Miguel Wong
Soc 361x
Assignment 1
1
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.
