Sociology of Law

Sociology of Law

Consequences include losing your job, reputation, missed time with family, foregone wages etc. Imbalance ratio is (a-s)/s when a-arrested/ detained pretrial and s-convicted and sentenced. Courtroom 302- Boggier Trial tax- implication that if you choose trial, if convicted your sentence will be harsher ‘Wheeling and dealing’ occurs between judges and defendants so they don’t go to trial. It’s a suck of resources. White sales **Feely says pre-trial costs force people to take plea bargains but Boggier says it’s trial tax and fear of future. Feely pre-trial, Boring post-trial

Courtroom Workups – Sensation and Jacobs A group Of actors with ongoing relationships Shared goals: Justice Efficiency Balance of authority and limitations Judge, Prosecutor, Defense Attorney (each has powers and limits) Processes include the adversarial process and negotiation Workup prefers negotiation (faster, compromise, fewer resource expended, more guaranteed, most parties win a little) Sanctions and the Deterrence Curse- Friedman Goals of sentencing Incapacitation (keep offender out of society) Punishment (give offender what he deserves) Rehabilitation (reform offender)

Deterrence (specific and general) Indeterminate sentencing can lead to unwarranted disparities in sentencing Determinate sentencing leads to federal sentencing guidelines This leaves no room for circumstantial crimes and sympathy 2 main criteria for determining sentence under sentencing guidelines. Costs of increasing punishment to increase deterrence include cost of police salary, jail space, time/money/effort to process additional cases. Factors contributing to the deterrence curve Federal Sentencing Guidelines – Greener Problems with sentencing guidelines (neither just nor effective): Still discrimination

Sentences become more punitive than just Guidelines are difficult to administer Discretion has not been eliminated The New Philadelphia Story- Ross & Voss Judge Farrell makes really severe drunk driving punishments They tested if general deterrence existed by comparing a neighboring, comparable town. They tested general deterrence by seeing if offenders re-offended within a given period of time. No significant specific deterrence Some general deterrence Civil Law Dispute Pyramid Grievance 0 claim 0 dispute D lavaВ»year 0 court filing C trial Only about 50 out of 1000 grievances become court filings.

Settled Out of Court- Ross “In the shadow of the law’ means even though a dispute may be settled outside of court, they still understand the law and what it does. Settlements require fewer resources, less risk of losing entirely, both parties win a little, cheaper, predictable/rationalized, more liberal Insurance companies pay more settlements that the law dictates in order to avoid trials and other legal affairs. Settlements are inequitable because aggression, wealth and eloquence is rewarded. Why the Haves Come Out Ahead- Galantine Repeat players (big companies with tons of cases) v.

One Shooters (one case tit no intention of having another) Repeat players fare better because they have relationships with court employees, they are willing and able to see long term and sacrifice some cases and pursue some cases harder because each individual case does not matter as much. The stakes are much lower. One- shooters have higher stakes because they don’t have any other cases. Court overload favors Rap’s because Rap’s can afford to wait months and months for their case to arise while one-shooters don’t always have the resources to do this.

RPR don’t derive power directly from money but from experience in rout (opposite of Marxist theory) Individual Responsibility v. Corporate Responsibility in Tort Cases Stella argues that McDonald’s was selling a faulty product McDonald’s argues that she should have been more careful and that some customers like coffee hot and they have not received many complaints. Details embellished: the media made it look like Stella sued because the coffee was too hot and because she was blaming McDonald’s for her own negligence.

Tort reformers wish to make society less litigious and make it harder for people like Stella to bring cases. Legal Education and The Legal profession Landfall’s Legal Education Focused around case law and Socratic method Meant to foster ‘legal reasoning’ Kennedy’s Critique of Allendale “Legal reasoning is a sham” Law school really teaches: Facts (case facts), argumentative techniques, POLICY (mostly) Law school disappoints students Contributes to social inequality Law school reproduces hierarchy because the elite-level of law school you went to determines what kind of job you will get.

Law school teaches society that lawyers have something special that can’t be learned anywhere else. Societal inequality. Becoming Gentlemen- Gunner Gender disparities in law school Teaching techniques work for men better than women though both genders come into law school evenly matched Women report feeling looked down upon and unwilling to speak up in class due to classmates reactions.

Women become disengaged After the JDK (SAD) Gender/racial disparities in levels of success and prestige The Legal Profession The tournament system in large firms Partners take on associates Some associates are eventually promoted to partner Lockstep pay- all hires on a certain year receive equal pay that increases every year Eat what you kill pay- salary is based on how much work you bring in and our billable hours.

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