The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.
The slippery slope becomes exceptionally slick during times of intense public anxiety and perceived social peril.
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This model consists of public moral decisions on criminal justice rather than the justice systems element involvement.
The Conflict Model
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:
1. Punishable under criminal law, as determined by the majority of a society or, in some cases, a powerful minority.
2. Considered an offense against society as a whole and prosecuted by public officials, not by victims and their relatives or friends.
3. Punishable by statutorily determined sanctions that bring about the loss of personal freedom or life. (p. 6).
There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent.
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
The consensus model of criminal justice suggests that society strives to maintain a harmonious social order, and social institutions cement social bonds that counteract negative criminal tendencies. "The foundation of consensus perspective is the assumption that societies have an inherent tendency to maintain themselves in a state of relative equilibrium through the mutually and supportive interaction of their principal institutions. Consensus theory is a sociological perspective in which social order and stability and social regulation forms the base of emphasis" (Consensus perspective, 2011, Sociology Index). Societies are interdependent, and every element of society performs some essential function. The interdependent nature of all elements of a society creates a consensus of values and determines what should be required of citizens. By nature, societies are seen as tending towards consensus, and finding an equilibrium of common values is seen as beneficial for society (Sociology perspectives: The order and the conflict model, 2009, Minority Studies). Consensus theorists tend to see minority or dissident groups as troubling, given that they can upset the social structure and cause unrest. The goal of the criminal justice system is to enable people to fit into social institutions.
Finally, the consensus perspective takes responsibility for those who violate those values. Many believe that criminal behaviors result from a failure to control oneself, a lack of self-control. The consensus perspective advocates believe that crime exists because there are members of society “who fail to participate in the social consensus” (Agnew, 2011), arguing that these people are “low is self-control and lack the abilities to resist the temptations and provocations for crime” (Agnew, 2011). In other words, those do not have the base norms necessary to fight the temptations of crime. Almost as if they have no conscience and they tend to be those with no strong connections with family, school or any major institutions, therefore cannot quite control themselves. Many argued that “crime is a result of low self-control” (Agnew, 2011).
Contrasting two perspectives that have become popular in not only the United States, but other countries as well. These two central arguments surrounding criminal activity ask whether the crime is the individual’s own act of free will, or if it is the fault of the society which the individual was raised. These views are coined social responsibility perspective and social problems perspective. An analysis of the social responsibility and social problems perspectives reveals the contrasting views of criminologists.
The criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy, 1999)
The criminal justice system implies that we’re judging based on conditions and social stance of whether or not some acts of crimes are excusable or not, such as murder out of self-defense. The criminal justice system focuses on
These two models symbolize a trial to conceptualize two different value bases that contend for precedence in the functioning of the criminal course. This is an aspect that points to there being a number of widespread differences between the two models that shall be explained. A case in point is that while crime control model seeks to offer effectual crime control, the goal of the due process model is to actually offer due justice.
The criminal justice field faces the challenges of getting criminals off the streets, and prosecuting them, while using limited funds and manpower. Citizens expect results, and want to feel safe when they are in their own neighborhood. On the other hand, citizens in our democratic country expect people to be treated fairly, and feel the need to make sure that no innocent people are wrongly sent to jail. It is a balancing act of keeping the community safe on one hand, and on the other, making sure that no one’s rights are violated. It is like being told to do a job, but then having all these rules and obstacles you have to navigate around in order to do your job. The following paper is a study of the differences between due
of that crime has to be evaluated by the same society as well as the
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 criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
I have come to the conclusion after reading this article that the intended audience is anyone involved in the criminal justice system. Police officers, lawyers, judges, probation officers and everyone in between can find use in the article and its comparing and contrasting of the crime control model and due process model.
Rational choice theory and social control theory both show why an individual may commit a criminal act, but they both also draw criticism of their approach. Rational choice theory critics point out that “The first problem with the theory has to do with explaining collective action. That is, if individuals simply base their actions on calculations of personal profit, why would they ever choose to do something that will benefit others more than themselves?” (Crossman, 2015). The theory focuses only on the individual’s mindset and doesn’t take into account any of their social structure. The society an individual grows up in may make them more prone to commit crime. Social control theory, in particular the study conducted by Travis Hirschi, also
Although there is much conflict between the models, both share slight comparisons. The existence of common ground allows minor resolutions between the two models to occur. One universal idea both share is that police and prosecutors cannot ignore violations of the law; each official must enforce the