Second ideology outline
IDEOLOGY HANDOUT (#2)
We have already given one handout on ideology, so check to make sure
that you have it, then go over lecture notes and this handout to see
how it ties in.
We defined IDEOLOGY as a set of ideas or beliefs that are inextricably
linked to a particular socio-historical situation. Supporters or
adherents of these ideological ideas remain ignorant of this linkage.
A. CONSERVATIVE:
The conservative position begins with the basic assumption that the
goal of the criminal justice system is the protection of SOCIAL ORDER.
1. Necessity for maintaining social order
2. tendency to preserve existing social institutions and to favor
gradual rather than abrupt change
3. Existing social arrangements and practices are seen as a
reflection of public sentiments, morality, etc
4. tampering with social arrangements is inherently risky
5. Conservatives have little faith in government ability to solve
problems through social planning
From this, we can identify some specific notions specific to
the criminal justice system:
1. Worry less about rights of offenders and more about protecting
social welfare.
2. Sanctions should be based on nature of offense rather than on
considerations of what would constitute the most appropriate
treatment for the offender.
3. Judges have abused discretion by coddling criminals;
legislators should therefore fix the exact amount of punishment
each crime deserves.
Mention 1977 Illinois Crim
Code Revision, class x, determ. sent, etc
4. All sentences should be determinate
5. Parole release would be abolished
6. Use of incarceration should be expanded
7. Attempt should be made to selectively incapacitate for
prolonged periods the most chronic offenders (8 % responsible
for over 60% of the crime).
B. LIBERAL/PLURALISM Liberal assumption begins from RIGHTS OF
INDIVIDUAL, DUE PROCESS (note--this is called "due process model), and
they currently advocate individual treatment/rehabiliation.
1. Tend to see conflict, not consensus, as a framework of society
and criminal justice
2. Liberals see political arena as one in which political struggle
occurs
3. Liberals adhere to piecemeal approach to policy change/reform
4. Rarely examine wider social context or history of problems
5. Tends to be humanitarian
Relevance to Criminal Justice:
1. Stresses rehabilitation over control/punishment
2. Emphasizes treating the individual offender rather than
punishment
3. Public and legislatures should be involved in criminal justice
policy, because administrators are "managers" and not
"professional therapists" (ie, the "Professional" model
4. Tends to opt for research and involvement of social scientists
to help shape policy, rather than to leave prisons alone
5. Used to argue for indeterminant sentencing, now, most join
conservatives in determinant sentencing preference.
NOTE HERE SIMILARITY BETWEEN LIBERALS AND CONSERVATIVES in
contemporary justice philosophy. This convergence has facilitated
sentencing reform and other policies on which both agree, responding
to "public mood."
C. RADICAL/ELITIST (note ambiguity of this term, as well as of
"liberal/pluralist)
1. Examines POLITICAL ECONOMY as fundamental unit of analysis (ie,
takes an explicitely STRUCTRUAL APPROACH)
2. Rejects assumptions (basic to liberalism) that the political
process affords ALL groups the opportunity to participate and
make needs known
3. Usually takes elitism/liberalism as starting point for
criticism (explain that this is because of many similarities,
so they distinguish/distance themselves from liberals).
4. Must change social system itself, can't just reform a few
parts.
D. LIBERTARIANS
For information on Libertarians click on their homepage
here. .
CRITICISMS OF EACH:
A. Criticisms of Radicals by liberals (and conservatives):
1. Exaggerates degree to which CJ system discriminates against the
underclass Radicals overemphasize power and deemphasize the
consensus on laws in the US
2. Often polemical with no analysis, but changing (and modifying)
3. No realistic plan for action There is general consensus on
punishment of crimes (ie, most severe on those crimes that the
public is most concerned about)
4. Politically, it's possible to work for reform, NOT ONLY wider
social change
5. Ignores extend to which criminal justice policies are a response to
other factors than "class" etc (e.g., increase in volume of
crime, white collar crime, etc)
B. Radical response to liberalism:
1. Conservatives and Liberals fail to appreciate substance and
gravity of criminal justice system problems (ie, too close toit)
2. Conservatives and Liberals tend to be technocratic toward
solutions to social problems
3. They tend to ignore historical and comparative analysis (note
that this is NOT inherent in their position, however, but in
their practice)
4. They are too elitist in their approach, and over-emphasize the
role of expert.