chapter 17: learning objectives compare and contrast the two principal models of criminal justice...

CHAPTER 17: LEARNING OBJECTIVESCHAPTER 17: LEARNING OBJECTIVES

Compare and contrast the two principal models of criminal justice policy making

Examine criticisms of the criminal justice system

Assess different forms of the welfare state dating back to the nineteenth century

Copyright © 2012 Cengage Learning


Contrast the U.S. welfare state model to that found in other Western democracies

Understand the role of welfare policies in addressing the needs of the poor

Assess the state of the social security system, its future prospects, and proposals for reformCopyright © 2012 Cengage Learning


Contrast the various tax-favored investment vehicles that supplement retirement savings

Compare America’s health care system to European systems that feature universal health care

Assess efforts to overhaul the nation’s health care system, including the legislation passed in 2010



Understand the role the EPA has played in advancing national environmental policy

Assess education policy, including the recently expanded role of the federal government in requiring public schools to meet national standards



Consider how energy policy is determined in the U.S., including the use of mandates and programs encouraging energy efficiency

Understand the history of immigration policy in the U.S. and the impetus behind current proposals to increase restrictions on illegal immigrants


WHEN A PRESIDENT SCALES BACK HIS GOALS TO WHEN A PRESIDENT SCALES BACK HIS GOALS TO ACHIEVE MAJOR SOCIAL POLICY: NOW & THENACHIEVE MAJOR SOCIAL POLICY: NOW & THEN

The problem had festered for decades The energetic young president

demanded sweeping policy reforms Leaders conceded the need but the

policymaking process was suspended in legislative gridlock


……NOW & THENNOW & THEN

In the end, a more modest version would become law

The president may not have gotten all he wanted, but

He achieved a policy breakthrough, and would get much of the credit

His willingness to compromise made a huge breakthrough possible



JEWEL SAMAD/AFP/GETTY IMAGES

NOW… AMERICA’S HEALTH CARE NOW… AMERICA’S HEALTH CARE SYSTEM SYSTEM

Spiraling costs and widespread complaints about access to care forced the issue to the forefront again in 2009

Obama argued for health insurance coverage for all uninsured, caps on premium increases, coverage retention after changing or leaving a job… also


NOW… AMERICA’S HEALTH CARE NOW… AMERICA’S HEALTH CARE SYSTEM SYSTEM

The “public option”: government insurance competing with the corporate insurance sector to reduce costs

The final bill lacked universal coverage and the public option, but

Still, the legislation amounted to a sweeping overhaul



CORBIS

THEN… PRESIDENT THEODORE THEN… PRESIDENT THEODORE ROOSEVELTROOSEVELT

Announced that conservation of forest and water resources would be a national issue of vital importance

By executive order, designated many federal tracts as game reserves, and over 150 million acres as national forest reserves protected from unregulated strip mining


THEN… PRESIDENT THEODORE THEN… PRESIDENT THEODORE ROOSEVELTROOSEVELT

Transfer Act of 1905: moved forest reserve management to the Bureau of Forestry (U.S. Forest Service)

But Congress refused to pass other laws protecting the nation’s resources

Roosevelt was forced to accept major compromises in his landmark legislation


Copyright © 2012 Cengage Learning CORBIS

JEWEL SAMAD/AFP/GETTY IMAGES

INTRODUCTIONINTRODUCTION Social policy: rules, regulations, and

policy making pertaining to quality of life, welfare, and relations of human beings

Grand policy-planning strategies are often unrealistic in a system where passing laws of any kind is so difficult

Often resort to breakthroughs short of their overall objectives and promises


THE NATURE AND PRACTICE OF THE NATURE AND PRACTICE OF CRIME POLICYCRIME POLICY

Social scientist Herbert Packer defined two models: 1. Crime control model - controlling criminal

behavior is the most important function of criminal justice

“Assembly line justice”: moving cases quickly and efficiently



2. Due process model: the principal goal is justice

Focuses as much on protecting the innocent as on convicting the guilty

Some guilty defendants may go free if the state doesn’t meet its high burden of proving guilt “beyond a reasonable doubt”



U.S. system is a tug-of-war between both models

No-name, relatively run-of-the-mill, usually poor defendants often fall into the crime control model whereas

Bigger-name, higher-profile, and wealthy defendants are more likely to experience the due process model


MARIO ANZUONI/REUTERS/LANDOV


AMERICAN GOVERNMENT… IN AMERICAN GOVERNMENT… IN HISTORICAL PERSPECTIVEHISTORICAL PERSPECTIVE

INNOVATIVE CRIME POLICIES THROUGH THE YEARS

Mid-to-late 19th century: focused on discouraging “rowdy and undisciplined behavior”

