The above discussion question is asking me to discuss the consensus and conflict models as explanations to the origin of criminal law. First it is important to distinguish the difference between the two models. According to the textbook “Criminal Justice Today” the consensus model is defined as a criminal justice perspective that assumes that the system’s components work together harmoniously to achieve the social product we call justice and the conflict model is defined as a criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. According to this theoretical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies. Section a. asks me to discuss the consensus and conflict models as explanations for the origin of criminal law and to provide one example for each model. First the consensus model will be discussed in regards to the origin of criminal law. The consensus model assumes that all components of the system are working in harmony to produce justice. According to Lawrence W. Sherman the consensus model assumes more equality and appears to be a much better fit to the new political culture. He also states that building trust in the system one case at a time. Issues such as the unfair penalties of perceived crimes such as crack cocaine versus powder cocaine arrests are talked about. The author
Click here to unlock this and over one million essaysGet Access
Our society for the most part has a set of written laws by which it operates under. Laws govern our behavior in society and list punishments by which individuals that break them will be prosecuted and sentenced. Our criminal justice system is essential made up of three major intuitions which see a case from the beginning and through the trial and finally to the punishment phase ("How Does the Criminal Justice System Work?," 2014). Our society needs laws and punishment for those who violet the laws otherwise we would live in a world of chaos. In this paper we will examine various aspects of the criminal process from arrest through sentencing and appeal.
Chapter one also discusses the importance of the need to have a system of justice in America. Crime was thought to have been previously been linked with poverty, however, this is not the case. The President's Commission on Law Enforcement and Administration of Justice was a group of 19 people appointed by former president Lyndon B. Johnson in order to study the criminal justice system in America. The Challenge of Crime in a Free Society is a report that summarized objectives that shaped the criminal justice system. The chapter also focusses on the models of criminal justice. The Due Process Model, associated mainly with the Warren Court, is a model that wants citizens to have equal fairness of the law. The Crime Control Model, however, suggests that the most important function is the suppression of crime. Overall, the main purpose of chapter one is to inform readers as to why the criminal justice system was created and the need for a justice system in
The conflict model is named appropriately as it directly conflicts with the consensus model. “Those who reject the consensus model do so on the ground that moral attitudes are not absolute. [sic] “In large democratic societies such as the United States, different segments of society will inevitably have different value systems and shared norms” (p.6). The conflict model basis its stance on social class, income, age, and race. This model cites that those who exist separately within each aforementioned category are fighting for control against the other. The only similarity of the consensus and conflict models is that in the consensus model, those who consider themselves of moral value and the norm in society are also considered so in the conflict model; making the decisions in criminal laws because these attributes make them superior. The above comparison can result in an integrated definition of crime. The basics of crime or criminal action are:
There are two models that describe the criminal process. One model is the Crime Control Model and the other is the Due Process Model. These two models describe an attempt to abstract two separate systems that
Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.
This essay is going to discuss the causes of crime and evaluate the theories of criminalisation using one theory for each of the following themes. The themes are labelling and deviant identity of criminalisation, theory of delinquency and criminalisation, theory of political economy and criminalisation, and finally radical theory of criminalisation. This essay will also show some of the weaknesses of each of the theories used for these themes.
Criminologists have long tried to fight crime and they have developed many theories along the way as tools to help them understand criminals. In the process of doing so, criminologist have realized that in order to really understand why criminals are criminals, they had to first understand the interrelationship between the law and society. A clear and thorough understanding of how they relatively connect with criminal behavior is necessary. Therefore, they then created three analytical perspectives which would help them tie the dots between social order and law, the consensus, the pluralist and the conflict perspectives. Each provides a significantly different view of society as relative to the law. However, while they all aim to the same
The value basis that underpins the crime control model is founded on the suggestion that the despotism of criminal behavior is by a great extent the most essential function to be undertaken by the criminal process. The absolute let down by the law enforcement to curb and control criminal behavior is perceived as the principal raison d'être leading to a crash of public order and a broad ignorance of the legal control measures are likely to grow. Accordingly, the crime control model takes cognizance of the maximization of the number of wrong doers caught, stopped and dealt with by justice.
Society has a need for quality and equal justice along with protection for everyone and the process of how to effectively implement such a thing has been an issue for many years. Focusing on the problems of society incorporates methods of trying to fix it from political measures to law enforcement measures. The combined effort of the two brings out the issue of what method should be used to dominate the problems. Looking at
These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward
Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The
The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.
Social conflict theory is the only one out of the vast number of criminology theories that deals directly with this problem. From out of it’s Marxist roots arose a theory which challenges the way in which today’s society views it’s legal system and the implications it has on it’s working class citizens. The nature and purpose of social conflict theories is to examine the social controls made by the ruling class and imposed on the rest of society.
However, the polarity of the two models is not absolute. Although it would be possible to construct models that exist in an institutional vacuum, it would not serve our purposes to do so. We are postulating, not a criminal process that operates in any kind of society at all, but rather one that operates within the framework of contemporary American society. This leaves plenty of room for polarization, but it does require the observance of some limits. A model of the criminal process that left out of account relatively stable and enduring features of the American legal system would not have much relevance to our central inquiry. For convenience, these elements of stability and continuity can be roughly equated with minimal agreed limits expressed in the Constitution of the United States and, more importantly, with unarticulated assumptions that can be perceived to underlie those limits. Of course, it is true that the Constitution is constantly appealed to by proponents and opponents of many measures that affect the criminal process. And only the naive would deny that there are few conclusive positions that can be reached by appeal to the Constitution. Yet there are assumptions about the criminal process that are widely shared and that may be viewed as common ground for the operation of any model of the criminal process. Our first task is to clarify these assumptions.
The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years. This paper discusses models, crime control and due process, and how each affects the criminal