NCJ Number
47139
Journal
British Journal of Criminology Volume: 17 Issue: 1 Dated: (JANUARY 1977) Pages: 1-15
Date Published
1977
Length
15 pages
Annotation
THE ROLE OF CONFLICT IN SOCIETY IS DISCUSSED, AND THE CAUSES AND EFFECTS OF SOCIAL CONFLICT CONTROL ARE EXAMINED, PARTICULARLY AS THEY RELATE TO OFFENDER-VICTIM CONFLICTS AND THE COURT SYSTEM.
Abstract
IN ORGANIZED SOCIETIES CONFLICTS ARE RARE, AND ALTHOUGH THE ELIMINATION OF CONFLICT IS THE GOAL OF CRIMINOLOGY, CONFLICTS ARE OF IMMEASURABLE VALUE TO SOCIETY. CONFLICTS PROVIDE A METHOD FOR SOCIALIZATION AND OPPORTUNTIES FOR NORM CLARIFICATION THROUGH DISCUSSION. LAW ENFORCEMENT PERSONNEL, COURT PROFESSIONALS, AND SERVICE PROFESSIONALS ARE, IN EFFECT, CONFLICT THIEVES; A CONFLICT WHICH SHOULD BE BETWEEN THE OFFENDER AND HIS VICTIM IS TRANSFORMED BY THE PROFESSIONALS INTO AN IMPERSONAL AND SEGMENTED CONFLICT OR INTO A NONCONFLICT. THIS SEGMENTATION RESULTS IN: (1) VIEWING INDIVIDUALS IN TERMS OF ROLES OR LABELS RATHER THAN AS TOTAL HUMAN BEINGS; (2) THE REESTABLISHMENT OF A CASTE SYSTEM; (3) THE DEPERSONALIZATION OF SOCIAL LIFE AND SOCIAL NETWORKS; (4) THE DESTRUCTION OF CERTAIN KINDS OF CONFLICTS BEFORE THEY ARE EVEN ACTUALIZED; AND (5) THE DENIAL OF CERTAIN KINDS OF CONFLICTS. IT IS SUGGESTED THAT ONE GOAL FOR CRIMINOLOGY MIGHT BE TO EMPHASIZE MAKING CONFLICTS VISIBLE AND THUS MORE MANAGEABLE. IN CRIME, THE LOSS OF CONFLICT DENIES THE VICTIM THE OPPORTUNITY FOR ACTIVE PARTICIPATION AND LEAVES HIM UNINVOLVED IN THE CRIMINAL JUSTICE SYSTEM PROCESS. THE NONINVOLVEMENT OF THE VICTIM RESULTS IN MINIMAL ATTENTION TO THE CONSEQUENCES OF THE CRIME FOR THE VICTIM. LIKEWISE, THE NONINVOLVEMENT OF THE VICTIM MAKES GUILT AN ABSTRACT CONCEPT FOR THE OFFENDER; IT BECOMES LESS DIFFICULT TO NEUTRALIZE BLAME. A NEIGHBORHOOD AND VICTIM-ORIENTED COURT MODEL IS PROPOSED WHICH WOULD RESTORE CONFLICT TO VICTIM-OFFENDER RELATIONS IN A MANNER WHICH WOULD BENEFIT THE VICTIM AND AID IN REHABILITATING THE OFFENDER. A FOUR-STAGE PROCEDURE WOULD BE FOLLOWED: IT WOULD BE ESTABLISHED THAT A LAW HAS BEEN BROKEN AND WHO BROKE THE LAW; EVERY DETAIL OF THE VICTIM'S SITUATION AND THE CONTEXT OF THE OFFENSE WOULD BE EXAMINED, AND THE POSSIBILITY AND MEANS OF VICTIM RESTITUTION WOULD BE DETERMINED; PUNISHMENT IN ADDITION TO RESTITUTION WOULD BE DECIDED UPON; AND FINALLY, NECESSARY SOCIAL AND OTHER SERVICES WOULD BE PROVIDED FOR THE OFFENDER. MOREOVER, WITH THE EXCEPTION OF PERHAPS SERVICE DELIVERY TO THE OFFENDER, THE COURT WOULD BE TOTALLY LAY-ORIENTED AND WOULD EXCLUDE PROFESSIONALS (LAWYERS, JUDGES, ETC.) FROM THE DECISIONMAKING PROCESS. THE LACK OF TRUE NEIGHBORHOODS AND PERSONAL VICTIMS, AND THE SURFEIT OF PROFESSIONALS REPRESENT MAJOR BLOCKS TO THE IMPLEMENTATION OF SUCH A COURT MODEL. HOWEVER, THERE IS SOME BASIS FOR OPTIMISM: IN BOTH THEORY AND PERSONAL SOCIAL ACTION WHICH SKEPTICALLY ASSESSES THE ROLE OF PROFESSIONALS. REFERENCES ARE PROVIDED. (JAP)