The New Jim Crow Chapter 3 Flashcards

Questions and Answers

What does the phenomenon of 'Incarceration Nation' describe?

People are permanently imprisoned

People cycle in and out of prison and are trapped by their second-class status (correct)

Prisoners are treated equally in society

Prison systems are always effective

What is the difference between implicit and explicit bias in law enforcement?

Implicit bias refers to unconscious beliefs while explicit bias involves overt discrimination based on race.

The Supreme Court ruled in Whren v. U.S. that police officers are not entitled to use pretext stops.

False

What was the main argument in McClesky v. Kemp?

Warren McClesky challenged Georgia's death penalty scheme, stating it was infected with racial bias. Signup and view all the answers

What does the 14th Amendment's Equal Protection Clause ensure?

Equal treatment under the laws regardless of race, gender, etc. Signup and view all the answers

What is meant by prosecutorial discretion?

It refers to the prosecutor's ability to dismiss a case, file charges, and negotiate plea bargains. Signup and view all the answers

What did the Baldus Study find regarding murder cases in Georgia?

Defendants charged with killing white victims received the death penalty 11 times more often than those charged with killing black victims. Signup and view all the answers

The 8th Amendment allows for cruel and unusual punishment.

False Signup and view all the answers

What is the federal penalty ratio for crack vs. powder cocaine offenses?

100:1 Signup and view all the answers

What did the Supreme Court recognize in Yick Wo v. Hopkins?

Racially selective enforcement violates equal protection of the laws. Signup and view all the answers

What is a catch-22 in relation to Armstrong v. U.S.?

To state a claim of selective prosecution, one must provide evidence that can only be obtained through discovery of the prosecutor's files. Signup and view all the answers

What is the issue highlighted in Batson v. Kentucky regarding juries?

All-white juries could lead to racial bias. Signup and view all the answers

What does the court ruling in Purkett v. Elm permit?

Any race-neutral reason is enough for a prosecutor to strike a juror. Signup and view all the answers

What are peremptory strikes in jury selection?

Both prosecutors and defense attorneys can dismiss jurors without stating a cause. Signup and view all the answers

How do police exercise discretion in racial profiling?

Police target individuals and neighborhoods based on perceived racial characteristics. Signup and view all the answers

What is the definition of 'stop and frisk'?

A brief, non-intrusive stop of a suspect that requires reasonable suspicion. Signup and view all the answers

What conclusion does the NJ Attorney General Racial Profiling Study draw about racial profiling?

Racial profiling leads to the very racial composition law enforcement uses to justify its actions. Signup and view all the answers

What does Title VI of the Civil Rights Act of 1964 prohibit?

Discrimination in federally funded programs on the basis of race. Signup and view all the answers

What did Alexander v. Sandoval determine?

The Supreme Court eliminated the remaining avenue for challenging racial bias in the criminal justice system. Signup and view all the answers

Study Notes

Incarceration Nation

Individuals experience a cycle of imprisonment leading to a perpetual second-class status.
This phenomenon creates a "closed circuit of perpetual marginality," where released individuals struggle to reintegrate into mainstream society.

Colorblind Society vs. Bias in Law Enforcement

A colorblind society implies no racial biases and equal treatment for all.
Implicit bias refers to unconscious beliefs about racial neutrality; explicit bias is overt discrimination.
Despite the ideal of colorblindness in law enforcement, biases persist.

Whren v. US

The Supreme Court upheld police authority to make pretext stops, ruling it does not violate the Fourth Amendment.
Concerns were raised regarding targeting African Americans, but the Court allowed challenges under the equal protection clause.

McClesky v. Kemp

Warren McClesky, a Black man, argued against Georgia's racially biased death penalty scheme after being convicted for killing a white officer, highlighting systemic issues in criminal justice.

14th Amendment - Equal Protection Clause

Guarantees equal treatment under the law for all individuals, regardless of race or gender.

Prosecutorial Discretion

Prosecutors possess the power to dismiss cases, file additional charges, offer plea deals, and transfer cases to federal court, affecting case outcomes.

Baldus Study

Analyzed over 2,000 murder cases in Georgia, demonstrating that those charged with killing white victims faced the death penalty 11 times more frequently than those charged with killing Black victims.

8th Amendment

Prohibits cruel and unusual punishment, ensuring humane treatment for all defendants.

100:1 Ratio (Crack vs. Powder Cocaine)

Federal laws impose 100 times harsher penalties for crack cocaine offenses compared to powder cocaine, reflecting racial disparities in drug enforcement.

Yick Wo v. Hopkins

Addressed the issue of racially selective enforcement when San Francisco denied Chinese businesses laundry licenses; the Supreme Court ruled this violated equal protection.

Armstrong v. US - Catch-22 Decision

Required evidence for selective prosecution claims must typically be acquired from the prosecutor's files, complicating the process for defendants.

Batson v. Kentucky - All-White Juries

Emphasized the risk of all-white juries due to limited minority representation in jury pools, which can lead to racial bias in verdicts.

Purkett v. Elm

The Supreme Court ruled that any race-neutral reason provided by prosecutors for jury strikes satisfies legal requirements, regardless of the reasonableness of that justification.

Peremptory Strikes (Juries)

Allows attorneys to reject jurors without cause, intending to improve fairness but leading to discriminatory practices in jury selection.

Racial Profiling

Encompasses police practices that target individuals and communities based on race, undermining impartiality in law enforcement.

"Stop and Frisk"

A legal practice permitting brief stops of suspects based on reasonable suspicion, often criticized for its discriminatory application.

NJ Attorney General Racial Profiling Study

Highlighted the flawed logic behind racial profiling, where law enforcement cites incarceration rates of minorities as justification rather than recognizing profiling as the root cause.

Title VI of the Civil Rights Act of 1964

Prohibits discrimination in federally funded programs based on race, employing a "disparate impact test" to assess discrimination claims.

Alexander v. Sandoval

The Supreme Court's ruling effectively eliminated remaining opportunities to contest racial bias in the criminal justice system.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore key concepts from Chapter 3 of 'The New Jim Crow' that delve into the phenomenon of incarceration and the biases within law enforcement. These flashcards will help you understand how systemic issues contribute to a cycle of marginalization for formerly incarcerated individuals. Enhance your grasp of critical terms and their implications in society.