Compare and contrast consensus and conflict theories of law. Which do you believe is the most important and why?
What will be an ideal response?
Conflict and consensus theories are both perspectives on society and how laws interact with society. More specifically, the consensus theory emphasizes how society is structured to maintain stability and view it as an integrated network of institutions that function to maintain social order and the system as a whole. Stability is achieved through cooperation and shared values. Conflicts are temporary. Law is a just and necessary mechanism for controlling behavior. Law is seen as reflecting the community's deeply held values and is a legitimate expression of morality and custom. If coercion is needed, it is because the individual, not the law, is flawed. The law is followed out of respect and is willingly supported by all good people. The belief is that society is basically good. The conflict theory differs from the consensus in that it considers society to be composed of individuals and groups with sharply different interests and is characterized by conflict and dissention. People and groups seek to maximize their interests, and since resources are limited, conflict is inevitable and continuous. Social institutions function to maintain the privilege of the few and to keep the many subservient to them. The theory sees human nature as exploitive and asserts that the law functions to preserve the power and privilege of the most exploitive individuals. The law exists to settle conflicts and restore social peace, but conflicts are always settled in favor of the ruling class over the ruled. The working class accept a false consciousness (ideological worldview that is contrary to their best interests) that is generated by the ruling class.
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A crime may be defined as:
a. A public wrong that is an offense against society. b. An act or omission forbidden by law for which the state prescribes a punishment. c. Any harm defined and made punishable by the criminal law. d. All of the above.
"Handlers" in the problem-solving sense would be such people as those who:
a. Exercise control over all sides of the problem analysis triangle b. Oversee locations, such as apartment managers c. Act in best interest of offenders and try to prevent them from committing crimes d. Encourage potential offenders – such as fellow gang members – to commit crimes
In the State Court system, the Intermediate Court of Appeals have appellate jurisdiction. What is the federal equivalent to the state Intermediate Court of Appeals?
A. U.S. District Courts B. U.S. Circuit Courts C. U.S. Supreme Court D. U.S. Court of Last Resort
Which of the following statements is true about inspectors general?
A. They report crimes to the police on behalf of citizens. B. They monitor the policies and practices of police departments. C. They form the use-of-force review board (UFRB). D. They investigate individual citizen complaints.