CRM 601 Lecture Notes - Lecture 9: Mandatory Sentencing, Selective Enforcement, Neoconservatism
2 Dec 2017
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Readings: elizabeth comack and gillian balfour (2004) theorizing law, chapter one, in the power to criminalize; Violence, inequality and the law, page 20 to 49 helpful for essay about role players: official version based on three principles: impartiality, neutrality, and objectivity woman with blindfold, rather it is about: class, race, and gender. Law is influenced by socio-political contexts (two: neo-liberalism, neo-conservatism) Rise of (cid:374)eoli(cid:271)eralis(cid:373) (cid:271)e(cid:272)ause (cid:449)e"(cid:448)e rea(cid:272)hed a state of for(cid:373)al equality (not substantive equality). Neo-lib. is flawed: neo-conservatism: state dictating people, hierarchal, patriarchal, authoritarian, inequitable, unofficial criminal justice system: discourses of neo-conservatism and neo-liberalism are embedded is law system so injustice. Ex. rehabilitation, conditional sentencing discourses are disguised through these. These discourses inform lawyers, strategies, language, decisions: official criminal justice system: professional codes of conduct, 3 theories: impartiality, neutrality, and objectivity, and adversarial system. Professional code of conduct: procedure and ethics, knowledge is power and power is knowledge (post-structural notion)
