DOES THE LEGAL SYSTEM REFLECT THE POWER STRUCTURE - A TEST OF CONFLICT THEORY

• NCJ Number: 58910
• Author(s): L SNIDER
• Date Published: 1977
• Length: 325 pages
• Publication Format: Document
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: UNIVERSITY OF TORONTO - DOCTORAL THESIS

Annotation

THE ARGUMENT EXPRESSED BY CONFLICT THEORISTS THAT LAWS ARE MADE BY THE POWERFUL PRIMARILY TO SERVE THEIR OWN INTERESTS, AS OPPOSED TO THE CONSENSUS THEORISTS WHO STRESS IMPARTIALITY, IS PRESENTED IN THIS THESIS.

Abstract

THE HYPOTHESIS OF THE STUDY, IN LINE WITH PREDICTIONS DRAWN FROM THE CONFLICT THEORY, IS THAT THE PUNITIVENESS OF LAWS WILL VARY WITH THE POWER OF TYPICAL OFFENDERS AGAINST THESE LAWS, AND THE POWER OF THOSE THE LAW PROTECTS. IT IS EXPECTED THAT THE POWER OF THE ECONOMIC ELITE WILL BE REFLECTED IN THE LESS PUNITIVE NATURE OF LAWS GOVERNING THEIR ACTIVITIES AND INSTITUTIONS, AS INDICATED BY LOOSER WORDING, MILDER SANCTIONS, THE ALTERNATIVE OF CIVIL INSTEAD OF CRIMINAL CHARGES UNDER CERTAIN CONDITIONS, AND THE MILDER CLASSIFICATION OF SUCH OFFENSES AS SUMMARY INSTEAD OF INDICTABLE. LAWS ANALYZED GOVERNING THE UPPER CLASS INCLUDE THE COMBINES INVESTIGATION ACT, THE FOOD AND DRUG ACT, AND THE HAZARDOUS PRODUCTS ACT. LAWS GOVERNING ECONOMIC BEHAVIOR OF THE LOWER CLASS CONSIDERED HERE INCLUDE BREAKING AND ENTERING AND THEFT AND POSSESSION OF STOLEN GOODS PROVISIONS OF THE CRIMINAL CODE. IT IS FURTHER POSTULATED THAT UNIVERSAL JUSTICE AS DESCRIBED BY CONCENSUS THEORISTS IS A FICTION. LAWS THAT THE UPPER CLASS ARE AT RISK OF DISOBEYING AND THAT GO AGAINST UPPER CLASS INTERESTS WILL BE FEW IN NUMBER AND NONPUNITIVE, BOTH IN THE WRITTEN VERSIONS AND IN ENFORCEMENT PRACTICES. STATISTICS ON SENTENCING WERE DRAWN FROM NUMEROUS SOURCES, INCLUDING THE PUBLISHED WORKS OF THE GOVERNMENT. DATA COLLECTION WAS PARTICULARY DIFFICULT FOR UPPER CLASS OFFENSES DUE TO THE PROTECTED PRIVACY OF DEFENDANTS, AND DISPUTES AS TO WHO IS RESPONSIBLE FOR 'PUBLIC' RECORDS: OFFICIAL STATISTICS PUBLISHED IN ANNUAL REPORTS WERE OFTEN USELESS DUE TO INCONSISTENCIES. FINDINGS OF THE STUDY GENERALLY SUPPORT THE MAJOR HYPOTHESES, ALTHOUGH THEY MUST BE CONSIDERED SUGGESTIVE RATHER THAN CONCLUSIVE BECAUSE OF THE LACK OF HARD DATA AVAILABLE FOR CONSIDERATION. REFERENCES AND A BIBLIOGRAPHY ARE PROVIDED. (LWM)