America Creates Criminal Law Out Of Social Conflict

2299 Words Nov 28th, 2014 10 Pages
I. America creates criminal law out of social conflict.

It is believed by many that America produces criminal regulation out of social conflict, meaning that societies are ruled by the wealthy and dominant and that the division between the dominant and inferior is unequal. The dominant class passes laws intended to assist themselves. These same laws are disadvantageous to the inferior class, also known as the working or lower class class. Both the dominant and inferior class commits acts of deviance, but the system that was created by the dominant for the dominant, explains deviance differently for each class. As a result of the conflict, the criminal judicial system judges and penalizes each group differently.
The legal system has been constructed by the dominant upper class. This statement suggests that there is only one view that is being presented in the judicial and law systems, which come from the wealthy and dominant. In order for the judicial system to be viewed as an equal system there would have to be more ideas from all people in America. This means upper, middle, and lower class. However, the existence of lower and middle class citizens who sit up high in judicial courts ruling and judging is very minimal. The conflict theory suggests that the dominant keep their power in order to ensure that those groups who are inferior to them are being marginalized. For example, the law appears to be equal to all, but does not protect everyone equally. The social reality…
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