Justice And Injustice In Criminal Justice

Biological Theories have been related to crime for a long time. The Biological Theory talks about how one’s brain has an impact on committing crime or not. Dr. Jim Fallon, a neuroscientist from California talks about the biological influences in a brain. He believes that the combination of three major aspects can determine whether someone is psychopathic or not. Fallon states a combination of genes, damage to the person 's brain and the environment surrounding the individual will have the biggest impact on a person (Fallon, 2009). A real world example of the biological theory in full effect was the crimes of David Berkowitz, aka “Son of Sam. Berkowitz was accused and found guilty of killing over 6 people in New York City. After being convicted and locked up for a few years, studies had shown that Berkowitz had been diagnosed with schizophrenia. Berkowitz also claimed that his neighbor’s dog, Sam had told him to do the killings as well (Biography). Comparing the Biological theory to my own life was pretty simple because there is a genetic factor that runs in my dad’s side and that is tempers. Tempers tend to flare fairly easy, and luckily so far there has no issues with the law, however like Fallon had said, with the right combination, anyone is possible to commit a crime at any time. I feel like in a biological theory, this would have a major impact on my life

In The Republic, the great philosopher Plato attempts to reveal through the character and dialogues of Socrates that justice is better when it is the good for which men must strive for, regardless of whether they could be unjust and still be rewarded. His method is to use dialectic, the asking and answering of questions. This method leads the audience from one point to another, supposedly with indisputable logic by obtaining agreement to each point before going on to the next, therefore, building an argument.

A conspiracy theory is a theory that argues that the rich and those with power seek the make sure the criminal justice system fails because they benefit from that failure. Conspiracy theories are hard to be proven and for it to succeed, it has to be kept a secret. There’s no credibility in the sources due to the degree of secrecy. Conspiracy theories are invalid because it doesn’t correspond with how people behave most of the time. The Pyrrhic defeat theory isn’t a conspiracy theory because the theory bases itself on why the criminal justice system fails and that’s due to our own shortcoming of not trying hard enough to prevent it.

The U.S. corrections system, a subdivision of the criminal justice system, continues to undergo change. From its beginnings as laws written in stone, the corrections system has sought to punish offenders. The origin of the corrections system dates back several thousand years and has witnessed various perspectives and goals. The best method of administering punishment to these prisoners has remained an issue of dispute for many years. Events through history, such

Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.

What does it mean to provide justice? Criminal justice is a term that is often used to describe topics such as the procedure by which criminal conduct is investigated, charges brought, arrests made, evidence gathered, trials conducted, sentences rendered and punishment carried out. The “British philosopher and statesman Benjamin Disraeli (1804–1881) defined justice as “truth in action.” A popular dictionary defines it as “the principle of moral rightness, or conformity to truth (Schmalleger F., 2013).” Justices is the process of making those who have been wronged whole. It is the process of giving the victims the relief, that the wrong doer is being punished for their unlawful actions. Was justice applied in the scenario discussed Dale and Mike Parak case, the answer is both yes and no (Schmalleger F., 2013). Yes, because Dale did commit a crime when he choose to use the 38-caliber revolver to complete the suicide. Mike did not agree to death by gun so there for this is an act against his will. Both participates agree to death by tranquilizers neither Mike nor Dale gave consent to use a gun. No, because the charges that where filed against Dale where incorrect (in my opinion). The charges where elements for 1st-degree, premeditated murder are 1) the unlawful killing; 2) with malice aforethought; 3) of another human being. The element that must be present to charge one with 1st-degree is when one kills an individual without lawful justification. “In order to convict of

A right to be free from unreasonable searches and seizures is declared by the Fourth Amendment, but how one is to translate the guarantee into concrete terms is not specified. Several possible methods of enforcement have been suggested over time; however, the Supreme Court has settled, not without dissent, on only one as an effective means to make real the right.

the juvenile portion of the criminal justice system. The article found that, “black youth were

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

The inequality or equality of black Americans in the criminal justice system have been rigged for a long time.Therefore, I think there is injustice in police killings of blacks, and the sentencing of blacks, and how they are put there, while waiting for trial.

Next we should contemplate the question of who is to decide what actions are just vs. unjust. In today's society the most significant proponent of justice would be our criminal justice system. This system produces just as much justice as it does injustice. Many people would argue with about this point. We are supposed to trust the people and the system we have chosen to represent our society. They are responsible for keeping society safe and for punishing those who do harm. Yet in recent years we

The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.

Crime may simply be referred to as an offense against the state or against morality and is punishable by law, while justice is the fairness practiced during judgment of cases usually in instances where crime has taken place. Crime and justice go hand in hand as commonly evident in a case whereby a criminal is apprehended and taken to a court of law, then a ruling of justice practiced on the case and fairness used in passing of judgments. In most governments globally, crime and justice is managed by a criminal and justice department and typically, various departments are involved. These departments may primarily include; the police, the prosecution department, the law department, the correctional

Over the decades, the concept of justice has been continually evolving. This is occurring based upon different moral or legal interpretations. Evidence of this can be seen with observations from Burke (2011) who said, "Few things are of more importance to a society than its concept of justice. This is because it is justice that provides criterion for the legitimate use of force. In the name of justice people are detained, arrested, handcuffed, put on trial and punished. This concept is used to provide every society with some kind of social order. Over the last 200 years, a revolution has taken place with these principles. Our idea of it is what we employ, when dealing with ordinary individuals in daily life including: making agreements, paying bills, resolving disputes and putting criminals in jail. This is a concept that is as old as recorded history and it is familiar to people everywhere. What makes it so unique is that these ideas are constantly changing which focuses on society as a whole and how people are interacting with each other. " (Burke)

Communitarian critics of Rawls have argued that his A Theory of Justice provides an inadequate account of individuals in the original position. Michael Sandel, in Liberalism and the Limits of Justice argues that Rawls' conception of the person divorces any constitutive attachments that persons might have to their ends. Hence, Sandel asserts that Rawls privileges the standpoint of self-interested individuals at the expense of communal interests. I do not find Sandel's specific criticisms to be an accurate critique of what Rawls is doing in A Theory of Justice. However, this does not mean the more general thrust of the communitarian analysis of Rawls' conception of the person must be abandoned. By picking up the pieces