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Conflict and Criminal Law (From Criminology, P 21-39, 1991, Joseph F Sheley, ed.)

NCJ Number
150420
Author(s)
J F Sheley
Date Published
1991
Length
19 pages
Annotation
This chapter explores the criminal status of behavior as a definitional problem through a discussion of interest groups, ruling classes, and definitions of crime.
Abstract
The vehicle that binds the elements of this discussion together is the conflict perspective. It begins by introducing the more traditional consensus framework by which definitions of crime are viewed as reflections of underlying social values regarding right and wrong. The author notes that the consensus model has problems in addressing the issues of legislation and enforcement in the larger, more heterogeneous society. In shifting to a conflict model, by which definitions of crime are viewed as reflections of power groups trying to enhance their economic and other interests, the complexity and the political nature of "crime problems" in societies similar to American society is better appreciated. Three themes are emphasized: the relativity of criminal definitions, the control of major social institutions as a factor in determining criminal definitions, and the status of law as an instrument of power. The author concludes that the ebb and flow of law reflects the ebb and flow of interest groups, and laws emerging from this process must be viewed as tentative and negotiable. The key issue for conflict theorists concerns the political strength of the major economic interests in American society. Do they stand alone, or do they share power with other, relatively weaker groups?

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