Disputes and Legal Processes: Stages, Methods, and Societal Factors, Quizzes of Anthropology and Sociology

Download Disputes and Legal Processes: Stages, Methods, and Societal Factors and more Quizzes Anthropology and Sociology in PDF only on Docsity! TERM 1 Stages in Disputing Process DEFINITION 1 Sociologist: injury, grievance/blaming, dispute/claimingAnthropologists: grievance, conflict, disputeIn General: 3 decisions: whether the situation is unjust whether to confront the offending party whether to take the problem to a third party TERM 2 Methods of Dispute Processing DEFINITION 2 ALMANAC Avoidance Lumping it (ship it) Mediation Arbitration Negotiation Adjudication Coercion TERM 3 Discretion DEFINITION 3 Judge has the right to interpret the law in a given situationContexts: Executive - impact upon the citizen is immediate and uncertain (open to greatest abuse) Legislative - impact is not immediate but uncertain Judicial - immediate, but not uncertain TERM 4 Discretion Based on DEFINITION 4 Resource - Oriented: Case Load Cost/benefit Legal Factors Victim-offender relationship Offender's criminal record Extralegal Factors Sociodemographic, demeanor, language, background Environmental Factors- Political climate, social/cultural climate, crime climate TERM 5 Societal and Individual Factors DEFINITION 5 Why do some societies favor ADR more than other societies? social structure, power, inequality, legal culture Why do some individuals favor ADR more than other individuals? nature of relationships, power, personalities, sociodemographics TERM 6 Dispute Processing and Litigiousness: Then and Now DEFINITION 6 Depends on social class and personal opinion TERM 7 Legal Consciousness and Going ​(or Not Going) to Court DEFINITION 7 refers to everyday understandings of and experiences with the lawIndividuals have their own LC and share it with the worldthe society than institutionalizes it and limits further meaning makingStudies how certain people's experience change the nature of society's LC and how the interpretation of law is still changing TERM 8 Litigation Crisis Controversy DEFINITION 8 Characterized by an increasing amount of tort casesthe media's coverage makes this appear to be trueActually false TERM 9 Alternative Dispute Resolution DEFINITION 9 Alternative dispute resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. 5 Categories of ADR: mediation, negotiation, arbitration, collaborative law (marriage law), andconciliation Conciliation - like negotiation with a mediator TERM 10 Folkways DEFINITION 10 established cultural norms TERM 21 Restoration DEFINITION 21 Restoring injuries or objects back to their original condition TERM 22 Indeterminate Sentence DEFINITION 22 Minimum sentence + Maximum sentence TERM 23 Determinate Sentence DEFINITION 23 Set number of years to serve imprisoned TERM 24 Structured Sentencing DEFINITION 24 Guidelines used to make sentencing rational and similar to other cases TERM 25 Mandatory Sentencing DEFINITION 25 Sentence as defined by law, limited discretion TERM 26 Truth in Sentencing DEFINITION 26 Requires offenders to serve at least a significant portion (85% or more) of their sentence TERM 27 Sentencing Disparity DEFINITION 27 Sentencing disparity is defined as "a form of unequal treatment that is of often of unexplained cause and is at least incongruous, unfair and disadvantaging in consequence". TERM 28 Factors That Affect Sentencing DEFINITION 28 LegitimateFactors Offense severity Prior Criminal record Use of violence Use of weapons crimes committed for money Extra Legal Factors Rage, Age, Gender, Income TERM 29 Aggravating Circumstances DEFINITION 29 Degree of harmHow the harm was doneVulnerability of the victim TERM 30 Mitigating Circumstance DEFINITION 30 Acted under provocation or extenuating circumstancesMinor role in the act or acted under duressLacked mental capacity TERM 31 Capital Punishment DEFINITION 31 Limited to intentional or felony murderThe mentally ill cannot be executedMust be 18 or older TERM 32 Probation DEFINITION 32 Offender must do or not do certain things under certain rules for a period of time TERM 33 Intermediate Sanctions DEFINITION 33 FinesForfeitureRestitutionProbationShock Incarceration/Probation (Reducerecidivism) TERM 34 Jails DEFINITION 34 Used to incarcerate before and after trials, holds for transfers, and pending arraignments TERM 35 Inmates Rights DEFINITION 35 Access to Legal CounselExercise of religionCorrespondenceand VisitationAdequate medical treatment