3 Reasons of Dislocation between Criminal Justice and Social Justice
The significant dislocation between criminal justice and social justice exists in the practice of criminal justice, public opinions should be objective, rational and appropriate. Therefore, it is necessary to analyze reasons of this special phenomenon in order to avoid following blindly.
3.1 The Limitation of Criminal Justice in Practice
Criminal justice has the limitation in practice, which is a significant reason of generating the dislocation between criminal justice and social justice in a specific case. Bernard and Engel (2001) argues that criminal justice is not a one-sided justice of those people in power, it is a variable influenced by two sides of criminal justice
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However, it does not mean that criminal justice cannot optionally be ignored. Social justice and public opinions cannot entirely replace national legislations, it should not waive rules of law in order to achieve the so-called social justice. The legislation is a norm that carries public opinions, the process of passing laws is the same as the process of absorbing public opinions. Rihua (2010) suggests that judicature is a process of judgement according to public opinions. In other words, the legislation embodies public opinions, citizens are not only lawmakers but also the final judge of law. Therefore, rules of the law embody public interests and values, criminal justice and social justice do not have the clash in nature. Although the injustice of some individual cases is existent because of the limitation of law, it is essential to guarantee the holiness and authority of law. Otherwise, the improper and irrational acts of public opinions would intervene the judicial process, which may lead to the ‘tyranny of the majority’ (Fleck and Hanssen, 2012). It finally may give rise to that the achievement of justice is just words on a page. Besides, Hayek (2012) argues that the main content of justice is to avoid arbitrariness in the process of exercising power. Consequently, the development of legitimacy is so important, because human behaviors are ruled by reasonable …show more content…
In recent years, with the development of news medias, especially for the convenience of network communication, people can freely express their own views and ideas. At the same time, public opinions can play an important role in supervising the process of legislation (Donghua and Jun, 2002). However, this kind of public supervision cannot function at will, it should not undermine judicial independence. Because public opinions are not always rational and objective, it has some characteristics, such as instability, subjectivity and conformity. There are several reasons of producing these
Jeffrey Reiman, author of The Rich Get Richer and the Poor Get Prison, first published his book in 1979, it is now in its sixth edition, and he has continued to revise it as he keeps up on criminal justice statistics and other trends in the system. This book he wrote is like a textbook for the class with many different sources cited to give the thorough knowledge for criminal justice major. As we read through the book we will get to know that he figured out something very deeply about cultural sense, which helped him a lot to collect public information. The main focus of this book is the title itself, because the rich get richer and the poor get prison, says a lot, which is happening in the country due to our present economic system. In this system author is trying to define the true definition of crime and criminal, uneven wealth distribution, poverty and criminal justice system that does to protect us against the gravest
Here we have the classic dilemma between the spirit and the letter of the law, or, as Vere frames it, the conflict between conscience and law. Because laws exist to support the integrity of a society and because laws receive their strength from those who enforce them, logic calls for the equal and firm application of those laws. Traditionally, people think of justice as being blind, and for good reason: once the adjudicator begins to base his judgments on mitigating, particular, or personal circumstances and considerations, he threatens the very fabric of the law and, by extension, the very fabric of society. However, the firm application of the law means little if that law itself is unjust. Despite the logic of Captain Vere’s arguments, especially
The Criminal Justice system is one of the most important vessels within society due to its role in ensuring that society is abiding by its laws and holding those who transgress these laws to account. Despite its crucial role in society, it has also been under some scrutiny in regards to how effective it actually is, which results in arguments that it doesn’t properly fulfil its job as a carrier of justice. A focus on the criminal justice system is a subject of interest because it helps us understand the tension within society between individual rights and freedoms. (Schmalleger, F. and Koppel, T, 1999) Thus, this essay will be arguing that the criminal justice system is indeed broken.
The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander published in 2012, is a 261 page book detailing how mass incarceration has become the new form of legalized discrimination. BACKGROUND A large cause for the writing of this book is that there is currently not much research or call for a criminal justice reform. According to Alexander the main goal of the book is to “stimulate a much-needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States” (2012:16).
On the one hand, we have a very short period, albeit by using very rigid and painful measures, not to destroy the old system, but to build a solid foundation on which those who deserve the penalty will pay it. On the other hand, those who dispense justice will not even think that the law has the rank, status, and most importantly the price. The main goal of reforming Criminal Justice is a prosperous society where the right and duty of a single citizen have unquestioning force for State itself and each individual
Justice is one of the most important moral and political concepts. The word comes from the Latin word jus, meaning right or law. According to Kelsen (2000), Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men As a result of its importance, prominent and knowledgeable people have shared their views on justice and what it means and how the state is involved in its administration. The likes of Plato, Aristotle, Socrates, Thomas Hobbes and John Locke among others have written extensively on the concept of justice.
Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
Students will learn to question the assumptions behind both administrative practice and policies that emerge from a variety of sources, and to evaluate them on a range of criteria, including the empirical, theoretical, and ethical bases. This will also include an analysis of the influence of race, class, gender, and other forms of social inequality on the administration of criminal justice. The tools to engage constructively with both state and non-state/community responses to crime will be a theme throughout. This will include analyses of events that initiate the criminal process, the various paths through which the criminal cases proceed, the professional roles and responsibilities of workers within that process, prospects of reform and the policies that provide the professional context in which decisions are
Circle of Justice vs. The Criminal Justice System Everyone is innocent until proven guilty in the court of law. The Circle Justice system is the native American way of justice. The Criminal Justice system is the American way of justice. Both of the systems are alike, but they sometimes have different outcomes.
According to the dictionary, the term justice is described as “a being righteous; fairness” and to bring to justice is defined as “to treat fitly or fairly” (Pollock). Based upon these definitions the question that is brought forth in many debates regarding crime prevention is the means to whether or not certain policies fall under the terms of being just. In my political socialization paper, I discussed how my political ideology has influenced my thinking regarding crime control and prevention. Through out my paper I comprehended the fundamental arguments of the liberalist view, and outlaid the aspects that were most important to their interpretations of crime. The liberal view is rooted from the belief that crime and poverty manifest from
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.
In “Two Models of the Criminal Process” Herbert Packer highlights two competing systems of value found in the criminal justice system, the Crime Control Model and the Due Process Model. Through the models, Packer does not make an attempt to establish what should or shouldn’t be done or what is “good” or “bad,” but rather aims to classify how different players in the criminal justice system value certain ideals and how that affects the outcomes or actions taken within the justice system. Although these values represent polar opposites values within the system, there is a grey area or spectrum of people who hold different values from both of the models. Though people hold a plethora of different values to heart, Packer’s “Two Models of the Criminal
Theory: Criminal justice 2 represents reasonable descriptions of reality. This theory approach tries to categorize and classify events in order to recognize the reasons of events, to forecast the way of future events and to know how and why these events take place. It speaks to a sensible and educated figure concerning why things are as they seem and to clarify their underlying nature and importance. The era of hypothetical clarifications is the thing that recognizes a theory of simply an accumulation of war stories and precisely documented encyclopedic accounts. Theory inquires: What is the purpose of the majority of this?
This essay will discuss crime as both a social problem and a sociological problem. Crime is seen as a typical function of society. Crime doesn’t happen without society. It is created and determined by the surrounding society. According to the CSO, the number of dangerous and negligent acts committed between the years of 2008 and 2012 rose from 238’000 in 2008 to 257’000 in 2012.
According to the radical critique of law, how does law discriminate? Along with many other policies, the law also stresses on the discrimination which