The Consensus Theory of Criminal Law Essay

The Consensus Theory of Criminal Law Essay

Length: 587 words (1.7 double-spaced pages)

Rating: Good Essays

Open Document

Essay Preview

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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Australian Criminal Justice System Essay

- The major goal of the Australian prison at the beginning of the 20th century was the removal of lawbreakers from their activities in society (King, 2001). The Australian legal system relies on deterrence (Carl et al, 2011, p. 119), that is, a system that has two key assumptions: (i) specific punishments imposed on offenders will ‘deter’ or prevent them from committing further crimes (ii) the fear of punishment will prevent others from committing similar crimes (Carl et al, 2011, p. 119). However it is not always the case that deterrence is successful as people commit crime without concern for punishment, thinking that they will get away with the crime committed (Jacob, 2011)....   [tags: Crime, Criminal law, Criminal justice, Prison]

Good Essays
1360 words (3.9 pages)

Sociological Understanding Of Crime And Criminal Justice Essay

- The sociological understanding of crime and criminal justice is called sociological criminology. This approach to understanding crime focuses on issues such as race, poverty, and the structure of communities and social relationships as a cause. John Hagan defined sociological criminology as structural criminology as it takes all of the previous issues and views their fundamental composition to determine if they have effects on crime. Furthermore, the sociological perspective claims that human beings are very social beings, signifying that society greatly impacts our behavior, attitude and life chances....   [tags: Sociology, Criminology, Crime, Criminal law]

Good Essays
1359 words (3.9 pages)

The Criminal Justice System 's Effect On Crime Essay

- There has been a large body of research to examine the criminal justice system’s effects of imposing longer periods of incarceration on offenders as a method of getting tough on crime. The anticipated outcomes vis-à-vis the actual research results from studies in the United States is mirrored by research from other developed countries, indicating that the psychological ramifications of harsh penalties’ effect on crime is universal. The ideal consensus of the outcomes of these studies would have revealed that harsher penalties would result in an overall lack of offenders, and less recidivism on offenders after release....   [tags: Crime, Criminal justice, Prison, Recidivism]

Good Essays
1695 words (4.8 pages)

Criminal Liability and the Use of Force Essay

- Criminal Liability and the Use of Force In today’s world it is of utmost importance that law enforcement understands how to determine culpability with regards to criminal activity as definitions surrounding what constitutes a particular crime can be confusing. Just as important is the ability to know when to use force, what constitutes use of force, and how that force can and cannot be applied. In determining culpability one must remember that criminal responsibility also has the potential to be used to excuse a person from acts committed that could result in arrest, incarceration, or other legal sanctions (Gardner & Anderson, 2012, p....   [tags: law enforcement, global companies]

Good Essays
1276 words (3.6 pages)

Essay on Criminal Justice System

- There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent. In the United States the criminal justice system is broken down into two models, the Consensus model and the Conflict model. The procedure of achieving justice is comprised on three basic levels: policing, justice, and corrections. The two models of criminal justice system are influenced by a plethora of factors....   [tags: American law, legal analysis, informative]

Good Essays
1109 words (3.2 pages)

Labeling Theory and Its Effectiveness on Youth Crime and Anti-Social Behavior

- Summarise labelling theory and then consider its effectiveness in considering youth crime and anti-social behaviour in contemporary British society Labelling theory is the theory of how applying a label to an individual influences their lifestyle, and how the social reaction to this label influences the individual. " groups create deviance by making rules whose infraction creates deviance, and by applying those roles to particular people and labelling them as outsiders. From this point of view, deviance is not a quality of the act the person commits, but rather a consequence of the application by other of rules and sanctions to an 'offender.' The deviant is one to whom that label h...   [tags: theory, lifestyle, social, deviant]

Good Essays
908 words (2.6 pages)

Relationship Between Law and Morality Essays

- ... It aims to create laws that are predictable, that are able to be easily analysed and understandable by the general society. Morality is what the society regard as right and wrong which is highly subjective, some legal philosophers believe that there is a certain moral standard which human laws must contain. Chapter 2 in The Constitution of the Republic of South Africa, 1996 which is the Bill of Rights contains moral values which the country is based. Section 1 of the Constitution provides that South Africa is an independent sovereign, democratic state which was based on following values:  ‘Human dignity, achievement of equality and advancement of human rights and freedom,  Non racial...   [tags: society, obey, positivism]

Good Essays
1265 words (3.6 pages)

Essay on What Are The Strengths And Weaknesses Of The Criminal Behavior Theories

- In order to identify the strengths and weaknesses of the criminal behavior theories, the word theory needs to be defined. “A theory is an explanation. It tells why or how things are related to each other. A theory of crime explains why or how a certain thing or certain things are related to criminal behavior.” (Bohn and Vogel) Theories of criminal behavior are to have their strengths and weaknesses to their explanations about what they are to mean. A list of criminal behavior theories are; consensus theory, conflict theory, rational choice theory, psychological theories, social theories, learning theories and critical theories....   [tags: Sociology, Criminology, Crime, Learning]

Good Essays
1050 words (3 pages)

Why Is Mental Illness Be An Act Of Criminal Behavior? Essay

- The United States is in the middle of an epidemic in regards to the mass shootings that have occurred in the past few years. The examples that have garnered the most extensive media coverage have followed a similar pattern. Typically the culprits in these acts of terror have been white males in their 20s who have exhibited some form of antisocial behaviors or mental disorders. The major debate that has risen is the question of whether mental illness is the primary cause or whether it should be considered an act of criminal behavior....   [tags: Sociology, Criminology, Crime, Mores]

Good Essays
1182 words (3.4 pages)

The Social Bond Theory Essay

- In 1969, Travis Hirschi developed what is known as Social Bond Theory. Hirschi built on the work of other social control theorists and was able to provide a better picture of what social bond is. In Social Bond Theory there are four basic elements that make up social bonds. They are attachment, involvement, commitment, and belief. It is these four bonds that all humans hold and ultimately determine conformity or deviant behavior(Agnew, 1985). The four bonds are imperative in determining a person’s conformity or deviance to society....   [tags: Sociology]

Good Essays
869 words (2.5 pages)