Free

Criminal Justice - Assignment Example

Comments (0) Cite this document
Summary
The consensus perspective posits the structural functions of society as an ideal construction of community values and general collaboration. The conflict view of law is…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.3% of users find it useful
Criminal Justice
Read TextPreview

Extract of sample "Criminal Justice"

Consensus vs. Conflict The consensus and conflict paradigms posit the function of society in entirely different dimensions. The consensus perspectiveposits the structural functions of society as an ideal construction of community values and general collaboration. The conflict view of law is understand the legal system as a highly contentious means of majority influences to enact their power in the exploitation and oppression of less powerful individuals. Even as both theories seem to represent not just different spectrums of understanding, but completely different dimensions, theorists have noted that their seemingly conflicted nature can be harmonized. This essay argues that while both conflict and consensus are existent in the United States, the country tends towards the conflict perspective.
While both formulations of these perspectives are problematic, the consensus perspective has seemingly overly optimistic slant. In essence, it’s arguing that the law functions outside of undue influence, in a completely equitable means of agreed upon functions. It seems this view completely ignores things, such as the overwhelming privileged inherent in attending law school, or that becoming a judge requires significant political acumen. While it acknowledges that there are diverse and competing interests within a cultural framework, it assumes that the social structure exists outside of them, created through some metaphysical objectivity; this is logically inconsistent, as it fails to take into account that the very people who constructed the legal system were influenced by these same pernicious motivations. Even so, most citizens and scholars recognize some truth to the consensus model. While the Supreme Court structure in American society is understood to be highly reliant on the personal backgrounds of the individual justices, society has objectively accounted for this and openly negotiates how personal bias will be used towards equitable means. While this may be a highly reductionist take on the process of law, as a conflict argument would be that even the democratic voting process is indicative of oppressive power structures, in these instances there is at least the social movement towards equitable democratic consensus.
Conversely, the conflict paradigm aligns the social structure as a means for powerful entities to continue their social domination, and it is this perspective that is most predominant in the United States. Whereas the consensus perspective seems somewhat idealized, the conflict perspective is in contains a healthy amount of realism. One need only recognize the overwhelming influence of lobbyists when discussing this theory, and indeed recent concerns with campaign finance reform indicate that there is a substantial truth at the core of the conflict paradigm. While a thorough understanding of the validity of this perspective requires in-depth analysis of concepts of justice, even a cursory analysis of major social occurrences stands as a testament to its validity. For instance, the original O.J. Simpson trial was seen by many to have been greatly influenced by the defendant’s fame and wealth.
In conclusion, while the United States seems to be most aligned with the conflict perspective, it’s important to remember that these paradigms often interact in harmonizing ways. Just as the legal system was vulnerable to the wealth and fame of Simpson, it was also malleable enough to convict him of a lesser charge a number of years later. This indicates that the formal structure of society functions in great parts through organic means of social consensus and responsibility. While settling on a single perspective indicates a tremendously naïve understanding of the social structure, only when one realizes the confluence and interdependence of the perspectives due they gain true insight into the nature of America. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Criminal Justice Assignment Example | Topics and Well Written Essays - 500 words”, n.d.)
Criminal Justice Assignment Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/miscellaneous/1562264-criminal-justice
(Criminal Justice Assignment Example | Topics and Well Written Essays - 500 Words)
Criminal Justice Assignment Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/miscellaneous/1562264-criminal-justice.
“Criminal Justice Assignment Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/miscellaneous/1562264-criminal-justice.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Criminal Justice

Criminal Justice

...? The Criminal Justice Outline Paragraph The Virtual Tour to Florida Prisons Paragraph 2: Main Detention Center Facility Paragraph 3: Population in Main Detention Center Paragraph 4: Community Services Division of Palm Beach County Sheriff’s Office Paragraph 5: Divisions inside the Community Services Division Paragraph 6: FAQs Paragraph 7: Justice in Modern Technology I have never been to prisons but the website of Florida Department of Corrections has enabled me to take my virtual tour to the prisons of Florida. My only sight of prisons is those I have glimpsed in movies. This virtual experience has made me feel like I am really visiting the prisons but excluding the prisoners for I have...
5 Pages(1250 words)Essay

Criminal Justice

...? Criminal Justice Insert Criminal Justice REGULATIONS ON SEX OFFENDERS REGISTRATION In the current environment criminal justice policy issues have been common in the highlights. These issues are mainly centered around violent and sex crimes. In the past two decades there were several policy initiatives embarked on which focused on the sex offenders. In spite of the passage of the Jacob Wetterling Crimes against Children and Sexually Violent Offender Registration Act of 1994 there has been an increase in stricken laws regulating registration requirements, sex offenders’ activities, residences and abilities to interact with both the family...
5 Pages(1250 words)Essay

