Bias, as defined by Merriam-Webster, is an inclination of temperament or outlook, or a personal and sometimes unreasoned judgement. We face bias in our everyday lives when dealing with all aspects of life and not necessarily the criminal justice system. As a part of society, like conflict, bias helps our society function. While not always in a positive sense, bias does have a place in society that helps it function the way we know it today. Bias in society can be compared or categorized under the sociological perspective of Functionalism. The sociological theory of Functionalism is essentially when all aspects of society that are interdependent contribute to the functioning existence of society as a whole. If there was no bias in society, …show more content…
Federal Sentencing guidelines are in place for when there is sentencing in cases to ensure that those who are sentenced are basically “on the same playing field”. However, sentencing is based upon previous criminal history as well as the components and severity (according to U.S. Guidelines) that effect the overall recommendation made to the court. For example, if the offender committed Aircraft Piracy or attempted aircraft piracy, the base offense level for the recommendation would be 38. If a death occurred during the commission of the offense, 5 levels are to be added. Depending on the past criminal history of the defendant, they could be looking at anywhere between 235 months (20 years) to life in prison. Federal Guidelines help our court systems sentence each and every individual in the system fairly without the issue of bias and racism effecting judgement. In a recent Supreme Court case, McCleskey v. Kemp, the issue of racial bias was brought to challenge. In this case, the defendant, McCleskey, was challenging his sentence to death based on the fact that he believed it was a racial issue. The defendant filed a habeas corpus in order to petition the court and his sentence. The petitioned claimed that capital punishment process in Georgia was “administered in a racially discriminatory manner in violation of the 8th and 14th Amendments” (Justia). According to the Baldus Study, which was conducted during
Sociology is the study the different aspects of humanity and society. It encompasses a very broad and varying range of topics. It can be studied on a large world-wide scale spanning across several countries, which is called Macrosociology. It can also be studied on a small scale looking at only individual families or neighborhoods, which is called Microsociology. Not only does it peer into humans’ interactions with each other but examines why they act the way they do. It considers the environment, as well as how access to different luxuries can contribute to the people that we become. In this fascinating field there are three primary views on exactly what the fundamental driving force behind society is. Symbolic Interactionalism, the belief that symbols and the meaning that they are given, define how we will perceive life, in this philosophy these meanings are influenced by society and the events of individual lives. Functional Analysis, views society as any other organism, in this theory all parts of the whole must work together cohesively to function. Conflict theory takes a somewhat opposite view than Functionalism, this perspective suggests that rather than wanting to work in unison, society’s underlying motive is a power struggle for resources. Over the course of this paper the reader will explore these different perspectives.
Sociology is the “systematic or scientific study of human society and social behavior” (Ferris and Stein, 2016, p. 9). The study of an individual society and its behaviors can have contrast due to a 20th century event. In the essay Racism and Research: The Tuskegee Syphilis Study, the unethical experiment took place in the year 1932 in Macon County, Alabama. This case can discuss the topics of culture, socialization, deviance, and race. All of which can become visible in a society through the structural functionalism lens. This sociological perspective theory is “a way of looking at the world” through a specific lens (Ferris and Stein, 2016, p. 10).
Theories have been composed and exposed by various philosophers to clarify their reasoning about the mind. Dualism, Behaviorism, and Identity Theory, are well-known theories supported by well-written explanations. A modern theory, Functionalism provides ample insight to the main problem philosophers deal with, the mind/body problem.
In sociology, functionalism is one of the main theoretical perspective. The father of the sociology Emile Durkheim was the promoter of functionalism. Functionalism mainly focusing on the stability and order of the society. This gives a variety of elaboration about the society or human behaviour. All the parts of the theoretical perspectives connected and influenced each other, this all works together in maintain the society healthy. All of these parts depends one to another, if one of the parts not working properly, that will affect all the system or that all circles.
In this essay I am going to compare and contrast Functionalism and Marxism. They are both sociological perspectives which have theories about society and the people that live within it. They attempt to explain how society influences people, and similarly how people influence society. However, the two perspectives are clearly different.
