Doing Justice Notes PDF

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Doing Justice Notes at Temple University, Professor Tara Tripp, Includes all lectures...

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8/28/19 United States census- why census is important ● U.S constitution ○ Requires census of population ○ Every ten years ○ Used for redistricting House of Reps ○ 1790-2010 ○ Methods changed over years ○ Can be uses for census figures for historical trends-like city growth and population change Sources of population growth in Philly (1700-1900) Increased immigration ● Forign ● Domestic Growth of Jobs ● Manufacturing ● Commerce Incorporation of Towns ● Surrounding towns incorporated (1854) Spoken Notes: (Random) Philly comparable to Pittsburg because of steel industry What happens in Philly is used to compare rest of Pennsylvania State level inmates in jails (L shape) Replace correctional facilities with steel industry One correctional facility was not enough to sustain a whole city First contenential congress @Carpenters Hall Gentrification in Philadelphia (TU buying North philly neighborhoods) Social disorganization- houses grow from the oldest to newest outward (usually closest to the city/working class) Philadelphia works social disorganization backwards (over time, the harbor spread. Both to the north and south) As it spread warehouses, canneries, & cheap housing for immigrants working in harbor related industries grew upward Over time became these areas became substandard Increasingly crowded, yet offered affordable housing for bottom rung workers Over time, housing expands outward. Back from harbor; along major routes for Horse drawn trolley Transport Newer housing= cost more $ As housing ages, it gets cheaper

Struggling neighborhoods or economically challenged during prohibition was more susceptible to crime and corruption from cops (easy to take advantage of) Labor jobs by the docks in the city Poverty went north and south Steel industry lead to expansion Allegheny Pittsburgh compared to Philadelphia county Philadelphia first change in money was downtown (8th and market), became industrialized Housing was reason for gentrification At the same time, Downtown areas were expanding Businesses began taking over poor residential districts Downtown areas expand to meet the increasing numbers in the population to be served 8/30/19 Professor Spoken Key Points: Notes in Class Dimensions of a city justice ● Physical ● Socio economic ● Race, ethnicity, nativity Justice: fair treatment, repercussions for wrongs, addressing public safety issues, accountability, uphold balance with ones community, consequence to a criminal or crime -No real definition of justice that meets everyone's needs Book definition: The maintenance of administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishment Doing Justice embodies 3 principles: ● Offenders are to be held fully accountable ● The rights of persons protected by the law ● Like offenses will be treated alike (officials consider only relevant differences) Proposed definition of equal Justice: Equal justice occurs when justice agencies treat like cases alike in a fair and impartial manner (Tells you whats supposed to happen)

Social space is important ● According to the socio-legal perspectives (How the law works reflects how people live) ● Law cannot be understood without regard to the reality of the social life 9S. Vago 1991,

Law and Society) ● Donald Black’s approach follows this view ● (According to Blacks) We must understand that the law has different purposes therefore will have different outcomes for difference groups within society What is Law? Law is a form of social control or government social control What is social control? Formal- police, government, CJS, used in a way to keep people “in line” Informal- parents, school, anything that helps control people that is NOT the government The previous social control ideas are taken from a criminal justice perspective According to Black, social control is the normative aspect of social life, or the definition of deviant behaviour and the response to it, accusations, punishments and compensation 4 Styles of Law: Accusatory style: 1. Penal ● Prohibits certain conduct ● Enforces prohibitions with punishment (If someone does a crime, they go to jail) ● The group takes the initiative against an alleged offender, and the question is whether or not that offender os guilty or innocent 2. Compensatory ● The initiative is taken by the victim who alleges the offender is guilty of an unfulfilled obligation ● Think civil trials (ex. Injury law) Remedial style: 1. Therapeutic ● The alleged offender or deviant takes the initiative on his or her own behalf to improve their condition with the assistance of a helper 1. Conciliatory ● A remedial style of law in which the ideal is social harmony ● The parties involved in a dispute initiate a matter and seek to restore their relationship to its former condition ● Civil or criminal/restorative justice Black says.. ● Law can be measured quantitatively ● Styles of law can be measured quantitatively as well ● Quantity of both “law” and styles of law vary across time and space

