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Politics of Law and Order: Case Study Evidence for a Conflict Model of the Criminal Law Formation Process

NCJ Number
131941
Journal
Journal of Research in Crime and Delinquency Volume: 28 Issue: 3 Dated: (August 1991) Pages: 305-329
Author(s)
T C Castellano; E F McGarrell
Date Published
1991
Length
25 pages
Annotation
The multiple case study method is used to analyze the origins of crime and justice legislation pertaining to juvenile justice and gun control on three levels, namely the structural foundations, the actual and perceived experience of crime in a social system, and the immediate triggering events of the legislation. The legislation analyzed in this study is the 1979 Juvenile Offender Law and the 1980 Gun Control Law passed in New York State; capital punishment policy in the State is also considered.
Abstract
Multiple sources of data used in the analysis include legislative debates, roll call rotes, newspaper articles, and interviews. The findings indicate that the integrative conflict model does offer heuristic benefits for understanding the formation of crime and justice legislation. In the 1970's, significant social, political, and economic dislocations in New York promoted a climate of fear in which the issue of crime control became highly politicized. All three issues considered in the analysis experienced divisions among regional, party, and racial lines. These structural sources of conflict were reflected by cultural and ideological variations in how crimes were perceived and what remedies were sought. The triggering issues related to the passage of the legislation in question revolved around State political maneuverings and media coverage of several sensational criminal cases. 12 notes and 49 references (Author abstract modified)

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