Observers have noted in recent years a shift in government policy toward what is perceived as ‘redressing the balance’ in criminal justice, to be more advantageous to victims and less so to the accused. (have implications for current exclusionary rules)
Public policy prevents restitution in favor of a person who, whether or not by agreement with or at the request of another, has committed a seriously wrongful act. It is a matter for judicial discretion to determine whether an act is so seriously wrongful as to bar restitution under the particular circumstances. Normally consciously criminal conduct
Rooted in our civilization, restorative justice was once viewed as a sin against a sovereign society of a King, Queen, or Emperor. Albert Eglash (1975) first articulated restorative justice over retributive and rehabilitative justice, an indeed search for the original status of security of the victim’s feelings. Restorative Justice, a more victim-centered aspect of punishment than the offender, however, the victim should consider, what it is that restorative justice will restore to its original state of security, and would it be enough justice that the victim seeks.
Structural injustice in the criminal system can occur due to an individual’s implicit bias affecting their discretionary actions; however, the central question rests in who bears the moral responsibility of this injustice? In my opinion, individuals and sovereign institutions share the moral responsibility for the structural injustice that results when implicit bias influences discretionary actions in the criminal justice system, but the greater responsibility is vested in officials with authority who possess the capability to prevent future inequities. In support of my position, I will explore why individuals do not bear all the blame, why sovereign institutions are more accountable, and I will address the counterargument that the
This is not further prove the theory that laws are only meant for the poor. It is about putting crime in the proper and equitable settlement for all involved. (Lefkowitz 323)
Retributive justice has long been the established form of addressing injustices in society. This method refers to controls
James Dignan’s concepts related to offenders, but mostly, related to victims. In his work “The victim in restorative justice” (2007), he argues that restorative justice “has a tendency to focus primarily on offenders and reconviction rates rather than on victim-related concerns” (p.309). Dignan goes on explaining that only after Braithwaite’s theory became more developed in Australia and New Zealand, the role of victims became clearer (Dignan, 2007). He says that there are beneficial distinctions between reciprocal benefits and one-sided benefits, depending on the interaction of the
Re-integration not segregation might be said to be the moral centre of restorative justice. Daly and others see it, as at least in part, a feminist issue, with the role of the state being a dominating masculine presence, which is in essence aggressive to both victim and offender, and a change in this dynamic must occur to allow inclusiveness (Daly,2008).
The court of appeal in Akindele briefly referred to a new approach to the personal liability of a recipient known as the unjust enrichment approach. This approach does not disregard the issue of dishonesty entirely, rather it restricts the issue of dishonesty to the application of the change of position defence in that only an innocent recipient can avail themselves of this defence .
Merit Pay is a topic of investigation because even though it rewards great teachers many lawmakers, educators, and teacher’s union are opposed to it.
1. Does the fallibility of the system—the fact that “minority reports” suggest that some few of those treated as murderers had a “possible alternative future” in which they would not actually have committed the crime— make that system morally unjustifiable according to Act Utilitarianism?
This essay will consider what legal punishment is; it will draw a distinction between the two main categories.[3] It will focus on utilitarianism
Write a 1200-1500 word paper that describes a strategic compensation plan for machine operators at Plastec Company. Refer to the description from the week 3 assignment. Include at least 3 referenced articles and cite them as appropriate. This paper should at a minimum address the following:
To begin with, it is necessary to say that punishment is an integral part of modern countries’ legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is to
Holland Enterprises is on a new strategic direction, to attract and retain the most talented employees and to reduce turn over. Human resource department has came up with a new compensation plan. In the propose compensation and benefits system plan , I will explain a new compensation plan for Holland Enterprises, also I will explain the components of the compensation and benefit system plan in order to attract and motivate employees to be productive . In order for the compensation and benefits system plan to be operational, the package should include a necessary level of compensations to fulfill basic needs, equity with the external labor market, equity within the organization (Henderson, 2006).