Frequent arrests for less “harmful” crimes, seen as contributing to a general state of moral decline



1940s-1970s: Rehabilitation played a dominant role

Argued that offenders could be restored to a constructive place in society

Indeterminate sentencing: no fixed release date—viewed as motivation to participate in treatment and/or therapy



1980s: Wilson and Kelling’s “broken windows theory”

Cleaning up vandalism, i.e., fixing broken windows, deters petty crimes and antisocial behavior in the short run, and

Deters major crimes in the long run “Zero tolerance”


THE WELFARE STATETHE WELFARE STATE

Nearly all modern welfare states are somewhere between

Pure capitalism: All or most of the means of production are privately owned under competitive conditions, and

Socialism: All or most of the means of production are owned by the community as a whole



U.S. government vigorously resisted assuming broad welfare state functions until the 1930s—Great Depression

FDR’s New Deal established the modern welfare state, however

Very few provisions directly ensured better education or health care for the masses



It wasn’t until the mid-1960s that the reach of the welfare state included education, health care, and assistance to the poor, however

Because welfare is seen as “taking something” without contributing -

Americans are reluctant to see welfare similar to many European democracies


YOUR PERSPECTIVE…. ON YOUR PERSPECTIVE…. ON AMERICAN GOVERNMENTAMERICAN GOVERNMENT

Realistic Options for National Service…

1993: the National Community and Service Trust Act created “AmeriCorps”

Over a quarter of a million young people have introduced new national programs and revitalized existing programs


YOUR PERSPECTIVE…. ON YOUR PERSPECTIVE…. ON AMERICAN GOVERNMENTAMERICAN GOVERNMENT

Would you consider joining AmeriCorps or some other form of national service before embarking on your own career?

Why or why not? Should AmeriCorps “volunteers” be paid

even a minimal scholarship amount?


POLICIES AND PROGRAMS FOR THE POLICIES AND PROGRAMS FOR THE POORPOOR

New Deal programs i.e. Works Progress Administration and the Federal Emergency Relief Administration

Provided public jobs and emergency aid Aid to Dependent Children (or AFDC)

supplemented state money to poor, single mothers unable to work


POLICIES AND PROGRAMS FOR THE POLICIES AND PROGRAMS FOR THE POORPOOR

LBJ’s Great Society expanded federal welfare programs

Food stamps; Legal Aid, medical clinics, and Head Start preschool education

Medicare: health insurance for elderly Medicaid: provides limited health care

services to the poor Copyright © 2012 Cengage Learning

THE SOCIAL SECURITY SYSTEMTHE SOCIAL SECURITY SYSTEM

“Third rail” of American politics Any politician who touches it is sure to

get shocked into submission Politicians recognize the need for large-

scale reform of the system, But public opinion and interest groups

that favor the system are just as stubborn


THE SOCIAL SECURITY SYSTEMTHE SOCIAL SECURITY SYSTEM

Through tax incentives, the federal government encourages people to put aside extra savings for retirement

Individual Retirement Accounts (IRAs)

Roth IRAs 401(k) plans Keogh plans


HEALTH CARE POLICYHEALTH CARE POLICY

Patient Protection and Affordable Care Act of 2010 (PPACA): Penalizes some citizens who don’t obtain health care insurance

No public-sponsored health care plans, except “health insurance exchanges” —

Private health insurance organized in more cost-efficient ways


HEALTH CARE POLICYHEALTH CARE POLICY

PPACA expanded Medicaid eligibility – In 2014, persons with income levels up

to 133% of the poverty line will qualify Also dictates the rules to be followed by

health maintenance organizations (HMOs) —prepaid group practice arrangements that attempt to limit costs through flat monthly rates


AMERICAN GOVERNMENT. . . IN AMERICAN GOVERNMENT. . . IN GLOBAL PERSPECTIVEGLOBAL PERSPECTIVE

THE GRASS ONLY LOOKS GREENER FOR CANADIAN HEALTH CARE

In her 2004 book, Miracle Cure: How to Solve America’s Health-Care Crisis and Why Canada Isn’t the Answer

Sally C. Pipes provides a critical perspective on Canadian heath care



Noted Canada’s system is beset with rationing, delays, and long waits –

Numerous hurdles prevent many new drugs from reaching consumers quickly, if at all

“The myth of the U.S. health care system is that it is a free-wheeling, cold-hearted, for-profit system …” -



“...For-profit insurance companies, medical supply corporations, hospitals and physician practices are notable actors ...”

