NCJ Number
59774
Journal
International Annals of Criminology Volume: 17 Issue: 1 & 2 Dated: (1978) Pages: 223-248
Date Published
1978
Length
26 pages
Annotation
THE CONSENSUS VERSUS CONFLICT DICHOTOMY IN ATTITUDES RESEARCH IS EVALUATED.
Abstract
RESEARCHERS EXPLORING PUBLIC ATTITUDES TOWARDS CRIMINAL LAW HAVE BEEN DIVIDED INTO A SIMPLISTIC OPPOSITION OF TWO GROUPS: A 'CONSENSUS' GROUP OR THOSE WHO STIPULATE THE EXISTENCE OF A MINIMUM OF PUBLIC AGREEMENT ON CRIMINAL MATTERS AND A 'CONFLICT' GROUP OR THOSE WHO ONLY DETECT CONTRADICTORY AND OPPOSING ATTITUDES ON THE SUBJECT. A STUDY OF EXISTING RESEARCH INDICATES THAT THE TWO GROUPS--FAR FROM REPRESENTING COHERENT, HOMOGENEOUS SCHOOLS OF THOUGHT--CAN AGAIN BE SUBDIVIDED INTO VARIOUS SPLINTER GROUPS. THE EXISTENCE OF THIS DICHOTOMY POSES TWO DANGERS FOR RESEARCHERS: (1) IDEALISM, WHICH DISTORTS FACTS IN ACCORDANCE WITH THE RESEARCHERS' IDEOLOGY, AND (2) THE EXAGGERATION OF DIFFERENCES BETWEEN THE SCHOOLS WHILE MORE IMPORTANT METHODOLOGICAL PROBLEMS ARE IGNORED. RESEARCHERS ADHERING TO THE CONSENSUS THEORY USUALLY BASE THEIR OPINIONS ON MULTICULTURAL STUDIES IN WHICH DIFFERENT SOCIETITES GAVE SIMILAR SEVERITY RATINGS TO PARTICULAR OFFENSES. THESE INTERPRETATIONS FREQUENTLY OVERLOOK THE FUNDAMENTAL DIFFERENCE BETWEEN THE SERIOUSNESS OF AN OFFENSE AND ITS CRIMINAL NATURE. THUS, THE SAME ACTION CAN BE PERCEIVED BY A PARTICULAR SOCIETY AS BOTH A CRIMINAL OFFENSE AND AS LESS SERIOUS THAN AN ACTION WHICH IS NOT CONSIDERED A CRIMINAL OFFENSE. RESEARCHERS STUDYING ATTITUDES CANNOT CONTENT THEMSELVES WITH MEASURING THE SERIOUSNESS OF AN OFFENSE, BUT MUST ALSO INCORPORATE THE OFFENDER'S INTENT: BOTH OF THESE CHARACTERISTICS CONSTITUTE THE CRIMINAL NATURE OF AN OFFENSE. FOOTNOTES AND 51 REFERENCES ARE INCLUDED. --IN FRENCH.