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SDSU Consensus and Conflict Models of Law and Crime Discussion

 

1) Compare and contrast the consensus and conflict models of law and crime. Which model most closely fits with the ideological underpinnings of the U.S. justice system, and why?

***Use the GCU Library for sources (https://library.gcu.edu/ )

The DQ response must be at least 250 words and should have at least one reference in APA format

2) Write a 100-word response to each student in first person as if you were writing it to the students. Talk about how you agree with their ideas and add your own thoughts. Make sure it’s respectful.

Student 1) The consensus module and the conflict module had two different views of what the law is, what crime is, how crime is enforced and who is enforcing it. One of the foundational differences in the consensus and conflict models is whether the values of society, which are reflected in criminal law, are consistent throughout different elements of society. Consensus theorists believe that many values are widespread even in diverse societies. Proponents of the conflict model disagree, and assert that values vary significantly among different elements or classes of society, and, therefore, a criminal justice system cannot reflect the complete values of a whole society (Cox, 2018). The consensus model assumes that members of the society by and large agree on what is right and wrong and that wall is the codification of these agreed-upon social values, so he wrong doers should be punished. Society basically view crimes as wrong. It’s designated to create laws for the greater good and conflict model believes that there needs to be a higher power or a higher group which has all authority over the law and the law makers. In the consensus modules point of view, violating the war is like a threat to society. Now in the conflict module there are three functions of law, the first one is dispute resolution, social control and social change. Conflict model the ruling class also has control over the law-enforcement whereas the consensus model there is a rule which determines the sentence of individual that goes beyond normal behavior. Conflict model dispute resolution which means they resolve the issue, the law is designed to resolve the issue social control that society lives by. Conflict can be either destructive or constructive, depending on whether it leads to a breakdown of the social structure or to positive change in the social order (Alder 2017). People who work for the government as well as society believe the that laws are created for the general good. Both model represent power and controller society, but the model that really fits the ideology underpinning as a US justice system would be consensus model, which represents how they make decisions and how the government is ran.

References:

Adler, F. (2017). Criminology (9th ed.). McGraw-Hill Higher Education.

Cox, Edward. (2021, July 17). What Is the Difference Between a Consensus Model & Conflict Model of Criminal Justice?. legalbeagle.com. Retrieved from https://legalbeagle.com/7834898-difference-conflic…

Student 2) The consensus and conflict models of law and crime are quite different. Under the consensus model, it is assumed that society agrees on what is considered to be right and wrong, in which these values are an accommodation of society’s interests and become law (Adler et al., 2018). According to Adler et al. (2018), when acts are deemed threatening, they are considered to be crimes. This model basically sees society as creating laws for the greater good and is more of a rule book to live by. The conflict model of law and crime has a very different outlook. Using the conflict model, the criminal justice system is used as a way to control the lower classes of society (Adler et al., 2018). Those who are in dominant groups within this model are also able to have control and power over law enforcement and the making of laws. Although both historical models are very different, they both are similar in the fact that they have control over how society functions according to the law. One simply does so by having majority rule while the other has power based on the status of one’s class. The model that fits more closely with the ideological underpinnings of the U.S. justice system would be the consensus model. Looking at the justice system, there are many ways in which majority rules and the basic good of society is considered. For instance, court cases. Those who are considered to have committed an act that has been considered threatening to society must face a judge and often a jury. The jury must decide on this person’s innocence and majority will rule in one way or another.

Savannah

References:

Adler, F., Laufer, W., & Mueller, G. O. (2018). Criminology (9th ed.). New York, NY: McGraw-Hill Education ISBN-13:9780078140969