Theoretical Paper

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1 Theoretical Paper: The Criminal Justice System Department of Sociology, Aurora University SOC 1100: Introduction to Society Professor Frydrych Sep. 11th, 2023
2 Introduction to the Criminal Justice System The criminal justice system consists of “the police, the courts and the corrections” (Office of Justice Programs). Likewise, each position obtains different responsibilities that are completely diverse from one another, yet make a positive impact towards our Criminal Justice System. As stated by the Office of Justice Programs, “ The goal of the correctional subsystem is to rehabilitate offenders or alter their behavior so that they are socially acceptable and law abiding.” Consequently, the major aspect of the three subsystems is to reduce crime within communities. Moving forward, the courts manage the guarantees of “suspected criminals receive fair trials and for determining the guilt or innocence of the accused.”(Office of Justice Programs) Structural Functionalism There are a considerable amount of arguments towards structural functionalism towards the system, in which is stated by National University “ Structural Functionalism argues deviant behavior plays a constructive part in society as it brings together different parts of the population within a society. That’s because deviance helps to demarcate limitations for acceptable and unacceptable behavior, which in turn serves to affirm our cultural values and norms.” As for the manifest of towards the system, includes - deterrence, reformation, incapacitation and retribution. In addition, the latent functions of the system supporting society when it comes to violent crimes and reassuring them with their understanding. Dysfunctions include, “ police retention and
3 recruitment, lack of resource parity between prosecution and public defenders, and its public perception.” (National University) Social Conflict Approach The views that those have on society impact the “haves and have nots”, in which social conflict is applied through the system, indicated by Unizin “the conflict view would suggest that criminal law is influenced by those with wealth, power, and social position in society. Essentially, laws are made by a select group in society, and the laws protect the 'haves”. Defining haves, as a form of which “group” in society obtains the most power, make the laws and control society. Whereas the “have nots” are the ones who have less power and have no control towards the law or society in general. Symbolic Interactionism The fact that both deviance and crime arouse negative social reactions reminds us that every society needs to ensure that its members generally obey social norms in their daily interaction.” (Chapter 5.2, Barkan) Moreover, Symbolic Interactionism applies to the Criminal Justice system by the way society makes an initiative to reduce such dysfunctions regarding the system. Diving deeper, creating an effort and kind approach when it comes to society interacting. Such as how people interact, defines the meanings that they are encountered with things. Furthermore, the way people make sense of one another through communication - creates a healthy social interaction amongst small groups and/or society as a whole. Summary
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4 In conclusion, the Criminal Justice System obtains a considerable amount of resources that partake in different areas of the system. To recap, this would be the courts, the police and the corrections. We talked about how each sociological perspective engages with the Criminal Justice System. Each perspective has its own theory on the way it proposes towards the system. As we talked about the system through the three sociological perspectives, (structural functionalism, conflict approach and Symbolic interactionism) I feel as if Symbolic Interactionism is most appropriate and important when speaking upon the Criminal Justice System. To make sense, Symbolic Interactionism is basically how people act. I say this one is most imperative to our system because the way one acts significantly impacts how society portrays themselves as. Moreover, if positivity and awareness was spread around more - it’s less likely that there will be crimes committed.
5 References Barkan. (2022, May 11). 5: Deviance, crime, and Social Control . Social Sci LibreTexts. https://socialsci.libretexts.org/Bookshelves/Sociology/Introduction_to_Sociology/ Introduction_to_Sociology%3A_Understanding_and_Changing_the_Social_World_(Barkan)/ 05%3A_Deviance_Crime_and_Social_Control Author(s) K R COCKLIN, C., & Corporate Author Paladin House Publishers, Address, Geneva. (1977). Functions of criminal justice - procedures, tasks and personnel (from fundamentals of Criminal Justice - a syllabus and Workbook, 1977, 2d ed., by Dae H Chang - see NCJ-44045) . FUNCTIONS OF CRIMINAL JUSTICE - PROCEDURES, TASKS AND PERSONNEL (FROM FUNDAMENTALS OF CRIMINAL JUSTICE - A SYLLABUS AND WORKBOOK, 1977, 2D ED., BY DAE H CHANG - SEE NCJ-44045) | Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/functions-criminal-justice-procedures-tasks-and- personnel#:~:text=THE%20CRIMINAL%20JUSTICE%20SYSTEM%20CONSISTS,LAW %20VIOLATORS%2C%20AND%20PREVENTING%20CRIM Sociological theories of Crime & Deviance . National University. (2021, July 27). https://www.nu.edu/blog/sociological-theories-of-crime/ Sanchez, S. (2019). 1.6. conflict view2 . SOUCCJ230 Introduction to the American Criminal Justice System. https://openoregon.pressbooks.pub/ccj230/chapter/1-6-consensus-view
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