Conflict And Consensus Models Of Criminal Justice

The conflict and consensus models of criminal justice have distinct origins. The consensus model is rooted in John Locke's "Social Contract Theory," in which members of society willingly give control to governing entities. The conflict model, however, comes from Marxist ideology that focuses on class divisions, disparity and struggles for power (Cox, 2017).

Due Process, in regards to the conflict model, is defined by Merriam Webster as: a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process. And a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not

contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process (Webster, 2017).

Modern day criminal justice administration leans more toward consensus model of management.

Societies idea of punishment for crimes committed takes the socially depraved out of the general population and places them into a contained environment that has an out of sight, out of mind mentality. Social media plays an unforgiving role in this process. With more video and witnesses available, the strain on the criminal justice system is at an all-time high. Administrators must determine the best way to handle internal conflicts, balance them with societies idea of equal justice, and the actual laws on the books. The black and white regulations create loopholes that frustrate the system. In the conflict model, the special privileges of the classes that have a higher socioeconomic advantage become the norm, instead of the exception. Consensus warrants equal treatment for every class of citizen and for the punishment to fit the crime. Conflict model enforces harsher guidelines on charging and/or sentencing on minorities, lower socioeconomic levels, and individuals that are considered lower beings. The basic human rights of every person born in the United States of America have no bearing on the criminal justice system or procedures. There is no accountability when authority figures use antiquated ideals to administer

justice.

The view of criminal justice systems are in stark contrast when considering the models of consensus and conflict. Prior to the 1970's, society believed that African American, Asian, American Indians, and other minority races were inferior and were not automatically granted full human rights. Society has evolved and the way the criminal justice system deals with members has been forced to slowly catch up and adjust the way it deals with members that do not adhere to what is considered to be normal behavior. For society to function smoothly, every race must be treated equally, fairly, and with the highest dignity. The idea that the rich get away with murder has become an old way of thinking and persecution by race alone has become less apparent. Justice has become about the truth, the evidence, and protecting an individual's basic human rights before all other reasoning.

References

Cox, E. (2017, June 5). What Is the Difference Between a Consensus Model & Conflict Model of Criminal Justice? Retrieved October 28, 2017, from     https://legalbeagle.com/7834898-difference-conflict-model-criminal-justice.html.

Webster, M. (2017). Due Process. Retrieved October 27, 2017, from https://www.merriam-webster.com/dictionary/due%20process.