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Encyclopedia > Conflict Model (criminal justice)

The conflict model (non-System perspective or system conflict theory) of criminal justice argues that the organizations of a criminal justice system either do, or should, work competitively to produce justice, as opposed to cooperatively (See: consensus model). System conflict theory argues that worries over fame, promotions, wages, and success cause the criminal justice system to conflict with itself. This perspective argues that there is no true system and points to the role of adversarial processes, in particular, which are seen to be basic to the "system", and the fact that many criminal justice organizations habitually share as little information as possible.


This school of thought is followed both by groups which argue that the conflict model is the reality of criminal justice, but the consensus model is the ideal; and groups which argue that the conflict model is both the reality and the ideal.


One example of conflict within the system is that between the police and prison officials. The model argues that police desire to put criminals into prison whereas prison officials who are concerned about overcrowded facilities may desire to release criminals from prison.


Jerome Skolnick

Jerome Skolnick has argued that clearance rates demonstrate the reality of the Conflict Model by encouraging police to focus on appearing to do their job, rather than on actually doing their job. This is a comparable argument to that regarding standardized testing, and "teaching to the test". Skolnick noted one incident where police coerced a man to confess to over 400 burglaries so that they could have a high rate of crime solving (clearance).


  Results from FactBites:
 
Rule of Law: Model Codes for Post-Conflict Criminal Justice: U.S. Institute of Peace (1932 words)
From 2001-2006, the model codes were drafted in consultation with over 250 leading experts from all around the world and from a variety of backgrounds, including international and national judges, prosecutors, defense lawyers, police, corrections officials, human rights advocates, military lawyers and international, comparative and criminal law scholars.
Substantive criminal law regulates what conduct is deemed to be criminal, the conditions under which a person may be held criminally responsible and the relevant penalties that apply to a person convicted of a criminal offense.
The Model Detention Act governs the laws and procedures to be applied by the criminal justice system to persons who are detained prior to and during a criminal trial and also to persons who are convicted of a criminal offense.
  More results at FactBites »

 

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