Consensus Model vs. Conflict Model

1. Consensus Model

The consensus model holds that behaviors are classified as criminal if they are harmful to most people in society and have been prohibited by existing criminal law. This view assumes general agreement on which behaviors require legal control and which should remain outside state regulation (Siegel & Worrall, 2021).

hint

If you think about it, the term “consensus” denotes general agreement among most members of a group.

This model assumes that as people form a society, they will naturally share similar norms and values. People whose actions deviate from these shared norms are seen as threats to society and are subject to punishment. Society then enacts laws to control and prevent unacceptable behaviors, defining acceptable conduct within the group (Gaines & Miller, 2021).

These laws consist of rules established by state authorities that reflect the norms, goals, and values of the majority; they embody the collective judgment on what is right and wrong, ensuring that no one is above the law. This model also posits that criminal law serves a social control function by prohibiting actions that could threaten societal stability, protecting people from exploitation and maintaining social order (Siegel & Worrall, 2021).

Furthermore, this model assumes that even a diverse population can share common moral views, establishing a collective sense of right and wrong. Consequently, as societal attitudes shift, laws evolve accordingly.

EXAMPLE

In 17th-century America, adultery could result in severe punishments such as public whipping, branding, or execution. Similarly, in the early 1900s, heroin was legally available in pharmacies. Today, however, adultery is considered a private matter, and the sale of heroin is regarded as a criminal offense (Gaines & Miller, 2021).

Critics of the consensus model argue that moral attitudes are not constant or consistent. Democratic societies like the United States have diverse groups who hold varying views on controversial moral and criminal issues, such as abortion, drug use, immigration, and assisted suicide. These differing opinions often lead to conflicts among groups.

term to know

Consensus Model

A model of criminal law that views society as based on agreement and harmony.

2. Conflict Model

The conflict model suggests that the most politically powerful segments of society have the greatest influence on criminal laws and impose their values on the broader community (Gaines & Miller, 2021). The ongoing struggle between the rich and the poor influences the creation and enforcement of criminal law, shaping what is defined as a crime. It holds that laws are established by the ruling class to control and suppress the members of society who lack wealth and power. Thus, laws serve as tools for the affluent to maintain their dominance and regulate the behavior of those who challenge their values or resist the unequal distribution of wealth.

EXAMPLE

Laws against property crimes like theft are designed to protect the assets of the wealthy; those who commit these crimes face severe penalties for theft, while those manipulating the economic system for personal gain (e.g., white-collar crime) often escape harsh punishment (Siegel & Worrall, 2021). According to this perspective, the people who commit white-collar or corporate crimes are some of the same people writing the law.

Crime originates from social and economic conflicts between different social classes, rather than being the result of individual choices or inherent criminal tendencies. According to this view, individuals, especially those on the fringes of society, may turn to crime as a response to limited opportunities, economic struggles, or systemic inequalities. Therefore, this model interprets crime not just as individual deviance but as a reflection of larger societal issues (Canter & Youngs, 2016). Advocates of the conflict model argue that the criminal justice system is inherently biased and disproportionately targets marginalized groups. This results in these groups being overrepresented in the criminal justice system.

did you know

Over 70% of elected prosecutors in the United States are white men, with only 5% of these positions held by minority members. This lack of diversity among prosecutors, who determine the charges brought against defendants, can contribute to the mistrust of law enforcement in many minority communities (Gaines & Miller, 2021).

Proponents of the conflict model advocate for moving away from the traditional criminal justice system and its reliance on punitive measures. They argue that instead of defaulting to punishment, the focus should be on addressing the underlying causes of crime and fostering social and economic equality. Suggested alternatives include investing in:

• Education
• Job training
• Mental health services
• Restorative justice opportunities

term to know

Conflict Model

A model of criminal law that views society as based on disagreement and lack of harmony.

REFERENCES

Canter, D., & Youngs, D. (2016). Crime and society. Contemporary Social Science, 11(4), 283–288. doi.org/10.1080/21582041.2016.1259495

Fulham, L., Blais, J., Rugge, T., & Schultheis, E. H. (2023). The effectiveness of restorative justice programs: A meta-analysis of recidivism and other relevant outcomes. Criminology & Criminal Justice. doi.org/10.1177/17488958231215228

Gaines, L. K., & Miller, R. C. (2021). Criminal justice in action. Wadsworth.

Siegel, L. J., & Worrall, J. L. (2021). Introduction to Criminal Justice, Loose-Leaf Version. Cengage.