The conflict model content of criminal law is determined by the groups that hold economic, political, and social power in a community. This goes against diverse society, the dominant groups exercise power by codifying their value systems into criminal laws stating that moral attitudes are not absolute. However, since society had different segments its prone to have different value systems (Schmallager, 2009). In accordance to the conflict model, these different segments which are separated by social class, income, age, and race are engaged in a constant struggle with each other for control of society, since the goal depends on the individual for their own benefit and gain of power, which is more prone to lead to
The Importance of Ethics in Criminal Justice Name Institution According to Peter Singer, ethical living is thinking beyond personal interests. Basically, ethics is the art of making moral judgments on the basis of what is right and wrong (Cyndi, 2009). In this case, ethics provide the base to which people make decisions and choices on moral issues that seem to be uncertain. Therefore, ethics becomes very critical in areas where an individual has to make moral decisions on the conducts of other persons; this is where criminal justice comes in. Criminal justice covers a wide area including the judiciary and law enforcers.
The criminal is barred from certain types of employment, the family may make them unwelcome, the police may give them an undue amount of attention. The modification of self-image comes about because of the stigma the criminal experiences. We have a self-fulfilling prophecy whereby the individual becomes the person so described by the label. The labeling theory has a great effect on adult offenders. If a person does the time for the crime that they committed then they should be able to enter back into society without any problem but with the labeling theory adult offenders are still ostracized by the crime that they had
In this essay we will assess the usefulness of these functionalist theories, and look at how it helps us explain crime. One functionalist who tried to explain crime is Merton and his strain theory, the strain theory argues that people engage in the deviant behaviour when they are unable to achieve socially approved goals by legitimate means. Merton explanation combines 2 elements; structural factors- society’s unequal opportunity structure, cultural factors- strong emphasis to achieve goals and weak emphasis on using legit means. Merton uses the strain theory to explain some patterns of crime in society, he argues a person’s positioning in society affects the way they adapt or respond to the strain to anomie. Merton gives 5 different types of adaption; Conformity- the individual accepts socially acceptable goal and achieves it through legitimate means, Innovation- Individual accepts the role of success and wealth but uses illegitimate means to achieve them, Ritualism- Individual give up on legitimate goals but still follow strictly to the rules, Retreatism- Individuals reject legitimate goals and means of achieving them e.g drug addicts, the final type is Rebellion- Individuals reject existing goals and means but replace them with new one in desire to bring about revolutionary change.
Consider the view that there is a close relationship between law and morality. Examine the debate as to whether the law should reflect moral values, and discuss issues which show the continuing importance of that debate. There has been much debate to whether the law should or should not reflect morals. Laws are in fact rules for society, the term ‘rule’ was defined by Twining & Miers as a general norm of guiding conduct meaning. A rule is something that determines the way in which we behave.
The state never the less has a role to play in upholding the core values & morals of a society. A Liberal approach to the criminal justice system argues that the state is not neutral, but reflects the diverse & competing interests that are evident within the community. The state & it’s institutions will respond to the pressure generated by different groups. The role of the state is to deal with the social problems as they arise, & to ensure the regulation of social competition & conflict.There is a developmental role for the state in providing for the basic welfare & educational opportunities of it’s
This is referred to as “social control” and its intent is to force those living in the communities to act in a way that is in line with the social norms and in accordance to society rules. “Of those various ways that societies and their members try to control behavior, criminal punishment is the most formal, for crime is perhaps the most serious type of behavior over which a society must gain control” (Clear, Cole, Reisig, and Petrosion, 2012, p. 8). This implies that corrections assist our society in determining those behaviors that are considered acceptable. However, as Emil Durkheim suggest, “crime is normal and that punishment performs the important function of spotlighting societal rules and values” (Clear, Cole, Reisig, and Petrosion, 2012, p. 8). I am in agreement of this, because it is obvious that crime will continue to happen, and as a society we must find productive ways of address the issues and dealing with those individuals in violation of established
I think that ‘vengeance vs. reform’ is such an important topic where it can affect the family of the victim and the criminal could have different opinions towards the type of punishment the judge will choose to apply in the case. Victim side will most likely want lots of vengeance or no mercy on the criminal while the criminals side will always think that the punishment they received was too much or that it was unfair. I think that is fundamental for the court and the judge to think for a perfect punishment that will be the most equal and fair for both the victim and the criminal , but not forgetting the type of crime that was
Explain the tension between community interests & individual rights and freedoms within then criminal justice system.? Crime is defined as an act or omission committed against the community at large that is punishable by the state. It is a constantly changing area so it can reflect upon societies changing values. The tension within the criminal justice system explores whether the rights of an individual should be infringed to protect a community so they feel safe. In relation to crime, the idea of tension is an issue due to the conflicting demands between the victim, accused and society.
The fact that some crimes are committed by individuals who are not yet mature enough to vote, drive, or even drink should not be ignored. Punishment for an adult can be unfair when applied to a child in some cases, especially when they don’t understand the consequences of their actions. When it comes to judgment of these crimes it should vary on a case to case basis. It should be taken into account whether the defendant’s crime was malicious, accidental or they could not understand the magnitude of their actions. Juvenile offenders should be tried and punished as adults do to the nature of the crime.