Final exam
JoseRivera123
Chapter1lecture-final.pptx
Lecture for Weeks 1 and 2
Convicted and Condemned Chapter 1
Prison State Documentary
Article 1 Motherhood and Crime (Roberts)
Announcements
Class Facilitation
Discussion Post
Late Assignments
Convicted and Condemned
Chapter 1
Intro
Felons as a socially constructed category
Social Disability theory
Concept of “othering” and its connections to racializing society and excluding segments of society
“National Employment Law Project estimates that 20% of adults have an arrest or conviction record. Some suggest that the percentage is as high as 25 percent” (p. 23).
Courtroom actors are not obligated, however, to mention the ensuing civil disabilities that will come after one has completed his/her sentence.
Should courts be mandated to do so? Why or why not? And what the impact be?
To what extent is this a political dilemma?
Social Disability Theory
Consists of three major models:
The Medical
“Typically based on clinical criteria that relate to both the nature and severity of an impairment and emphasizes the intervening variable(s) that led to the disability, such as an accident, age, injury, etc…”(p. 24).
Thus, understanding the construction of felons as an impairment (felony=disability).
The Social-Political
“argues that a disability is based on limitations on one’s ability to participate in social activities, perform common public roles, and function in society” (p. 25).
Thus, conceptualizing the impairment as a symptom of unequal culture and discriminative law.
The Individual
model “makes it a lived experience, treats the disability as a distinct factor for an individual, and addresses how the degree of disability determines society’s response to the individuals'’ impairment” (p 25).
The degree of an individual’s disability determines how the body is represented and viewed by others and how social attitudes and public private institutions determine an individuals reality (p.25)
Thus, highlighting the way in which the political colludes with an individual’s ability to matriculate society. The ending result is disability for those labeled felons.
“A common link across all disabilities is that individuals experience episodes of being “out of society: and unwelcomed in some spaces in habited by able bodies” (p. 26)
A Felony Conviction as a Disability
the authors states, “Once someone is convicted of a felony, his or her conviction carries an unexamined power over his or her body” (p. 26).
Felony label as “otherness”
Explains otherness in ways that makes it akin to racism and xenophobia.
This disability is also legal–
What does this say about the goals of the system?
Eventual impact/benefit to society?
The title forfeits one’s ability (or right) to be rehabilitated
Thoughts?
Historical Context
The original connection among crime, punishment and the loss of rights is found in medieval beliefs that the punishment should fit the crime and this idea found its way in the Magna Carta (also known as the Great Charter of Freedom or as England Bill of Rights) (p. 30)
Feudal laws reshaped into common laws
British Common law transported by English Settlers to America and it was spread through 13 colonies
Local jail for minor crimes or misdemeanors with sentences of less than one year and the state penitentiary for felonious and infamous crimes with sentences of more than a year (p. 32)
The criminal codes also mirrors historical, religious, ideological and political views about which criminals are imprisoned for life or sentenced to death and which criminals are estimated to be redeemable (p. 32)
Public Fear, Media and Politics
Political Tactics
Racial construction of criminality
Missing white women and children vs. black women and children
Construction of black men as monstrous criminals
Does race play a role in who the criminal is in the American imagination and; therefore, the treatment of felons?
Criminal Justice System
The criminal justice system is designed to be impartial, race neutral and punishment should be equal.
“ the Bureau of Justice Statistics reveals that black men far outnumber white and Latino male prisoners, and black women far outnumber white women and Latina prisoners” (p. 44)
“The residue of race continues to be one of the most volatile points of friction within the legal system, and although race is not explicitly expressed when crime policy and sentencing decisions are made, racial disparities are not due to chance” (p.45)
Prison State Documentary
“Jail should be using space for people we are afraid of not angry with”
Keith
Released on parole due to Criminal Justice Reform and has an extensive criminal history as well as mental health issues
Once released he eventually stops taking his meds and absconds from Parole and returns to Beecher Terrace
Charles (Vietnam vet ,started using drugs in Vietnam)
Vietnam vet (started using drugs in Vietnam). Released into rehabilitation program after serving 5 years. Mental health issues
At the end of documentary he is able to find stable housing with other veterans
Christel (15 years old)
Lives in Beecher Terrace, diagnosed with bipolar disorder and ADHD. Sent to an alternative school but stopped attending.
Demetria (14 years old)
Been to the juvenile detention center 3x, mother was killed when she was 9 and was living with her aunt who she is charged with assaulting
Article 1: Motherhood and Crime
“Criminal law is more likely to impose an affirmative duty on mothers than other classes of people” p.1
Society is less likely to identify with criminal mothers than with other classes of criminals
This conceptualization of “otherness” even within the realm of felons
Classist and Patriarchal norms
“We must condemn mothers’ violence against their children. However, their violence should also force us to confront the complexity of women’s subordination and the radical measures we must take to eradicate it.
Conclusion
The use of the Prison State documentary as well as the Motherhood and Crime article offer real world context to the Convicted and Condemned textbook. In addition it is important to understand how race and class can play into being arrested, charged with a crime then subsequently incarcerated or reentering society.
When reading theses articles and the text it is important to understand and confirm what you may already know but we need be begin to answer the question of what reforms are really needed in the system? How can we support felon re-entering society so that they can become productive citizens and find success in reunited with their families.
I once went to a training that said we should begin to ask the question of what happened to you? instead of why did you do that? I believe that question is important when looking at those with felony convictions. We need to understand the person to offer rehabilitation.
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