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Some quiding questions: First, separate out which crimes have an unconsenting victime and which don't. 1) Are misdemeanors crimes that we should prevent, or are they simply the "costs" or "fees" paid for the "privilege" of committing them? 2) Assume you believe that punishment is the best way to stop the crimes we'll be discussing tonight. What public policies/laws would you implement to prevent them? What theory (or theories) would justify your policies, and how would you test them? 3) Assume that you believe that education/socialization is the best way to stop misemeanors. What would you do, how, and what educational philosopy or theory would you use to justify and test what you do? 4) Assme that you believe that "social defect" theory explains misdemeanors. What's your next step if you could push magic buttons, by what rationale/theory, and how would you test it? 5) How costly are misdemeanors to society (that it, what are the social costs)? 6) How are misdemeanors framed/reported by the media? Is there an ideological underpinning to the reporting (as Fishman suggests)? Are they framed as "infotainment" (humor, fluff) or more seriously? 7) To what extent do misdemeanors reflect social harm and to what extent do they reflect a dominant group or class?
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