Chapter 12 - Discrimination I also have disagreements with Walker regarding discrimination in the CJS, which I will get to... First, Walker's discussion.

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Presentation transcript:

Chapter 12 - Discrimination I also have disagreements with Walker regarding discrimination in the CJS, which I will get to... First, Walker's discussion

Chapter 12 - Discrimination Walker discussed his views on discrimination in earlier editions of the book, but drops most of the discussion in this edition -- Walker is a major scholar in this area, authored one of the most used books on the topic

Chapter 12 - Discrimination Walker's own work - discrim as "contextual" – isolated incidents - not systematic!! but... the cumulative effect of isolated incidents + the perception of discrim by minorities undermine respect for the law

Chapter 12 - Discrimination Respect for the law is an important cause of law-abiding behavior (compliance) Disrespect for law might lead to petty crime, then on to serious crime Thus, reducing the perception of injustice might help reduce crime

Chapter 12 - Discrimination What is missing from W's approach? The Sociological/Cultural aspect Institutional discrimination Plus – the denial of discrimination

Chapter 12 - Discrimination Institutional discrim (dual systems) Hist/Trad pattern - landowners & peasants (also slaveowners & slaves) Contemp Amer pattern - white & minority

Chapter 12 - Discrimination Police culture - White, WC, males, military background, segregated lives Court culture - White, MC, males, college backgrounds, segregated lives Street crime - poor, dispro minority, background of exclusion, segregated lives

Chapter 12 - Discrimination Over-representation of minorities in street crime (mainly because disproportionately poor) reinforces the cultural views of white-dominated police & courts CJS cultures generate institutional forms of race/ethnic discrimination **(mostly unintentional, unconscious!!)

Chapter 12 - Discrimination Note: cultural views are shared by minorities in the systems too - cultures are white-dominated and minorities working in this cultural context have to "fit in" “measure of competence”

Chapter 12 - Discrimination Note: in Walker's view the only place discrim has been “proven” is victimless crimes – This is called defendant-based discrim!! For crimes involving victims, the key is the combination of offender & victim. Discrim is more complicated and subtle

Chapter 12 - Discrimination Example: Georgia and the death penalty s Homicides Sentenced Executed B/W W/W B/B W/B 3 3 0

Chapter 12 - Discrimination So, institutional discrimination involves routine discrim historically embedded deeply in the CJS culture and routinely denied by the CJS culture So it is not just a contextual and perception problem - it is real!!

Chapter 12 - Discrimination SOME IMPLICATIONS Discrim reinforces stereotypes that lead to more discrim (self-fulfilling prophecy) Response by YMM - petty crime, often then leads to serious crime (and “attitude”) Arrest record also makes both petty and serious crime more likely

Chapter 12 - Discrimination Minorities are disproportionately victims of street crime - also due to segregation Minorities often don't report crimes and don't cooperate with police/prosecutors Older minorities, who are not usually treated as badly by the system, resent the racist treatment of YMM's!

Chapter 12 - Discrimination Cost of discrim - many millions of dollars in lawsuits across the country - money could be used for things that would reduce crime.

Chapter 12 - Discrimination Finally -- SOME SOLUTIONS (W offers none!) Stop denying that discrim exists - it does Monitor & eliminate the patterns Change cultures of discrim - education & diversity