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. History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure (Luna, 1999). Historically regardless of when these types of approaches were explicitly defined and named, they still existed in the different types of approaches used in the justice system by each entity. Criminal Justice Models The Consensus Model The consensus model is based on the thought that people, as a society, will reach an agreed consensus in regard to appropriate criminal approach. “Those individuals whose actions deviate from the established norms and values are considered to pose a threat to the well-being of society as a whole and must be sanctioned (punished)” (p. 5). In regard to the consensus reached by the majority, the realism approach of what is illegal and who should be punished; the assumption is that those who live in a consistent society can decide moral values and norms of behavior. [sic] “The society passes laws to control a... ... middle of paper ... ...s related to their goals is inherently clear as over time the system has done nothing but show improvement. The system is based upon trial and error and much goes into the evaluation of methodology that is used to further improve it. These models are also tracked through community surveys and crime statistics information in every element of the criminal justice system, and have proven effective. Works Cited Luna, Erik, The Models of Criminal Procedure, (1999) http://wings.buffalo.edu/law/bclc/bclrarticles/2(2)/luna.pdf Perron, Brandon, The Criminal Defense Investigative Training Council. The Crime Control And Due Process Models. (2001). http://www.defenseinvestigator.com/article10.html West Valley Education, Criminal Justice Today, (Chpt. 1, pg’s 5, 6, 18). (Updated 2009).http://instruct.westvalley.edu/smith/aj1handouts/gaines_chapter1.pdf
Both conflict and consensus theories of the derivation of criminal law argue that homicide law has been produced by the dynamics of the theory; yet, neither school has produced sufficient empirical support for its claims, so further research is required to substantiate these theories in relation to homicide.
The consensus view of the derivation of homicide law argues that there is general agreement in society that the unjustified killing of another human being is reprehensible and should be punishable under the law. Consensus theorists, however, have not conducted research to establish that such a consensus exists regarding what is justified and unjustified killing in particular circumstances; for example, is there a consensus on whether or not abortion or the removal of the life support system from a terminally-ill suffering or permanently unconscious person constitute homicide. Conflict theorists, on the other hand, argue that middle and upper-class power groups have criminalized killings generally committed by the underclass street criminal while successfuly combatting legislation that would criminalize deaths from faulty products, hazardous workplaces, and polluted environments. The conflict theory tends to ignore that there are laws against killings derived from corporate negligence. Conflict theorists would do well to determine whether such laws are effective and if not, why not. Further, model laws in such complex areas should be proposed by conflict theorists. Neither the conflict or consensus theorists have done the kind of thoroughgoing research required to give an empirical base to a theory. Research into public attitudes regarding culpability in various hypothesized circumstances creating a death should be pursued. Suggested hypothesized death circumstances are appended, and 23 references are listed.
The conflict and consensus models reflect two opposite systems in criminal justice. In the conflict model, which works to protect individual rights, “justice is more of a product of conflicts among agencies where the component parts function primarily to serve their own interests”(Cronkhite, 2013, p. 202). Laws in this model reflect the beliefs of the interest groups with the most power and are “used primarily to control the behavior of the defective, dependent, and delinquent, the dangerous classes” (Hagan, 2009, p. 11). Many in this country see this is how the criminal justice systems are today. The consensus model is just the opposite and involves all the agencies working together to move cases and defendants through the The consensus theory of criminal law contents that society finds its own way and it is product of social needs and values, it also serves the interest of society at large. Rules are for the community to control themselves and to put order. If a crime is committed it is punished by what the society considers appropriate. The significance of that crime has to be evaluated by the same society as well as the punishment itself. The notion of acceptable behavior needs to be set and established by society itself. If an individual crosses that acceptable line, then punishment is in order. This is a way for society to limit and control crime. Laws are deemed to normalize and make society function in an…show more content… The author also refers about nobody expressing concern about “sodomy” sexual practices between a male and a female or even worst, inside marriage. 2 The goals of criminal justice are Deterrence, Incapacitation, Rehabilitation and Retribution. Incongruence and incompatibility arises among those goals. Deterrence is the how society punishes potential offenders so in order to keep them at bay. The sole fear and shame of being punished by wrongdoing something prevents bad individuals or sometimes even good ones to commit or plans to commit a serious crime. Knowing that if someone commits murder the punishment could be the death sentence is a determent enough to avoid it. Similar reaction can be viewed for crimes such as robbery or some other violent and non violent acts. Many laws were written for the sole purpose of inflict deterrence.Incapacitation is a mean of eliminating the treat and future crime acts; this can be done for example through imprisonment. If society can pinpoint an individual as a possible society nuisance he or she can be incapacitated by jail and thus this individual will never commit a crime. Putting individuals to jail is not the only way to incapacitate potential threats. In antique societies incapacitation by amputation was also a common practices. Hand
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The conflict and consensus models are two parallel models that work toward furthering the protection of society. The conflict model focuses on preserving the rights of the people while the consensus model focuses on public safety (Cronkhite, 2013). When considering how these two apply to viewing criminal justice as a system it is quite simple. The conflict model creates an urgency to protect the people from harm yet also to preserve individual rights that are guaranteed by the Constitution. If the conflict model is to be applied to criminal justice, then it is important to recognize that laws and policy can be implemented by the criminal justice system to combat crime, while also ensuring that the people do not lose their rights. On the other …show more content… Police officers, for example, make arrests and ensure that criminals are caught and brought to trial. On the other hand, correctional officers ensure that the sentences are imposed and that the offenders are held in their incarceration. When considering the consensus and conflict models, for example, equal protection under the law is something that comes to mind. Most of the members of lower-income sections of society are ignorant to all of their rights that they are afforded by law. This is not the fault of the government or criminal justice agencies because those that live in lower-income sections of society are never fully educated by their parents or peers. On the other hand, it would be wise for the criminal justice agencies, or even some representative of the government, to properly educate the people that live in these neighborhoods on their rights afforded to them by law. Yet, society has become divided by a class system that is almost reminiscent of the days of the Roman Empire. The government and the criminal justice system now refer to …show more content…In recent years, there has been a large rise of the presence of gangs in communities, both lower-income and higher-income, which has decreased the overall feeling of safety in communities. Such rises in gang-related crime have caused a more aggressive approach by law enforcement agencies to combat these gang activities, which have even included justifying stereotyping and racial profiling due to the labels of gangs being primarily associated with non-white communities (Duran, 2015). The implications that this has carried for the criminal justice system have been severe in that many members of society are beginning to make themselves more aware of police practices as well as Constitutional law. This sudden interest in such practices has developed due to an increasing need to protect the rights of the people because the government has been accused of failing to do so. Again, applying the consensus and conflict models of criminal justice and how they apply to anti-gang activity, there is a fine line that must be defined. The consensus aspect is that public safety must be a priority and therefore, the justification for the discriminatory practices of law enforcement gang task forces is justified because they are serving to protect the public. On the other hand, the conflict model becomes relevant in that a law enforcement agency must still protect the rights of the people, |
Why is the consensus model important in criminal justice?
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