Models of the criminal law - Essay Example

Models of the Criminal Law The conflict model of the criminal law is when the separate organizations of a criminal justice system work against each other in a competitive fashion to produce justice. The consensus model of criminal law is when the separate organizations work together, cooperatively, to produce justice (Adler et al, 2006). The differences between the two models is that in the former model, nothing can be agreed upon, so each organization does things their way, often clashing with the wants of each other; the latter model is when everyone is capable of getting along and coming together with a solution and a strong definition of what justice is.

The impact that each of these has on criminal justice is that they are what decides on the justice to be served, on how a criminal will be treated within the criminal justice system. These two models are connected to how a criminal is handled, including his prosecution, defense, and sentencing. The concept of justice is defined by both of these models. Issues arise between the different organizations when they cannot come to a conclusion that supports the ideas of all parties involved. The conflict model can be seen between prison officials and police officers.

While the police are more concerned with getting every criminal possible off the street and into a prison, away from the public, the prison officials are concerning themselves with the possible overcrowding of prisons, which could cause them to release criminals back to the streets. Neither party can achieve what they want to without going against the wishes of the other party. In this scenario, it becomes almost a chain reaction of criminals being caught, then released, then possibly caught again if they are convicted of another crime.

The consensus model can be seen in regards to the court system and the police officers (Walker, 2004). The goals of both systems is to catch, try, and punish the criminals. They work together to make sure that they reach their idea of what justice is; they are capable of working together to get the desired results. The consensus model shows that these different parties and organizations are able to cooperate with each other, working around and working towards that one common goal that they share.

The model that best represents the criminal process in this country is the conflict model. The different organizations involved in the criminal justice system are constantly at ends with trying to decide what is right or what is wrong, and what punishment should be given. When something has finally been decided, it is often further argued against, and sometimes the process must be repeated until every party is remotely happy with the final decision. This can be seen in the constant debate in regards to the overcrowding of prisons and the police officers want to keep bringing in the criminals.

The prison officials are worried about the possible release of prisoners, but the police keep bringing prisoners in, threatening overcrowding. There are many other instances where a final result for a crime cannot be easily met because those involved are unable to agree on something together. The model that would be best for the country, though, would be the consensus model. The consensus model is when all of the organizations agree on what is right and what is wrong, and the share that same vision and goal of what will lead them to the greater good.

By using the conflict method, the organizations are only fighting against themselves, making it impossible to reach a decision that everyone can agree with; this makes it difficult to effectively reach justice on a crime case. The entire entity of the criminal justice system needs to begin working together, finding common ground on what they believe in.ReferencesAdler, F., Laufer, W.S., & Mueller, G.O.W. (2006). Criminology. Los Angeles: McGraw-Hill Publishers. Walker, S. (2004). Sense and nonsense about crime and drugs.

Kentucky: Wadsworth Publishers.