“It is for that reason that the United States has the most dispersed and dynamic health care system in the world”


CHECK THE LISTCHECK THE LIST

THE TEN COUNTRIES THAT SPEND THE MOST PER CAPITA ON PUBLIC HEALTH CARE

1. United States $6,714 per capita*2. Switzerland $4,3113. Luxemborg $4,3034. Norway $4,2505. Canada $3,678


CHECK THE LISTCHECK THE LIST

6. Austria $3,606

7. France $3,449

8. Netherlands $3,391

9. Germany $3,371

10. Denmark $3,349


OTHER POLICY AREASOTHER POLICY AREAS

Environmental Policy Contemporary environmental policy was

crafted piecemeal during the 1960s and early 70s

Biggest governmental commitment to the environmental movement—creation of the Environmental Protection Agency (EPA) in 1970


ENVIRONMENTAL POLICYENVIRONMENTAL POLICY

In recent decades, the EPA has been much more active in tightening pollution standards and regulating environmental risks,

But EPA was allotted merely $7.6 billion in fiscal year 2008, considerably less than competing programs such as transportation ($67 billion)


AMERICAN GOVERNMENT. . . IN AMERICAN GOVERNMENT. . . IN POPULAR PERSPECTIVEPOPULAR PERSPECTIVE

And the Oscar Goes to … the Former Vice President?

Gore’s 2006 documentary film, An Inconvenient Truth on global warming

Won the 2007 Academy Award for Best Documentary film, raised international awareness, and reenergized the environmental movement



Why do you think the medium of film proved so effective at depicting the climate change crisis?

How important was it to have a former vice president as the movie’s central figure? Do you think the film would have been produced without Gore’s participation? Why or why not?



When Gore testified before Congress, the reviews were mixed, with some Republican members expressly critical of his position

Would another spokesman have been more effective at helping to steer potential bills through Congress? Why or why not?


THE THORNY POLITICS OF DRILLING THE THORNY POLITICS OF DRILLING FOR OIL IN ALASKAFOR OIL IN ALASKA

U.S. demand for petroleum exceeded domestic production by the early 1970s

By the 1990s, 50% of total U.S. consumption came from foreign imports

G.W. Bush proposed renewing drilling in Alaska’s Arctic National Wildlife Refuge, but it was rejected by the Senate



LAWRENCE BENDER PRODS./THE KOBAL COLLECTION/ERIC LEE

EDUCATION POLICYEDUCATION POLICY

Education has traditionally been a state and local responsibility

The federal government’s increasing economic role has led to some sacrifice in local and state autonomy

Federal spending on local education is often accompanied by conditions that state administrators must follow


EDUCATION POLICYEDUCATION POLICY

2002: the No Child Left Behind Act requires mandatory testing of students to meet basic competencies

Schools with a high percentage of low-income or underprivileged children can be labeled as “failures”

Federal courts have also been especially active in educational matters


ENERGY POLICYENERGY POLICY

Americans constitute 5% of the world’s population, but in most years consume over a quarter of the world’s energy

But the U.S. continues to lack a comprehensive long-term energy policy

Legislation reducing long term supply disruptions and price volatility has run into continuous political obstacles


IMMIGRATION POLICYIMMIGRATION POLICY

Diversity has contributed to America’s strength, but assimilating so many hasn’t been free of controversy

Since the 1990s, the number of illegal immigrants has outpaced legal immigrants

Causing many to wonder whether federal immigration policies are broken


IMMIGRATION POLICYIMMIGRATION POLICY

The Department of Homeland Security administers all federal immigration services, including permanent residence, naturalization, asylum, and enforcement

Proposals in Congress allowing millions of illegal immigrants to participate in a guest-worker program and/or attain citizenship have so far failed


NOW & THEN: MAKING THE NOW & THEN: MAKING THE CONNECTIONCONNECTION

U.S. social welfare policy has been a source of continued frustration for many

The U.S. system tends to foster a “pull yourself up by your bootstraps” culture and

Has emphasized reliance on churches and other nonprofit organizations


NOW & THEN: MAKING THE NOW & THEN: MAKING THE CONNECTIONCONNECTION

Since the 1930s and the 1960s, the government’s social welfare functions have increased substantially

Controversy surrounding governmental welfare schemes invites resistance, and

Presidents must scale back dreams to ensure some form of victory


POLITICS INTERACTIVE!POLITICS INTERACTIVE!

SOCIAL SECURITY: THE THIRD RAIL OF AMERICAN POLITICS

Most economists agree that the financial security of the system will soon be threatened

Payments to recipients will outpace contributions to the system within the next decade


POLITICS INTERACTIVE!POLITICS INTERACTIVE! Though a number of proposals have been

offered to fix this impending problem, none so far have been adopted

www.cengage.com/dautrich/americangovernment/2e find the Politics Interactive link on the politics of Social Security

Consult also the links on the historical, popular, and global perspectives



AP PHOTO/MANUEL BALCE CENETA

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