A century ago, most people lived in small groups of family, friends, and neighbors. Today, our lives revolve more around formal organizations that are organized to achieve specific goals. These specific goals may vary from organization to organization but the process is very similar. There is a hierarchy involved that is either informal or formal at times.
In the criminal justice system hierarchy is existent. It is a paradox because we are made to believe that the criminal justice system is supposed to give us equality and treat us with fairness. We depend on the criminal justice system to manage countless dimensions of our lives and we become accustomed to seeing that criminals who pose a threat to our lives receive the punishment that they deserve. What people fail to see is that there are formal and informal controls that help maintain the hierarchy in the criminal justice system.
The two basic processes of social control are the internalization of group norms and control through external pressures (Clinard and Meier, 1989,p.20). In the first case, social control is the consequence of socialization, the process of learning the rules of behavior for a given social group. Individuals develop self-control by being taught early what is appropriate, expected, or desirable in specific situations.
Mechanisms of social control through external pressures include both negative and positive sanctions. Negative sanctions are penalties imposed on those who violate norms. Positive sanctions, such as a promotion, bonus, or encouragement, are intended to reward conformity. These positive and negative sanctions are forms of social control.
Informal social controls are exemplified in the functions of folkways and mores. These informal controls consist of techniques where individuals who know each other on a personal basis accord praise to those who comply with their expectations and show displeasure to those who do not (Shibutani, 1961, p.426). These techniques may be observed in specific behaviors such as ridicule, gossip, praise, reprimands, criticisms, or ostracism.
Formal controls arise when informal controls are insufficient to maintain conformity to certain norms and are characterized by systems of specialized agencies and standard techniques. Formal controls are incorporated in the institutions in society and are characterized by the explicit establishment of procedures and the delegation of specific bodies to enforce them, such as laws, decrees, or regulations. They are administered by individuals who occupy positions in those institutions. Generally, anyone who tries to manipulate the behavior of others through the use of formal sanctions may be considered an agent of social control (Clinard and Meier, 1989, p.22-23).
The purpose of these social controls is to preserve the hierarchy in our society. The holders of power in our society seek legitimate ways to maintain this hierarchy and find ways to manipulate not only the system but the people who exist in the system. Those in positions of power who benefit from the existing power arrangement use their influence to encourage the repression of challenges to their position.
One way that those in power use their control is through various selection processes used to place individuals in desirable positions (Heinz and Lauman,1978). The leaders of power have ways of controlling the selection and mobility of persons through patronage systems. Loyalty and conformity are generally the primary criteria for advancement. Another form of control is the dismissal of individuals who do not comply with the stated expectations and voice unpopular opinions.
Law is not exempt from these social controls. Many have come to believe that law is neutral. We are supposed to have trust and confidence in the fairness of the procedures used by legal authorities and legal institutions. We are supposed to believe that it is in the best interest of authorities to abide by the law and carry out the law to create a sense of fairness.
In reality we underestimate how hierarchy plays a vital role in preserving the motives of those in power. The laws that are established preserve these motives and allow those in power to occupy their position in society generation after generation. We believe that somehow we can overcome these barriers but it just shows how social controls influence the way we think. Sometimes we underestimate the impact that law has on all of us.