Elaborate the three views on defining crime. Discuss how and why some behaviors become illegal and are considered crimes, while others remain noncriminal, according to each view. Which of these views do you think fits best with our current system? Give a specific example of a situation that illustrates your argument.

Question

What will be an ideal response?

Answer 1

There are three main views in defining crime. The consensus view rests on the assumption that criminal law has a social control function and crimes are those that are essentially harmful to a majority of citizens and are prohibited by the existing criminal law. This means that the public has essentially reached a consensus on what constitutes crime. The conflict view states that crime is the outcome of class struggle between the rich and poor and the haves and have-nots, resulting in the criminal justice system becoming an instrument of social and economic repression. Finally, the interactionist view of criminal law is structured to reflect preferences and opinions of people who hold social power in particular legal jurisdictions. They are known as moral entrepreneurs and campaign to influence the law to reflect what they believe is immoral and wrong or merely eccentric. Student answers will vary on what best reflects our system, but they could consider issues like Occupy Wall Street (conflict theory) or marijuana legalization (either consensus or interactionist) to support their arguments.