What is Crime?
As shown in the Bureau of Justice (BJS) depiction of the prison system, crime is depicted as all encompassing, and broad. However, that is not the case. In broader social contexts, the definition of crime is far more complex and nuanced.
Fixes and Flows in the Criminal Justice System:
A Pennsylvania Case Study
Madison Loterina
Advisors: Professor Mir and Professor Massaro
Bucknell University
Crime as a Social Construct
When looking at the Bureau of Justice Statistics’ Flowchart:
Navigating the PA Criminal Justice System
Kramer and Ulmer’s study on Pennsylvania’s sentencing practices reveals the complexities within the criminal justice system that are not captured by the BJS’ Criminal Justice Flowchart. Their court community perspective portrays courts as social ecosystems influenced by local cultures and relationships, contrasting with the flowchart linear representation. A study done on sentencing in Pennsylvania revealed that there were significant sentencing disparities between urban and rural counties (18.8 months difference), further demonstrating how geographic and demographic factors impact outcomes. The influence of social orders on case processing and sentencing norms suggests that each step in the justice system can vary considerably based on community dynamics.
The 2011 U.S. Justice Department investigation of Pennsylvania's Cresson prison revealed severe mistreatment of mentally ill inmates through prolonged solitary confinement, basic needs deprivation, and excessive force. These practices led to serious mental health deterioration, contradicting rehabilitation goals. This case exposes the gap between simplified criminal justice models and the harsh realities faced by vulnerable inmates. It demonstrates how standard procedures can worsen mental health issues and violate rights, highlighting the complex, often harmful nature of the actual system that is not captured in typical representations.
References
Arrest & Police Practices
The case of Bailey v. Philadelphia was a federal class action lawsuit filed by the American Civil LIberties of Pennsylvania. The lawsuit was brought on behalf of African American and Latino men who experienced racial profiling by Philadelphia police officers during stop-and-frisk. The case’s second report revealed stark racial disparities in marijuana arrests: Black individuals compromising 83.4%, Latine 8.2%, and white 7.4%. The disproportionate targeting of minority communities in drug arrests implies the criminalization of certain activities may be shaped by societal biases and power structures rather than objective harm or danger to society
The Trial Process
Sentencing
Custody & Prison Conditions
The case of Elle Marcellin exemplifies how crime can be viewed as a social construct through the lens of the trial process. Marcelline, a 34-year-old woman who experienced a psychotic episode in 2017, became entangled in the PA justice system. It took six months for a judge to declare her incompetent to stand trial, highlighting how the legal system’s definition of competency is subjective. Furthermore, because of lack of adequate mental health resources, Marcelline ended up in solitary confinement.
Next Steps
Acknowledgments
ACLU-PA and civil rights firm file class action lawsuit against. (2019, September 24). ACLU Pennsylvania. https://www.aclupa.org/en/press-releases/aclu-pa-and-civil-rights-firm-file-class-action-lawsuit-against-philadelphia-police
Allentown City Council, American Civil Liberties Union of Pennsylvania, & Martin, D. A. (2020). Resolution 86 and District Attorney Martin’s memorandum in response. https://www.aclupa.org/sites/default/files/wysiwyg/final_-_2020.08.12_aclu-pa_open_letter_re_resolution_no._86.pdf
Cohen, A. (2016, September 22). Is a life in solitary “Cruel and unusual?” The Marshall Project. https://www.themarshallproject.org/2016/06/06/is-a-life-in-solitary-cruel-and-unusual
Kramer, J. H., & Ulmer, J. T. (2008). Sentencing Guidelines: Lessons from Pennsylvania. http://ci.nii.ac.jp/ncid/BA89231379
Roper, M. C., Worlds, S. F., & ACLU of Pennsylvania. (2024). Wasted Resources: The failures of stop-and-frisk in Philadelphia. In ACLU of Pennsylvania. https://www.aclupa.org/sites/default/files/bailey_policy_paper.pdf
Sentencing Guidelines and Racial Disparity across Time: Pennsylvania Prison Sentences in 1977, 1983, 1992, and 1993 on JSTOR. (n.d.). www.jstor.org. https://www.jstor.org/stable/42863872
Thompson, C., Miller, L., & Villa, M. (2019, June 6). Pennsylvania case shows how mentally ill languish in jails. The Marshall Project. https://www.themarshallproject.org/2019/06/06/mentally-ill-and-languishing-in-jail
Special thanks to: Prof. Darakhshan Mir, Prof. Anne Ross, Prof. Nathan Ryan, Prof. Sara Stoudt, Prof. Vanessa Massaro
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