Instrumental theorists consider it essential to law and justice that is, to unmask its true purpose

Week 8 Assignments

1.What key features distinguish the consensus model of law from the conflict model of law?

The consensus model of law defines crime as distasteful to all of society. A consensus, or

agreement, is made to deem which behaviors are criminal acts. Basically, law defines the crimes and

is a way to keep society’s beliefs. The agreement is based on societal norms and morals that the

different groups of society work cooperatively with one another to decide. By working towards the

best interest of society “the reach of the criminal law is not restricted to any single element of

society” (Siegel, 2013, p. 11 ). No social class is treated differently from one another. The more elite

are not allotted leniency over the lower social class. Power and position in the social class is not a

factor for making decisions on criminal laws, but preventing social harm is.

In contrast to the consensus view, the conflict model of lae does not work cooperatively.

In fact, this view portrays that groups are in constant conflict. Establishing criminal laws does not

occur because of a moral consensus of society, but rather by power. This view represents the

inequalities of society. For instance, if a wealthy person committed illegal corporate activities they

would be let off more leniently than a lower class individual committing a burglary. The leniency here

shows that position in the social class influences decision making in criminal law. This creates

conflict because those in higher power will use it to their advantage and also increases social harm.

Deviant behaviors that are not punished when punishment is due creates harm to those who are

affected and the society where it took place.

2.Explain and discuss the differences between instrumental theory and structural theory.

There are two types of theorists that view control by means of production differently from one

another. First we have instrumental theorists, and second we have structural theorists. Instrumental

theorists believe that law and criminal justice are tools used solely to control the poor. In contrast,

structural theorists believe that these instruments are used to control each class in society.

Instrumentalists believe that the capitalists use the state to their advantage in order to control the

poor by forcing their morals and ways of living onto those in society. However, it can be inferred that

this does not help because it can be seen that both the lower class and the elite commit crimes, but the

lower class is arrested and convicted far more the the wealthy. This disparity leads to aggression that

motivates criminal activity which in turn hinders the lower class from shaping society. Capitalists

demystify criminology by showing that poorer people are less likely to succeed in school, namely

they are less intelligent, and a more likely to engage in criminality for the purpose of showing that

they are in control of structuring society.

Opposing all beliefs in the instrumental theory, structural theorists believe that the criminal justice

system and law are instruments used to control not only the poor, but the wealthy. Efficiency is key in

the eyes of the structural. Law and justice are found not to be instruments solely for the rich because

there are laws and regulations that are enacted and enforced that prevent capitalists from becoming a

power chain. For instance, there are laws in place that target corporate crimes that can only be

committed by the upper class who are sentenced and punished according to the severity of their

crime.

3.Explain the concept of peachmaking criminology and how it differs from other forms of conflict

criminology.

Peacekeeping criminology is a concept based off of a humanistic approach. In order to solve

crime, we must end suffering by peaceful means because crime is the result of suffering. While

punishment and imprisonment are used by other theorists, peacemaking is what reduces crime and

suffering because “the efforts of the state to punish and control [is] crime-encouraging rather than

crime discouraging” (Siegel, 2013, pg. 276). Criminologists like Larry Tifft and Dennis Sullivan

argue that fixing violence, by the state, with violence, by the individual, can be categorized equally

and is detrimental to reducing crime. Facing crime with punishing criminals is not a deterrent and is

What is instrumentalist theory in criminology?

What is the key difference between instrumental theorists and structural theorists?

What is crime according to critical theorists?

What is the definition of crime according to critical theorists quizlet?