Another perspective of how laws become created is the consensus view. It implies consensus (agreement) among citizens on what should and should not be illegal. This idea states that all groups come together, regardless of social class, race, age, gender, and more, to determine what should be illegal. This view also suggests that criminal law is a function of beliefs, morality, and rules that apply equally to all members of society (Dawe, 1970).

The consensus view becomes clearer when we examine laws related to the drinking age in various countries. It implies an agreement among citizens, transcending differences in social class, race, age, gender, and more, to collectively decide on an appropriate age for legal alcohol consumption. For instance, in the United States, there is a general consensus that individuals should be at least 21 years old to purchase and consume alcoholic beverages responsibly.

However, it’s essential to note that the consensus on the legal drinking age can vary across cultures. Different countries may set different age limits based on their unique social norms, values, and perspectives on when individuals are deemed mature enough to handle the responsibilities associated with alcohol consumption.

Also, when we consider the consensus view in the context of drinking and driving, it reflects a shared belief that driving a vehicle under the influence of alcohol poses a significant threat to public safety. Regardless of cultural differences, there is a general agreement that driving while impaired by alcohol is dangerous and should be illegal. Laws and regulations surrounding drinking and driving are often shaped by a consensus that prioritizes the well-being and safety of the entire community.

It is also important to remember the consensus view can support the decriminalization of certain actions as society evolves as well. In Mapp v. Ohio, a landmark Supreme Court case we will discuss later in this book, the evidence obtained by police was pornographic material, which was illegal in Ohio at the time of the ruling. As societal attitudes shifted over time, there was a growing consensus that the private possession of such material should not be illegal. This highlights how the consensus view can contribute to the reconsideration of certain behaviors in response to changing values and perspectives within society.

Licenses and Attributions for Consensus View and Decriminalizing Laws

Open Content, Shared Previously

“1.6. Consensus View and Decriminalizing Laws” is adapted from “1.5. Consensus View and Decriminalizing Laws” by Shanell Sanchez in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Modified by Sam Arungwa and revised by Roxie Supplee, licensed CC BY-NC-SA 4.0, for new examples and DEI content.