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Midterm_Review_Sheet - What are the key features of the Due...

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Midterm Review Sheet Legal Studies/Sociology 131 March 5, 2008 1) Durkheim claims punishment is not primarily concerned with preventing crime or securing social order. How can he make this claim? According to Durkheim, what function does punishment serve in contemporary society? What does Durkheim mean by the term “collective conscience”? Solidarity? 2) According to the U.S. Supreme Court’s decision Ford v. Wainwright and Panetti v. Quatermain , why is it unconstitutional to execute inmates who lapse into insanity while awaiting capital punishment? Why should the state care about what the condemned understands about their punishment? 3) What is plea bargaining? According to Feeley, what factors have generated the high rate of criminal cases that are resolved through plea bargaining? According to Blumberg, why is plea bargaining a “confidence game”? What would Langbein and Blumberg prefer to plea bargaining? Why? 4) What are the two models of criminal justice described by Packer?
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Unformatted text preview: What are the key features of the Due Process Model? What are the key features of the Crime Control Model? What is the fundamental tension between the two models? 5) According to the Supreme Court’s decision in Deshaney v. Winnebego , what duty does the state have to prevent criminal acts against citizens? Do you agree with the outcome in that case?-6) How can Foucault claim that the imprisonment is a more invidious form of political domination than public, bloody executions?-7) In the case of the Hockey Dads, the sons of the victim were able to address the court when it was time to pronounce sentence. Should the victim’s family been given a voice at this point in the proceeding? Why or why not? 8) According to Friedman, what circumstances prompted the federal government to take a greater role in criminal justice in the 20 th century?-New crimes because of technology…. .violence in crimes,...
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