Weber's Rationalization Model

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Adrianna Leys October 3, 2017 Legal Studies 206 Reaction Paper #1 Idealistically, the criminal justice system is enacted to maintain social control, protect the rights of individuals, and sanction violators of crimes. In practice, however, the criminal justice system often falls short of these intended goals and occasionally, unfair practices on individuals occur. The case, State of Alabama v. Kharon Torchec Davis’ case is a good example of how the current U.S. criminal justice system follows Weber’s Rationalization in some regards and how other portions of it remain substantive in practice. Weber’s Rationalization Model helps explain how Davis is a subject of hierarchical authority and strict conduct laws, however, fails to explain why …show more content…

Prior to this method of formal rationality, sentencing was decided based on individual circumstances and lacked consistency, as in the case of the Salem Witch Trials. Redefining this process to make it formally rational was an attempt to avoid the sentencing disparities that occurred when judges based sentencing on individual circumstances and situational contexts. Even with this formally rational system, however, disparities still often exist in sentencing as seen in Davis’ case. Kovaleski’s article discusses how even in 2017, there are still disparities in terms of sentencing guidelines as in Kharon Davis’ case. Weber’s Rationalization model helps explain how law reflects forms of authority and domination; however, his theories of formal rationality to reduce disparities in sentencing, fail to explain why Kharon Davis is still awaiting trial after ten years. In practice the rationalization model is effective, however, there are many instances in which substantive rational law is used instead of formal rational law in …show more content…

Formal rational law is needed to maintain legal authority and justice, when more substantive laws replace that process, more disparities occur. For Mr. Davis, he has not been guaranteed the right to a speedy trial and has already served half of the minimum sentence for murder even though he has not been found guilty. Mr. Davis’ trial process has not followed a formal rational model and neither has his treatment while in jail. Ms. Davis argues that her son has not been properly receiving his prescribed medication for depression and anxiety while in custody and that he has been

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