Author Question: Describe the two most common models of how society determines which acts are criminal. What will ... (Read 74 times)

kwoodring · **on:** Aug 17, 2018

Describe the two most common models of how society determines which acts are criminal.

What will be an ideal response?

Question 2

List the four types of discretionary decisions made by judges. How does discretion impact fairness and justice?

What will be an ideal response?

Amiracle · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

The consensus model assumes people gather together to form a society; its members naturally come to a basic agreement with regard to shared norms and values; individuals deviating from established norms and values are considered to pose a threat to the well-being of society and must be sanctioned.
The conflict model acknowledges different segments in society who are in constant struggle with each other for control of society; victorious groups exercise their power by codifying their value system into criminal laws.

Answer to Question 2

Set conditions for pretrial release.
Accept pleas. Dismiss charges. Impose sentence.

The discretion can lead to arbitrariness and discrimination because different judges have different views of fairness and justice and how the law should be enforced. Defendants may receive very different sentences for the same crime. This is problematic because it creates injustice.