The Consensus Theory of Criminal Law

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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 orderly manner.

The conflict view of criminal law establishes that laws were made by

the elite and powerful influential individuals, in such a way to serve

themselves. Society rules and behavior need to be put to serve them

and rules for crimes are set to punish the less fortunate and people

of lower class, both economical and societal. The book put an example

about the law against illegal drugs, or to what individuals and the

established law considers illegal. People trespassing those laws are

punished severely. Thousands of illegal drug user in jail are a prime

example. But elite individuals are not punished at all if they get and

use similar but perfectly legal drugs. Drugs that are easily available

through the help of say physician’s friends.

The sodomy law is an example of a conflict point of view of criminal

law. The book illustrates us about a case a patrol policeman caught

two male individuals in a car, one of them without pants a...

... middle of paper ... them follow a correct very well supervised

path might make them reverse their minds and make them good

individuals after all.

Retribution is a punishment of offenders because they committed a

serious crime. It is called retribution because society recognizes the

wrongdoing and punishing the act is a way of also rewarding it. It is

an act of action and reaction, pretty much like training animals.

Conflict arises among the four goals of the criminal justice system.

It is impossible to deter someone and incapacitate him or her at the

same time. It is always difficult to decide which individuals to

rehabilitate and which ones to retributive or punish. Often times

justice serves the more powerful individual and the criminal justice

also errs more times that it might want to recognize. Especially on

parole issues.

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