PUBLIC OPINION ON CRIMINAL LAW AND LEGAL SANCTIONS - AN EXAMINATION OF TWO CONCEPTUAL MODELS

• NCJ Number: 35466
• Journal: Journal of Criminal Law and Criminology Volume: 67 Issue: 1 Dated: (MARCH 1976) Pages: 110-116
• Author(s): C W THOMAS; R J CAGE; S C FOSTER
• Date Published: 1976
• Length: 7 pages
• Corporate Author: Northwestern University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE VALIDITY OF THE 'CONSENSUS MODEL' OF CRIMINAL LAW AND THE 'CONFLICT MODEL' OF CRIMINAL LAW ARE TESTED BY MEANS OF A PUBLIC OPINION SURVEY ON THE SERIOUSNESS OF VARIOUS CRIMES AND THE APPROPRIATE SANCTIONS FOR THESE CRIMES.

Abstract

THE CONSENSUS MODEL ASSUMES THAT THERE IS A FUNDAMENTAL VALUE-CONSENSUS IN SOCIETY WHICH IS REFLECTED IN THE LAW-MAKING, LAW-APPLYING, AND ADJUDICATORY MACHINERY OF THE STATE. THE CONFLICT MODEL PROPOSES THAT CRIMINAL LAW SUPPORTS THE VALUES OF THE POWERFUL TO THE DETRIMENT, AND NOT INFREQUENTLY, THE CRIMINALIZATION OF THOSE WITHOUT POWER. THIS STUDY SURVEYED CITIZENS WITH RESPECT TO THEIR EVALUATION OF THE SERIOUSNESS OF A VARIETY OF ACTS AND THE TYPES OF SANCTIONS APPROPRIATE FOR THESE ACTS. IT WAS HYPOTHESIZED THAT IF THERE WAS CONSENSUS ON THESE TWO DIMENSIONS ACROSS SOCIAL GROUPINGS, THE CONSENSUS MODEL WOULD BE SUPPORTED; SIMILARLY, IF THERE WAS A MARKED LACK OF AGREEMENT, THE IMPLICATIONS OF THE CONFLICT MODEL WOULD BE SUPPORTED. QUESTIONNAIRE RESPONSES WERE OBTAINED FROM 3,334 HOUSEHOLDS. THE RANK ORDERINGS OF CRIME SERIOUSNESS FOR 17 DIFFERENT CRIMES WAS FOUND TO BE VERY CONSISTENT ACROSS SOCIAL, RACIAL, AND ECONOMIC GROUPINGS. A VERY HIGH DEGREE OF AGREEMENT WAS ALSO FOUND FOR THE LENGTHS OF SENTENCES ASSIGNED TO THE SET OF POSSIBLE OFFENSES. THE AUTHORS CONCLUDE THAT THE EVIDENCE OF THIS SURVEY SUPPORTS THE CONSENSUS MODEL OF THE CREATION AND LEGITIMIZATION OF CRIMINAL LAWS.