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Published byVerity Gallagher Modified over 8 years ago
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Consensus – general agreement on values When conflicts arise, it’s the State’s role to mediate Conflict – general disagreement on values State represents and is most concerned with the interests of the elite Therefore, the elite have the power to define what is appropriate behavior Elite are more concerned with themselves than with others ▪ Elite define what is appropriate behavior to further their self-interests ▪ Those who are not elites are more likely to be defined as criminals
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Cultural conflict – Sellin Conduct norms: How people are supposed to act under certain circumstances Norms become laws In simple, homogenous societies laws reflect social consensus In complex, heterogeneous societies there may be disagreement about laws Group conflict – Vold People form groups with others of like interest Groups continuously try to improve their standing ▪ Achieve a kind of stasis (stable state) known as “social order” Groups may come into conflict when their interests and purposes collide ▪ Groups try to use the C.J. system to promote their standing ▪ When groups are in conflict, member loyalty to their group increases Groups compete for control of the State’s police power ▪ Crime is defined as the behavior of “minority power groups” that don’t have enough influence to defend their interests Explanation does NOT extend to “impulsive, irrational acts” that aren’t related to a battle between power groups
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Civil rights, terrorism, Vietnam and Gulf wars, economic meltdowns, political polarization http://youtu.be/pGeFPzFNkQg
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Variables affecting likelihood of conflict between authorities and subjects Level of organization and sophistication ▪ Conflict more likely when subjects are organized, thus less likely to back down ▪ Conflict more likely when either group is less sophisticated, thus less able to work around the conflict Conditions under which criminalization will occur Offensiveness of prohibited act to the authorities Relative power of enforcers and resisters Likelihood that an action by either party may lead to success http://www.cbsnews.com/video/watch/?id=7388307n &tag=mncol;lst;3 2.5 mis.
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Social “segments” have common values, norms and ideology Business, labor, women, poor people, rich people, old people, etc. Some segments are organized (e.g., AARP), others not (e.g., the homeless) Conduct that goes against the interests of influential segments is defined as criminal Segments vary in their ability to protect their interests Behavior of persons in less influential segments more likely to be labeled “criminal” Segments promote their conceptions of what should be criminal through the media Concepts of crime that are promoted by powerful individuals and groups tend to be accepted Concepts of what should be crime reflect self-interest rather than the public interest
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Is the power of the state, as embodied in the CJ system...... a value-neutral framework where conflict can be resolved?... itself the “prize” in the perpetual conflict that defines society? Lawmaking results from wars between interest groups The higher a group’s economic and political position, the more likely its views will be reflected in the law Legislative and judicial processes allow interest groups to override the public interest Appeals court decisions reflect personal values, normally favor the wealthy Law enforcement depends on the political process for resources – salaries, staffing, equipment, etc. Police maximize their rewards and minimize their strain by going after the politically weak and powerless http://www.cbsnews.com/video/watch/?id=61269 68n&tag=mncol;lst;3 2 mis.
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Stratification – vertical social distance, best measured by income Higher a person is on this ladder the more they can invoke law and exercise its power over others Morphology – horizontal aspect of social life On either extreme – relations between intimates and between those isolated from each other – the law is inactive Law most active in the middle sphere of social distance – between those who have some mutual contact and relations Culture – law is imposed on those with less education More law used when victim is of higher culture or educational level Organization – corporate or organized aspect of life ▪ More law available for use by the better organized Social control – how society responds to deviancy from the norms More law used when non-law forms of social control are weak
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Minority members are more frequently arrested, and for more serious crimes. Is it bias? Police say no: Minority areas have more street crime Minority areas, which have fewer resources to tackle social problems, need and demand more police services Thus there is a greater likelihood of arresting members of minority groups Minority members receive harsher sanctions. Is it bias? Controlling for offense severity and record can reduce/eliminate the disparity in sentencing between minority and non-minority persons Violent crimes happen more frequently in minority areas BUT: Less affluent are less able to mount an effective defense ▪ Wealthier persons can retain better counsel & post bail ▪ Police Issues: Time or Money?Time or Money? http://bcove.me/9c68g46w
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In complex societies people’s values and interests will conflict People act in patterns that they think benefit them and which they think are right or excusable Group values and group power affect: Which acts come to be defined as crimes Extent to which group members will become violators CJ agencies are more likely to listen to the powerful CJ agencies are more likely to process easier cases, thus more likely to sanction the powerless and treat them more harshly Official crime rates for groups and individuals will reflect the above http://www.latimes.com/local/la-me-c1- freed-prison-20131017- dto,0,2232794.htmlstory
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