Conflict model (criminal justice)
Encyclopedia
The conflict model of criminal justice
, sometimes called the non-system perspective or system conflict theory, argues that the organizations of a criminal justice system either do, or should, work competitively to produce justice
, as opposed to cooperatively.
es, in particular, which are seen to be basic to the "system", and the fact that many criminal justice organizations habitually share as little information as possible.
This school of thought is followed both by groups which argue that the conflict model is the reality of criminal justice, but the consensus model is the ideal; and groups which argue that the conflict model is both the reality and the ideal.
One example of conflict within the system is that between the police
and prison
officials. The 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.
Jerome Herbert Skolnick has argued that clearance rate
s demonstrate the reality of the Conflict Model by encouraging police
to focus on appearing to do their job, rather than on actually doing their job. This is a comparable argument to that regarding standardized test
ing, and "teaching to the test
". Skolnick noted one incident where police coerced a man to confess to over 400 burglaries
so that they could have a high rate of crime solving (clearance).
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
, sometimes called the non-system perspective or system conflict theory, argues that the organizations of a criminal justice system either do, or should, work competitively to produce justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
, as opposed to cooperatively.
History
System conflict theory argues that worries over fame, promotions, wages, and success cause the criminal justice system to conflict with itself. This perspective argues that there is no true system and points to the role of adversarial processAdversarial process
An adversarial process is one that supports conflicting one-sided positions held by individuals, groups or entire societies, as inputs into the conflict resolution situation, typically with rewards for prevailing in the outcome...
es, in particular, which are seen to be basic to the "system", and the fact that many criminal justice organizations habitually share as little information as possible.
This school of thought is followed both by groups which argue that the conflict model is the reality of criminal justice, but the consensus model is the ideal; and groups which argue that the conflict model is both the reality and the ideal.
One example of conflict within the system is that between the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
and prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
officials. The 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.
Jerome Herbert Skolnick has argued that clearance rate
Clearance rate
In criminal justice, clearance rate is calculated by dividing the number of crimes that are "cleared" by the total number of crimes recorded. Clearance rates are used by various groups as a measure of crimes solved by the police....
s demonstrate the reality of the Conflict Model by encouraging police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
to focus on appearing to do their job, rather than on actually doing their job. This is a comparable argument to that regarding standardized test
Standardized test
A standardized test is a test that is administered and scored in a consistent, or "standard", manner. Standardized tests are designed in such a way that the questions, conditions for administering, scoring procedures, and interpretations are consistent and are administered and scored in a...
ing, and "teaching to the test
Teaching to the test
Teaching to the test is an educational practice where the curriculum is centered primarily around an end assessment or standardized test. The practice is designed to give students a set range of knowledge or skills that will allow them to enhance their performance on tests...
". Skolnick noted one incident where police coerced a man to confess to over 400 burglaries
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
so that they could have a high rate of crime solving (clearance).
See also
- Consensus model (criminal justice)Consensus model (criminal justice)The Consensus Model or Systems Perspective of criminal justice argues that the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively....