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Questions and Answers
What is the due process model?
The due process model attempts to treat everyone fairly with individualized justice, considering factors beyond just the crime committed.
How does the crime control model operate?
The crime control model operates like an assembly line, processing cases quickly and accepting some errors as long as most outcomes are correct.
The due process model allows for a higher number of errors compared to the crime control model.
False
What differentiates disparity from discrimination in the criminal justice system?
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What are some extralegal factors that might contribute to discrimination in criminal justice outcomes? (Select all that apply)
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What did Cole and colleagues suggest about the overrepresentation of minorities in the criminal justice system?
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What is one possible explanation for racial disparities in criminal justice outcomes according to Cole and colleagues? (Select all that apply)
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Implicit bias refers to conscious decisions made by individuals in the justice system.
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How have societal responses differed for crack cocaine versus methamphetamine?
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What is a system according to Cole and colleagues?
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What are some factors that influence the criminal justice system?
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Economic factors do not influence the criminal justice system.
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What is the key to the criminal justice system according to the speaker?
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How do public opinion polls influence criminal justice policies?
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What does 'discretion' refer to in the context of the criminal justice system?
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All cases in the criminal justice system are treated equally.
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What is meant by 'resource dependence' in the criminal justice system?
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The criminal justice 'wedding cake' illustrates the _____ of cases.
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Match the following justice models with their characteristics:
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Study Notes
### Criminal Justice System Defined
- A criminal justice system is a social system influenced by economic, political, and social factors.
Economic Factors
- Economic factors impact the criminal justice system because it requires funding; budget constraints can lead to decisions like not rehiring or even firing police officers.
Political Factors
- Prosecutors, judges, and other figures may prioritize constituents' wants over what's most pragmatic, potentially influencing decisions.
Social Factors
- Public opinion can influence criminal justice policy through advocacy, protests, and voting.
Norm of Reciprocity
- The criminal justice system requires compromise and a good working relationship between various entities within the system.
- This includes prosecutors, defense attorneys, and police.
- A breakdown in these relationships can significantly hinder the system's effectiveness.
Public Opinion Influence
- Politicians are sensitive to public sentiment, especially about crime and justice.
- Fear of crime can lead to more punitive policy, even though crime rates may be declining.
- Polling data can influence politician's platform and actions.
Characteristics of the Criminal Justice System
- Discretion: The freedom of actors to act independently based on their own judgment.
- Resource Dependence: The system relies on funding, which can be affected by public support.
- Sequential Tasks: Cases are processed through a series of stages, each with specific decision points.
- Case Filtering: Cases are screened at each stage, with some being filtered out as the process moves forward.
Criminal Justice Wedding Cake
- A model representing how cases are funneled through the system:
- Celebrated Cases (top): High profile, usually go to trial and appeals.
- Serious Offenses: Mostly violent, many go o trial, but most end with plea bargaining.
- Less Serious Felonies: Mostly dismissed or adjudicated via plea bargaining.
- Misdemeanor Cases (bottom): Most common, trials are rare.
Due Process Model (Herbert Packer)
- Emphasizes fairness and individualized justice.
- Aims to reduce error by considering all factors, including context.
- Operates on the assumption of innocence.
- Seeks accuracy: Ensuring someone is either guilty or innocent.
Crime Control Model (Herbert Packer)
- More of an assembly line approach, with a template for justice.
- Reliance on plea bargaining.
- Tolerates error as long as the system is mostly correct.
- Focuses on processing cases quickly.
- Operates on the implicit assumption of guilt.
- Prioritizes speed and finality.
Crime Control Model vs. Due Process Model
- Crime control model prioritizes efficiency and swift justice, emphasizing quick apprehension and conviction of criminals.
- Due Process model emphasizes procedural fairness and individual rights, focusing on protecting innocents and preventing errors.
- Plea bargaining is a common practice under the crime control model, contributing to its prevalence in the modern criminal justice system.
Disparity vs. Discrimination
- Disparity in outcomes may be explained by legitimate factors like criminal history, offense type, or aggravating circumstances.
- Discrimination is not explained by legitimate factors, instead pointing to extralegal factors such as race, gender, or socioeconomic status.
Explanations for Racial Disparities in the Criminal Justice System
- The Crime Rate Explanation: Data does not support the notion that minorities commit more crime than white counterparts, making this explanation insufficient.
- Racist Criminal Justice System: The system itself may be inherently racist, leading to harsher scrutiny and punishment for minorities.
- Racist Society: The criminal justice system is embedded within a racist society, influencing its practices and outcomes.
Implicit Bias
- Implicit bias refers to unconscious prejudices formed through repeated exposure to certain stimuli.
- Harvard's Implicit Association Test can gauge implicit bias in areas ranging from race and religion to body size.
Differential Responses to Drug Epidemics
- The societal response to drug epidemics varies based on perceived racial associations.
- Crack cocaine, associated with minorities, was met with strict enforcement and harsh penalties.
- Methamphetamine, perceived as a predominantly white issue, received a more treatment-oriented and regulatory approach.
- Prescription drug epidemics, commonly impacting white individuals, are often viewed as public health concerns requiring treatment.
Senator Tim Scott's Experiences Highlight Systemic Bias
- Republican Senator Tim Scott, despite his position and achievements, has experienced multiple traffic stops without legal justification.
- He has also been stopped by Capitol Police officers who doubted his identity as a senator.
- These experiences raise questions about the role of implicit bias and discrimination within the criminal justice system.
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Description
This quiz explores the multifaceted influences on the criminal justice system, including economic, political, and social factors. Additionally, it highlights the importance of cooperation within the system and how public opinion affects its policies. Test your understanding of these concepts!