9/4/19 Black says.. Continuation 1. Stratification- distribution (uneven) of conditions of life (wealth resources) 2. Morphology- distribution of people in reaction to each other (race and class) 3. Cultural Organization- symbolic aspects of life (religion) (what do you represent in society) 4. Social control- Informal= family, formal= the law We can use all four of these tools to measure crime; the reaction to crime by society; the system The Law ● Can increase and decrease, and one setting can have more law than another ● How to measure the law: complaints that lead to arrest, detention, trials, bail, sentencing decisions ● The quantity of the law is known by the number and scope of prohibitions, obligations, and other standards to which people are subject to and by the rate of legislation, litigation and adjudication (another form or being found guilty) ● The quality of the law varies in time and space ● It varies across the centuries, decades years and months, even days ● It varies across societies, regions, communities, neighborhoods, families and relationships of every kind ● It varies with who complains about whom, who the legal official is and who the other parties are ● It varies with the ranks of these people, their interrogation into social life, their intimacy with each other, reputations ● It varies horizontally, vertically, organizationally, culturally and socially

CJS Agency actions produce “more law” or “less law” Agency actions produce different “styles” of law CJ Agency family court Less law- judge gives a delinquent 10 hours of community service More law- Judge orders delinquent ro attend mandatory treatment program Less law- officer warns motorist that registration has expired More law- officer arrests motorist with expired registration Less law- 5 year prison term More law- Death penalty What style of law being used: penal

Less law- report to parole officer once a month More law- report to parole officer every week and submit to random drug testing What style of law being used: Black’s Tools for understanding how the law behaves: ● Stratification- vertical aspect of social or vertical dimension ○ SES- uneven distribution of existence conditions ● Organization- organizational dimension ○ Group ses & structure determines capacity for collective action ● Culture- symbolic aspect such as religion ● Morphology- Horizontal dimension ○ Distribution of people in relation to each other ○ Race, ethnicity ● Social control- social control dimension ○ Normative ○ Definition of deviance & response thereto ○ Respectability 9/6/19 Professor Spoken Notes: Class Notes: Trial By Twitter Video notes: Roll Red Roll (Columbus, Ohio-setting, 2012) ● J.P (District A)- Jane Doe had pictures leaked after waking up in a strangers house after football game after party ● Jane Doe wakes up without clothes and no memory (no recollection due to black out from drinking) ● Mark, Trent (main suspects), Malik (had some involvement) charged with under-age assult ● It is more difficult for a case when parties know each other ● Reporters at the time had different views at the time, socially/politically incorrect: “Its easier to tell your parents you got raped than to say you got drunk and let 3 boys do their way with you” (use

religion

/God a lot in their argument such as sin)

● Coach defends its players even after all allegations “can’t use another word for rape” ● Point A (Jane Doe still concious), B (picture taken/some recollection of nausea by the car by Jane Doe, C (where sexual assault may have taken place) ● Anonymous hacks and leaks videos ● Protest/rally began to get justice, Steubenville town in a bad light, divided the city ● Cell phones told the story ● Witnesses had to be given immunity in order to go on the stand