Criminal justice

...? The various crime statistics tell us that there are many factors to be considered in the assertion of the status of criminal justice in the United States. These statistics divide and even further subdivide crimes into different categories. They vary according to the nature of the crime and on whose perspective the survey is based on. The three most common crime reporting measuring systems are; 1. Official reports of law enforcement departments, 2. Surveys that ask people about offenses they have committed and 3. Surveys that ask people about victimizing experiences (Burgess, Regehr, & Roberts, 2010). There is also a newer classification which is the National Incident-Based Reporting System or NIBRS...
2 Pages(500 words)Essay

Criminal justice

...history of the technology purpose of this technology description of how this technology is implemented explanation of how the technology could change Pages = 2 Sources = 5 Style = APA Running Head: Geographic Information System Geographic Information System [Name of Writer] [Name of Institution] Geographic Information System History of GIS Geographic Information System technology can be employed in crime investigation department. The application of GIS will increase and enhance criminal analysis capacities and law enforcement operation. Law enforcement agencies have been using GIS since early 1970s (Albert & Leipnik, 2003). In 1970s, technological advancements in the field of computers made computerized pin mapping...
2 Pages(500 words)Essay

Criminal Justice

...The Exclusionary Rule In the 1961 landmark case of Mapp v. Ohio (367 U.S. 64), the U.S. Supreme Court held that illegally obtained evidences may notbe used to prosecute an accused in accordance with the protection under “unreasonable searches and seizures.” This decision was applied in the consequent cases which garnered many critics. Edwin Meese III who was the 75th U.S. Attorney General in early 1980’s commented on this principle in constitutional law (“Edwin Meese III”). He stated that “what the rule does is to endanger innocent victims while letting criminals escape” which has an “immense social costs” (qtd. in “Friend or Foe”). Despite the continuous adoption of this legal rule, I do agree with the contention of Edwin Meese... . “The...
1 Pages(250 words)Assignment

Criminal justice

..., education or work reasons, those that entered U.S on unauthorized basis and also those who possessed U.S. citizenship. Data from the Department of justice and the department of Finance indicate that during the period of new immigration, crime had shown a steady and large decline in the State of California. From the year 1991 to 2008 it was approximated by the Department of Finance that that three million six hundred and sixty seven thousand eight hundred and eighty six persons who were foreign-born that migrated to California. While it is hard to come up with the exact proportions of the immigrants with no authorization, the Pew Hispanic center approximates that on third of the increase in foreign-born in California was...
6 Pages(1500 words)Thesis

Criminal Justice

...Criminal Justice Number Introduction It is a fact that many times, inmates may decline and vehementlyresist treatment. This is a complex matter since this development disturbs the ethical balance between individual rights of an inmate on the one hand, and public order on the other. This is because an inmate does not forfeit his individual rights upon conviction and incarceration. Although an individual inmate has the right to turn down treatment, yet his turning down of treatment is likely to disrupt public order. 1) How Resisting Treatment by Inmates Highlights Issues of Individual Rights and Public Order According to Shaw and Morgan (2011), resisting treatment by inmates highlights issues of...
2 Pages(500 words)Essay

Criminal Justice

...Criminal Justice Criminal Justice Introduction In the criminal justice system, law enforcement ities are entrusted with the process of protecting citizens and keeping neighborhoods safe at all times. This means that they have the responsibility of arresting all suspects, and exposing them to trials. The first step when an individual is suspected of illegal activities is to report it to the police authorities. It is quite common for members of the public to go to police with claims about suspicious individuals. The next step has to do with the police formally apprehending the suspect after questioning him or her. The process of arresting,...
4 Pages(1000 words)Essay

Criminal Justice

...Insert When criminal justice is brought into consideration, it can be viewed in two ways. Some individuals think that individual rights are limited in some situations. These people can be said to be individual rights advocates. Others think that for the society’s sake, the rights of individuals can be overlooked. These are termed as public order advocates. The two groups conflict with each other since even if every individual has rights, at times their rights are overruled when considering the public rights. There are individuals who like the idea of public safety even though some of their rights are overlooked. Nevertheless there are those who feel violated once their rights are ignored, including in...
3 Pages(750 words)Essay

Criminal justice

...Criminal Justice Affiliation Prison Subcultures Prisons are seen as total social s that where inmates develop they own code of contact and cultures for survival. Prison subcultures form small operational societies. They modify customs, beliefs, attitudes, lifestyles and values of inmates (Schmalleger, 2008). Usually prisoners form groups then choose one leader for each group. They stay united, helping each other on welfare matters. Security, food, and living conditions are the main concerns of these subgroups. Not all groups are the same; they vary according to rules and way of association. The most important factor is what the group members share; people with the same interests; behavior and personality...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic Criminal Justice for FREE!

Contact Us