Consensus vs. Conflict Criminal Justice Models.

Consensus vs. Conflict

Consensus vs. Conflict Criminal Justice Models

Amara R. Serrano-Kirby

CJA 320: Introduction to Criminal Justice

University of Phoenix

Abstract

In order to understand the criminal justice system, you must first define it to so see if and how it works. The criminal justice system is broken down into two (2) models, the Consensus model and the Conflict model. I will try to define each system and explain how they achieve justice.

The criminal justice system is comprised on three basic levels, policing, justice, and corrections. There are two models of criminal justice system which tries to explain how justice is achieved. The first model is the consensus model or the system perspective, which states that the organizations of a criminal justice system either do, or should cooperate. The conflict model or the non-system perspective assumes that the organizations of a criminal justice system do, or should compete. In order to make a decision on either model, we will present the facts and examples on both to determine which model accomplishes its goal more successfully.

Jerome Skolnick, a professor at the John Jay College of Criminal Justice and a former president of the American Society of Criminology, once said, “The law often, but not always, supports police deception,” which is a fine definition of the conflict model. The conflict theory argues that the organizations of the criminal justice system either do, or should, work competitively to produce justice. The conflict theory also argues that worries over fame, promotions, wages, and success, which includes officers that focus on appearing to solve crimes (generating high clearance rates scores) rather than actually solving crimes, cause the criminal justice system to conflict with itself. One example of conflict within the system is that between the police and prison officials. The conflict model argues that police desire to put criminals into prison whereas prison officials who are concerned about overcrowded facilities may desire to release criminals from prison. Another example of the conflict model that I have witnessed does not only exit between the different level of the criminal justice process, but between local, state and federal law enforcement and there inability or lack of desire to share information. For what I can gather it seems to break down to, who will calm the statistical figure and how will the assets be divided. An example of a high profile case that proves this model would be the O.J. Simpson case. I recall hearing about all of the problems within the law enforcement agency that was investigative this case, which causes a lot of doubt in the investigation. The prosecution had a problem that was stemmed by the investigation, and the defense had a field day. Corrections did not even get their chance. Unfortunately, two people died and justification, if there is any, was even given to their poor families.

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The consensus model argues that the organizations of a criminal justice system either do, or should work cooperatively to produce justice. I truly believe and would love to see a consensus model of criminal justice. All law enforcement which includes local, state, and federal agencies working together, sharing intelligence and resources to take down for example a mid-level heroin drug trafficking organization. Each level has their own area of “expertise.” The state and local law enforcement know the area and have working contacts while the federal agents have the resources and jurisdiction if needed. As a unit they have included, conferred and worked with either the state or federal attorney’s office to make sure the case and arrests qualify for the correct prosecution. Now since we are all working as a team, the corrections side is waiting to do their part to properly “correct” the criminals into positive role models and assets to their community during their 10 to 15 year jail terms. If each agency could get over their egos and put aside politics and remember why they got into law enforcement in the first place this system would work, but that would only be in a perfect world. Looking back at a high profile cases, I think the best example of the consensus model at work would be the Jeffery Dahmer case. The only mistake, which was not between the different levels of the criminal justice system, was made on May 27, 1991 by the three officers, who returned 14-year-old Konerak Sinthasomphone to his killer. Aside from that, law enforcement investigated and arrested Jeffery Dahmer. The prosecution collaborated on July 13, 1992, Jeffery Dahmer put in a plea of guilty but insane, however, after a short trial - during which he was protected from the wrath of his victims by an 18-feet high barrier - the jury found Dahmer guilty but sane. He was sentenced to serve 15 life terms - or 957 years - in prison. The final element, corrections was only able to provide two years due to the fact that Dahmer himself was murdered by Christopher Scarver. Due the gruesome nature of this case the consensus model of criminal justice and the public all wanted to see the same outcome.

If you have the consensus model on one side and the conflict model on the other I personally feel that currently the criminal justice system is working right down the middle. I see good and bad points with both models and in combining both models is where you will find a model that really works. Some groups argue that the conflict model is the reality of criminal justice, but the consensus model is the ideal. It would be safe to say that some Americans would agree that our current criminal justice system is broken. Most of the society and including myself are troubled with the fact that criminal are treated far better than their victims. So does crime pay? Of course not! Working in the “business” I have seen the extreme examples of both models. Law enforcement no matter what branch should support one another, but a little competition never hurt anyone. If keeps you sharp and performing to your best ability.

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