● Trent (sentenced to one year) and Malik (also sentenced to a year, plus one for taking/sending the picture) ● School officials charged (14 year old raped under the influence in April) ● Adults were more concerned with protecting an instutuion instead of protecting victim, culture contributed to rape 9/11/19 Steubenville Logistics Population: 18,659 Gender: 46.1% Male, 53.9% Female, Median Income: $33,188 ¼ residents below poverty line Race: 76% white, 15.9% African American ● Predictors of law- way the law is going to react in that environment Race, income, gender, football/non football, resident/non resident, juvenile/non juvenile ● Black’s “tools” applied to Steubenville ○ Vertical- social economic status, football, gender, age ○ Horizontally- race, residence, gender, football ○ Organizational- local police & D.A vs. State law enforcement & attorney general’s office, cj system vs school/football, single victim vs football mania ○ Social control (normative)- past behaviour of victim; offenders; parents; coaches ● Behaviour of law in Steubenville ○ Richmond & Mays ○ Investigate (witnesses, monitor social networks, search warrants for cell phones, rape kit) ○ File charges- D.A- adult, state attorney general; judge- as juveniles ○ Immunity to some witnesses ○ Trial ○ Sentences- including sex offenders registry ○ Parole ○ Richmnond- returned to team after release in Jan 2014 ○ Mays- released in Jan 2015 ● Who you are matters ○ Football players/witnesses (Westlake, Cole, Craig)- granted immunity in return for testimony ○ Football coach (Reno Saccoccia)- under indictment ○ Blogger (Alexandria Goddard)- former S’ville resident- sued for publishing defamatory statements about Cory Saltsman by his parents; dismissed after she agreed to post Cory’s statement of remorse ○ Anonymous & other hackers (Lpstutter)- faces 10 yrs. For posting videos on-line in violation of Computer Fraud and Abuse Act

○ H.S wrestling coach (Fluharty)- plead no-contest (not guilty nor guilty) to failure to report child abuse; 20 hrs. Community service ○ School superintendent (McVey)- charged with felony & misdemeanor counts related to impeding investigation; resigned post in return for dropping charges ● What styles of law were used in each of the above instances? ○ Trail of richmond & mays (Penal)- juvenile court, but ended in punishment ○ Immunity agreements- (Conciliatory) ○ Plea agreements- (Penal) What is SES (social economic status) Blacks model: ● “At its most basic, class is one way societies sort themselves out.. Classes are groups of people of similar economic and social position:” (Quote from Scott & Leonhardt) 9/13/19 SES Position Relative to Others Top fifth- 81-100 percentile Upper middle- 61-80 percentile Middle- 41-60 percentile Lower middle- 21-40 percentile Bottom fifth- 1-20 percentile Each group covers= fraction of population Indicators of SES: Wealth (inherited/trust/real estate/investments/property), education, occupational prestige, (earned) income

Income-based definition: ● Household income ranging from 67 to 200 percent of the median household income for the entire Philadelphia metropolitan ● 210 regional median household income- 61, 579 ● Middle class- 41,258-123157 ● Lower: 123, 157 Black’s Vertical Dimension Organizing societal differences (stratification) → social status → “traditional” view: crime seriousness → the socio-legal perspective → agencies are people → socio legal: crime seriousness Traditional view: Seriousness part of the act itself

1. Intent- harm and suffering intended? Or unintentional 2. Results- property damage: how much? How replaceable?, personal injury result?: how many, how long to recover, emotional, physical, economic impacts 3. Death resulted: how many, pain inflicted? About people They are human, social animals, respond to social pressure (such as pursuit of american dream, get a job, build a family, etc) Social space is important because: “Law cannot be understood without regard to the realities of social life” S. vago (1991) “Law and society” pg 39 Donald Black’s approach follows this view: who does what to whom is important Black’s view: the seriousness of crime ● In addition to harm and intent ● Also considers embedded structural context: ex. Who did what to whom ● Key part of embedded structural context: ● Status differences between two parties ○ Victim ○ Offender ● Status differences= “vertical direction” of the crime or deviance

9/16/19 What about upward crimes? ● How does this affect: the seriousness of the crime, direction of the crime, direction of the law ● The level of seriousness goes up when the victim is of higher status than the offender ● Upward crimes= more serious ● Law moves downward (law is enforced on behalf of the victims) ● ^Move from the victims than to the offender Black’s view: ● Vertical distance ● SES difference between the 2 parties ● ‘Influences seriousness of crime Summing up so far: ● Seriousness of crime depends on: intent and amount of harm done

