Criminal Law: Consensus and Conflict Models
Law can be defined as a set of regulations which have been formulated and enacted by a sovereign group of individuals, and they must be observed by all people in that society in their interactions and operations. Laws are meant to ensure there are order and way to restore order when there is violation or conflict. Criminal law refers to a set of rules that guide in the administration of justice when a person has conducted an action that is condemned by society and thus requires punishment or compensation. Civil laws are regulations enacted to address the conflict between individuals. The state prosecutes crime while the civil case is pursued by the complainant individual (Bartleby, 2016).
Consensus means working for and towards a common good. Conflict in law implies a situation where we have opposing ideologies or perspectives. In relation to society, individuals in a similar group are always organized to work for a common goal. Different societies may have different goals and needs, and thus two groups tend to vary leading to a conflict. Equally, differences can arise between individuals in the same group (Bartleby, 2016). Consensus approach focuses on establishing equilibrium in the society which facilitates interactions and inhibits conflicts through defined procedures of punishment and compensation. Consensus ensures all aspects and elements of society are considered and safeguarded through harmonization (Bartleby, 2016). For example, public officers who engage in corruption can be; imprisoned or have their assets confiscated or asked to pay fine depending on the nature of the crime.
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Conflict models are used to address issues of violation of individual or group rights in the public domain (Bartleby, 2016) . Freedom of association may be denied when a person is suffering from a contagious disease. A complaint may be reported, and a case will try to review if a crime was done or there were merits of the action. If rigging occurs in democratic elections; candidates who contested or voters can contest elections results, and the court would make a ruling based on evidence provided in the trial.
Models of criminal law include; due process model and crime control model. Crime-control model focus on systems that are involved in the administration of laws and justice and they include; law enforcers, courts, and correction centers (Sanchez, 2017). Perpetrators are arrested by law enforcers, while court conducts trials and deliver judgment. Correction centers are useful in ensuring those found guilty compensate the offended or serve punishment pronounced by the court through a restorative justice approach.
Due-process models focus on ideologies and principles used in-laws on how activities are to be conducted (Sanchez, 2017). For example, the requirements to contest in any political position are defined by law. If a candidate in democratic election engages in unethical activities, they are prosecuted, arrested, tried, and judgment was given by the court of law. Those found guilty of violating campaigns rules can be banned from contesting in any political position. Members of society contribute to the development of criminal law through; debate, group goals, voting, and brainstorming.
According to my understanding, due process model and crime control model can be consensus or conflict based on the situation. Crime-control is consensus in a situation where justice system monitor and ensure criminals are punished; this contributes to stability in society. Equally, they can be considered a conflict model if it's perceived on the role they play to deliver justice to the complainant. Due process is consensus-based equity in society; all members of society are treated equally (Sanchez, 2017).
b. Models implications
| Sector | crime-control model | Due-process models |
| Social | Safeguard individual and population rights | Deter people from committing a crime, rehabilitate and provide restorative justice to ensure there is harmony in society |
| Political | Legislature pass laws and regulations. | For an act or policy to be adopted, it has to be voted by members of public or representatives. |
| Economic | promotes policies | Define procedures of conducting businesses like paying taxes, importation, quality assurance |
References
Bartleby. (2016). the Developmental Cascade Model: Create Criminal Justice Programming. Retrieved from Bartleby Writing:
https://www.bartleby.com/essay/The-Developmental-Cascade-Model-Create-Criminal-
Sanchez, S. (2017). 1.8. The Crime Control and Due Process Models. Retrieved from Open Oregon Press books: https://openoregon.pressbooks.pub/ccj230/chapter/1-8-due-process-and-crime-