The Baldus study was introduced to the U.S. Supreme Court in 1986 during the appeal of Warren McCleskey convicted for murder. McCleskey v. Kemp, 481 U.S. 279 (1987) rejected McCleskey’s claim that the Georgia death penalty statute was implemented in the racially biased way and violated the eighth and fourteenth amendments. McCleskey v. Kemp was a 1987 Supreme Court case in which a black man was convicted of murdering a white police officer in Georgia and was sentenced to death. In a writ of habeas corpus, McCleskey argued that a statistical study proved that the imposition of the death penalty in Georgia depended to some extent of the race of the victim, and the race of the defendant. The study found that black defendants who murder white victims are more likely to receive the death penalty than those who murder black victims in the state of Georgia. This study also showed that in Georgia in 1970, defendants charged with the murder of a white person received the death penalty in 11 percent of cases but defendants charged with the murder of a black person only got sentenced to death in 1 percent of cases. The Baldus study claims to show the difference in the imposition in the death penalty sentence based on the race of the murder victim and, to a lesser extent, the race of the defendant. For instance, if a black defendant kills a white victim the death penalty was imposed in 22 percent of cases; a white defendant and a white victim only eight percent get the death penalty; a mere one percent in cases involving black defendants and black victims; and if a white defendant kills a black victim the death penalty was assessed in 3 percent of the
This case presents the question whether a complex statistical study that indicates a risk that racial considerations enter into capital sentencing determinations proves that petitioner McCleskey's capital sentence is unconstitutional under the Eighth or Fourteenth Amendment.
Functionalism is a macro theory, which is based on society as a whole, rather than just that of the individual. It is argued that functionalism generates many things for society. Religion, from a functionalist point of view, socialises people, teaching them norms and values of society, which are the basis for social unity. Religion further is a structure within functionalism which aids in influencing individuals lives. Functionalism claims that social solidarity, the uniting of people in society is an important part of maintaining social order, which is a functional pre-requisite for society to survive. In addition, Functionalists use the term, ‘Organic Analogy’,
The Baldus study and the NC Racial Justice Act are similar in showing evidence of inequalities of the criminal justice system. Both use statistics to show discrimination in the criminal justice system. One example of Baldus, in Georgie black offenders who victimized white were more likely to receive death penalty than white who victimized blacks. NC Racial Justice Act was the first state to allow courts to consider statistical evidence bearing on discrimination. The first case was McCleskey, conducted two important death penalty studies. One the procedural reform study and the charging sentencing study.
Bias is something every person has; It is the inclination to feel prejudice towards a certain person, subject, or thing. On a personal level, bias affects just about everything a person could encounter, or has yet to encounter in their lifetime. There are two main types of biases people can have; Cognitive bias involves topics such as social attribution or memory errors, that are quite common and have a wide range of effects on how humans perceive things. The other type of bias is called social biases, or sometimes referred to as attributional bias. Attributional biases affect our everyday social interactions, and has a strong impact on people when trying to assess their own and others behaviors.
Explain the three major sociological perspectives of functionalism, conflict theory, and symbolic interactionism. Identify which perspectives use a macrolevel or a microlevel of analysis. Apply each perspective to socialization.
Functionalism is a consensus perspective, whereby society is based on shared values and norms into which members are socialised. For functionalists, society is seen as a system of social institutions such as the economy, religion and the family all of which perform socialisation functions.
Functionalism is seen as a macro-scale approach to society; it sees society as a whole rather than looking at parts of it. Due to this, functionalism sees society as a body (organic analogy), all the institutions work together to make society. This is particularly useful when observing society in order to understand the way in which it functions and the way in which all the institutions (organic analogy: organs within the body) work together to sustain society as a whole. Functionalism being a macro-scale approach is therefore seen as a strength as it allows functionalist sociologists to observe society, and its institutions, as a whole.
Sociology uses three different perspectives, or theories, when looking at human issues. These three theories are known as functionalism, conflict theory, and symbolic interaction. Functionalism is considered a macro theory and has two different models. The focus will be on Merton’s model of functionalism, which has three parts to it. Conflict theory is also, a macro theory that views society as a place of inequality between two groups. It looks at five inequalities, which are economic, gender, racial, age, and sexual orientation inequalities. The last theory is symbolic interaction and it is the only micro theory. It is a way to analyze how people’s behavior define themselves and the people they interact with. Abortion is the issue that
Functionalist theory is one of the major theoretical perspectives in sociology. It can be argued that the functionalist theory has made a significant contribution to the study of society. It originates from the work of Emile Durkheim who suggests that social order is possible and society remains stable due to the functioning of several institutions. Everything has a specific function in society and society will always function in harmony. The main institutions studied by functionalism are the family, the education system, religion and crime and deviance.