● Black: each crime is embedded in social context ○ Relative status: offender & victim ● Black: seriousness also depends on the direction of act ○ Upward crime: more serious ○ Downward crime: less serious What about victimless crimes? Offender willingly buys drugs Offender willingly purchases illegal alcohol Where is the “victim”: affects friends/family, economy (because it is not taxed), therefore, entire community is affected “Who does what to who matters” Justice agencies give out consequences Black says: “Law behaves” Agency actions produce more or less law

Video about Prohibition (Intro to ..) Beecher (preacher) saw what alcohol was doing to families and decided to do something about it It went far enough to be added to the constitution --- prohibition Twist b/c human freedom was being limited Prohibition: Turned law abiding citizens into law breakers Countryside against cities Protestants vs Catholics Individual rights vs responsibilities Etc. Alcohol was apart of the culture/ ritual celebrations/ gatherings “Not clear why we need it, just clear we do” “Intoxicating alcohol was used by everybody, .. by nobody”- Abraham Lincoln Americans spent more on alcohol every year and the federal gov expenditures Women and children became victims Sign of masculinity .. until you become violent and abandonment Marital rape not discussed

9/18/19 Prohibition 1919-1933 Setting the stage for prohibition: ● By 1830, the average American over 15 years old consumes nearly seven gallons of pure alcohol a year-- three times as much as we drink today and wreaking havoc on particularly women and children who had few legal rights and were utterly dependent on their husbands for sustenance and support The Temperance Movement ● What groups supported temperance? Why? ● Women- distraught wives and mothers whose lives had been ruined by the excesses of the saloon, thousands of women began to protest and organize politically for the cause of temperance. Their organization, the Women’s Christian Temperance Union became a force to be reckoned with, their cause enhanced by alliance with Susan B. Anthony, Elizabeth, etc ● By the late 19th century the WCTU, led by the indomitable Frances Willard, would claim some significant success-it has lobbied for local laws restricting alcohol and created an anti-alcohol educational campaign that researched into nearly every …. (Those in favor of temperance movement: ) ○ The anti-saloon league- (political design) ○ Progressives ○ Factory owners ○ Progressive reformers- way to have political platform ○ Other “moral crusaders”- part of the church etc. ready to face problem ○ “Patriots”- born in the U.S, thought was that alcohol was coming from outside influence (immigrants) ○ Not a full day into prohibition, new crimes were already being committed ○ Factory owners- supported prohibition in their desire to prevent accidents and increase the efficiency of their workers in an era of increased industrial production and extended working hours (financial design) ● Anti temperance groups: ○ What groups were opposed to the temperance movement? Why? ■ Men ■ Non-protestants i.e catholics (wine is offered during communion, bid deal in the church) ■ Restaurants and bars and hotels (taking away business) ■ Certain immigrant/ethnic groups (italians, germans, jewish people specifically) because bootleggers and speakeasies made up this demographic ● As a result, 18th Amendment to the U.S Constitution ○ Section 1-After one year from the ratification of this article the manufacture, sale,

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or transportation of intoxicating liquors within, the importation therefore, into or the exportation thereof the U.S and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited Section 2- Congress and the states shall have concurrent power to enforce this article by appropriate legislation Section 3- This article shall be inoperative unless it shall have been ratified as an amendment to the Constitutional by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by Congress Congress enacts: Dec 19, 1917 Ratified by ¾ of states: Jan 16, 1919 Section 1. =the 18th Amendment to the Constitution of the U.S is hereby repealed

Volstead Act of Oct. 18, 1919 ● Purpose= “To prohibit intoxicating beverages, and to regulate the manufacture, production, use, and sale of high-proof spirits for other than beverage purposes, and to insure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye, and other lawful industries” (Preamble of act) ● Exception for wine, beer, and ale with...