The Consensus Theory of Criminal Law Essay

Prisons where essentially build to accommodate a number of prisoners but over the years it has reach over capacity. Today in the United States there are approximately 193,468 federal inmates that consisting of the Bureau of Prisons Custody, private managed facilities and other facilities. The inmates ages range from 18- 65 with the median age being in their late 30’s. This number is counting both male and female population with male being 93.3% of inmates and females being 6.7%. The number of inmates has steadily increase since 1980 with only having approximately less than 50,000 but today the number has gone more up. Drug offenses are the highest number for inmate’s imprisonment, the next highest offense would be weapons, explosives and arson; immigration and miscellaneous fall next in lines. The number for the other offenses such as robbery, extortion, fraud, bribery, burglary, larceny, property offenses and other offenses are lower. Overcrowding prison has become problematic as the prison population continue to increase leading to proper care and attention for prisoners.

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 criminal justice system is a used to protect our society from those who try to harm it. Departments such as courts, and police officers study the behavior of criminals; they want our communities to be safe. When a crime is committed these departments work together to protect the rights of our society and our own. As stated in the textbook, a crime is the “Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse” (Schmalleger). Our system is a balanced system, there are times where have to think about our own rights as one person, but there are also times where we have to include other people. We must think of our society and

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.

Overall, in the process of understanding the relation between social order and the law, the consensus provides a clearer and more radical view. It shows society as what it really is. It presents society as a united force respecting and following the norms as to

The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.

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

There are more people incarcerated in the United States of America than any other country in the world willing to count their inmates (Bureau of Justice Statistics, 2016). How can this be? Foremost, the criminal justice system in the United States of America (which is made up of the police, the courts, and the corrections) is not working toward reducing mass incarceration the way it should be. The criminal justice system is set up strategically to accomplish two goals: to bring in money and to gain power. The byproducts of achieving these two goals are mass incarceration, ethnic and racial profiling, and minimal justice. The system needs to change its goals to: reducing crime and doing justice. The police, the courts, and the correctional system all feed off of one another and affect each other. Therefore, if real change is going to be made, it needs to happen in all three branches of the criminal justice system. A system that seems to be working well is in Norway. Norway’s criminal justice system does not look like America’s system. The criminal justice system in Norway has different philosophies concerning crime, justice, and the corrections. "We don 't look at our inmates as criminals, but rather as regular people who have committed a crime." (Skulberg, 2010, p. 73) This is a quote from a Norwegian prison guard giving an example of the ideology in Norway. In order for the United States to reduce crime and to have true justice, first, the policing model needs to change

“13th” is a documentary directed by Ava DuVernay. It is named after the 13th Amendment to the American Constitution which outlawed slavery unless you are being punished for a crime. The film focuses on racism in the United States’ criminal justice system. According to DuVernay, the part of the 13th Amendment that says “unless you are being punished for a crime” is a loophole that has been used to allow slavery to continue in the early days during reconstruction and even now. This loophole coupled with the criminalization of the black man has led to mass incarceration of minorities. The United States which has only five percent of the world’s population but has twenty-five percent of the world’s prisoners. The prison population of the United States has exploded from 300, 000 in 1972 to 2.3 million now. Each component of the criminal justice system, law enforcement, the courts and corrections, has contributed to the perpetuation of slavery through its contribution to mass incarceration.

With the exception of probation, imprisonment has been the main form of punishment for serious offenders in the United States for over 200 years. Americans can be said to have invented modern incarceration as a means of criminal punishment. Although Europe provided precedents, theoretical justifications, and even architectural plans for imprisoning offenders, Americans developed the blueprints for the typical prisons of today and devised the disciplinary routines, types of sentences, and programs that prison systems of other countries subsequently adopted or modified (Rafter & Stanley 1999).

The consensus explanation for understanding the origin of criminal law assumes it arises from the agreement among its members of society as to what constitutes wrongdoing. Laws, from this perspective, are an institutionalization of the mores that reflect commonly held social values within society; criminal law is considered a mechanism of social control for all. This perspective would probably interpret the police shootings of black people as the result of individuals not following law, and reaping the society agreed upon repercussions of that disobedience. They believe that all law is the result of shared values agreed of society as a whole, and anyone who violates the law, as interpreted by the state, is in opposition to the rest of society.

Introduction: In today's societies, the government and criminal justice systems very much related to ethics because they both establish and carry out definite rights and duties. They also attempt to prevent and/or hold anyone accountable that deviates from these standards. (Wright 2012)

A common theory in criminology and in sociology suggests that class and race are vital roles regional crime rates. Previous research indicates that the distribution of class and race within certain residential areas has a key role in the outcome of certain violent acts. In his study, Income Inequality, Race, and Place: Does the Distribution of Race and Class within Neighborhoods Affect Crime Rates, John R. Hipp states “Specifically, studies have tested how the distribution of economic resources across neighbor-hoods, as measured by income or poverty, affects neighborhood crime rates or the how the distribution of racial/ethnic minority members across neighborhoods, as measured by the percent nonwhite, and so on, affects neighborhood crime rates (Hipp 2007). While one may traditionally assume that minorities neighborhoods yield a more intensive crime rate, this is not necessarily true.

First off, there have been ample amounts of disapproval in relation to the general theory of crime, because many scholars feel that Gottfredson and Hirschi (1990) failed to include the

Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law