Law And Non-System Conflict Theory In Criminology And Criminal Justice

1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.

The conflict model is named appropriately as it directly conflicts with the consensus model. “Those who reject the consensus model do so on the ground that moral attitudes are not absolute. [sic] “In large democratic societies such as the United States, different segments of society will inevitably have different value systems and shared norms” (p.6). The conflict model basis its stance on social class, income, age, and race. This model cites that those who exist separately within each aforementioned category are fighting for control against the other. The only similarity of the consensus and conflict models is that in the consensus model, those who consider themselves of moral value and the norm in society are also considered so in the conflict model; making the decisions in criminal laws because these attributes make them superior. The above comparison can result in an integrated definition of crime. The basics of crime or criminal action are:

If there was no warrant for John's arrest this hearing will also determine if there is probable cause (Gerstein v. Pugh). Probable cause means that a reasonable ground exists for belief in the facts.

The consensus model of criminal justice suggests that society strives to maintain a harmonious social order, and social institutions cement social bonds that counteract negative criminal tendencies. "The foundation of consensus perspective is the assumption that societies have an inherent tendency to maintain themselves in a state of relative equilibrium through the mutually and supportive interaction of their principal institutions. Consensus theory is a sociological perspective in which social order and stability and social regulation forms the base of emphasis" (Consensus perspective, 2011, Sociology Index). Societies are interdependent, and every element of society performs some essential function. The interdependent nature of all elements of a society creates a consensus of values and determines what should be required of citizens. By nature, societies are seen as tending towards consensus, and finding an equilibrium of common values is seen as beneficial for society (Sociology perspectives: The order and the conflict model, 2009, Minority Studies). Consensus theorists tend to see minority or dissident groups as troubling, given that they can upset the social structure and cause unrest. The goal of the criminal justice system is to enable people to fit into social institutions.

Three models portraying our criminal justice system are the Wedding Cake Model, Criminalization Model, and the President’s Commission Model. The Wedding Cake Model “emphasizes that the system handles different kinds of cases differently; it depicts four layers or tiers of cases”. While the Wedding Model offers an accurate typology of cases processed through the system, its primary focus is on the decisions of prosecutors, defense attorneys, and judges. There is a glimpse the role of power and status in such decisions, but the factors of race, class, and gender are not explicit. But, this model does not address the lawmaking process and the social inequalities in the economic and political systems in which laws are forged. Now the second model, the Criminalization model explores the role of social class in the criminal justice system. It shows that the system is used to control certain groups of people by criminalizing their behaviors and targeting them for arrest and incarceration. The third model, the President’s Commission Model provides the most famous portrayal of the criminal justice system by summarizing the stages of the system. In comparison, the Wedding Cake Model and the Criminalization Model are similar because they both show the recognition of power and status in the criminal justice system. These two models are the opposite of the President’s Commission Model due to the fact that this model does not show the roles played by race, gender, and social class at the

The Justice system seeks to prevent crimes and to capture those who have committed crimes. But what are the causes of crime, maybe poverty, or greed, or is sometimes caused by the system. Is the risk worth the reward and is reward the worth risking the punishment? Power and influence is threaded deeply into the Criminal Justice System. Are all offenders caught and processed with the same demeanor and given the same punishment? The system needs to be impartial to all offenders regardless of the offender’s social position, job or yearly income. The general punishment for most crimes is incarceration in most states with a difference in duration to adjust per each crime. This is the deterrent against crime. This is what should be keeping

Conflict theory maintains that the privileged, acting on the perception of threat, will use the crime control apparatus of the state to restrain and limit those who threaten their interests. Practically, this means that one should expect more aggressive law enforcement practices in areas with greater percentages of poor and non-White citizens. This ‘threat hypothesis’ has been tested in several areas of American policing. (M. Petrocelli/ Journal of Criminal Justice 31)

This comprises of indirect evidence which aids in detection of crime while not fully proving it. The probable cause sources are enough in some cases while for others further information or evidence needs to be provided. If the judge wants to issue search warrants, then the probable cause must highlight that the person got involved in criminal activity and the crime has taken place.

Probable cause is defined as a reasonable belief that a crime has been committed, that evidence is at the place being sear5ched or on the person being searched, or that a specific person is believed to have committed, is committing, or will commit a certain crime. Law enforcement cannot just go to a judge and say they have probable cause for a warrant. To obtain a warrant law enforcement needs something to substantiate their belief. The standard for probable cause to be met is for any reasonable person to believe based on the evidence or observations presented that indeed either a suspect has or is engaging in criminal activity, or that evidence exists at a certain location. Not all searches require probable cause to be established. The exception to the probable cause is reasonable suspicion. An example of this is a customs search. A custom search requires no warrant or probable cause be presented. But if a custom agent is going to detain a traveler for an extended

A conspiracy theory is a theory that argues that the rich and those with power seek the make sure the criminal justice system fails because they benefit from that failure. Conspiracy theories are hard to be proven and for it to succeed, it has to be kept a secret. There’s no credibility in the sources due to the degree of secrecy. Conspiracy theories are invalid because it doesn’t correspond with how people behave most of the time. The Pyrrhic defeat theory isn’t a conspiracy theory because the theory bases itself on why the criminal justice system fails and that’s due to our own shortcoming of not trying hard enough to prevent it.

Reasonable suspicion is a reasonable likelihood that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and is informed by a police officer’s training and experience. Reasonable suspicion is seen as more than a guess or hunch but is less than probable cause. Probable cause is the logical belief, supported by facts and circumstances, which a crime has been, is being, or will be committed. The difference between the two are the fact that probable cause has evidence or is fact based whereas reasonable suspicion is a hunch.

Thus, this leaves this determination up to the courts to decide case by case. Probable cause quantitates specific levels of suspicion and is based on facts and prudent belief of guilt, thus allowing a law enforcement officer to perform a warrantless search. Probable cause is more substantial than reasonable suspicion pertaining to the justification for an investigative detention. (Devallis Rutledge, 2010).

Conflict criminology is the view that human behavior is shaped by interpersonal conflict and believe that those who retain social power will use it to further their own ends. Conflict criminology is all about inequality in society. It suggests that our laws and our norms reflect the interests of influential members of society. Conflict criminologist hold to the belief that social order is maintained through competition and conflict, and the 'winners' are those with the most power and the greatest economic and social resources, benefit by taking advantage of the 'losers.' Radical criminology is many times referred to as left or neo- marxist. They represent an abundance of voices and see society as a system. Radical criminology is based on

Probable cause is a requirement which can be found in the Fourteenth Amendment that must usually be met before an arrest can be made, before being allowed to conduct a search, seize property, and to receive a warrant which is related to the alleged crime. Probable cause is considered a level of reasonable belief, probable cause must be based on facts and not an assumption. In civil court, a person can be sued if they have probable cause, and in criminal court, the defendant can be prosecuted or arrested if they also have probable cause. If the officer cannot prove probable cause, unfortunately, the evidence then becomes inadmissible, and the evidence will be thrown out.

Social conflict theory is the only one out of the vast number of criminology theories that deals directly with this problem. From out of it’s Marxist roots arose a theory which challenges the way in which today’s society views it’s legal system and the implications it has on it’s working class citizens. The nature and purpose of social conflict theories is to examine the social controls made by the ruling class and imposed on the rest of society.