Chapter 4
The Origins and Concept of Justice
Chapter 4 Contents
Origins of the Concept of Justice
Components of Justice
Distributive Justice
Corrective Justice
CHAPTER OBJECTIVES
1. Know the definitions, concepts, and origins of justice
2. Understand the components of justice including distributive, corrective, and commutative.
3. Be able to define procedural and substantive justice.
4. Understand the difference between the utilitarian rationale and retributive rationale under corrective justice.
Professionals in the criminal justice system serve and promote the interests of law and justice. An underlying theme of this chapter is that the ends of law and justice are different—perhaps even, at times, contradictory.
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• Mens rea (intent) and capacity.
• Victim precipitation (but not who the victim is supposedly).
• Rawls: only when punishment can be shown to benefit the least advantaged (the victim) can it be justified.
• Mercy – different from desert. o Utilitarian Justice
• Punishment is to deter offenders from future crime.
• Caesare Beccaria & Jeremy Bentham (hedonistic calculus)
• Measure to determine the amount of punishment needed to deter
Procedural Justice
• Law includes the procedures and rules used to determine punishment or resolve disputes.
• The law is an imperfect system.
• “Moral rights” may differ from “legal rights,” and “legal interests” may not be moral.
• Review Bill of Rights (what does it say about rights? Note: Amnd. 9 & 10).
• Due process exemplifies procedural justice. o Notice of charges. o Neutral hearing body. o Right of cross-examination. o Right to present evidence. o Representation by counsel. o Statement of findings. o Appeal.
• Illegal detentions? o Clark v. Martinez, (2005) the Supreme Court held that the government may not “indefinitely” detain illegal immigrants, even if they have been found guilty of a crime. o Hamdi v. Rumsfeld, (2004), the Supreme Court held that an American citizen could not be held indefinitely as an “enemy combatant” without some form of due process. o Rasul v. Bush, (2004), the Supreme Court held that those being held in Quantanamo Bay were subject to the
What was the court’s decision in the case? What reason did they give? What landmark case did they cite?
Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.
Criminal justice practitioners are necessary for a civilized society. Without those who form boundaries to our freedom, and the ones that reinforce those laws, our community would be chaos. Some of the main social issues our society faces are drug abuse, gang violence, child abuse, and terrorism. The criminal justice practitioners face these types of issues daily. These professionals must act on the morals and laws stated by society rather than their own opinions, sometimes facing hard decisions. The criminal justice field is always active and busy, dealing with countless amount of criminal activity throughout the country.
Under Article 1, section 9 of the constitution ‘the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it.’ Habeas Corpus is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. Although many people may state that the bombing of Pearl
Was a United States Supreme Court case that ruled that the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. It was also
3a. Read the excerpts from the U.S. Constitution and the Bill of Rights located in Appendix A. Then answer the following questions:
In Padilla v. Rumsfeld, an American citizen was arrested in Chicago as he stepped off an airplane. Federal authorities received a tip that he was planning on conducting a terrorist attack using a dirty bomb. However, they did not have enough evidence to arrest him on the charge of terrorism and was subsequently held as a material witness. He was transferred to military custody and was sent to a prison in South Carolina. Over the next several years, his attorney's sued to the federal government alleging that he was being held without due process of law. In 2012, the Supreme Court denied to hear the case. They referred the matter back to US Court of Appeals. They dismissed the case, based upon the fact that the plaintiff's attorneys named Rumsfeld as the defendant. Instead, they should have named the military commander of the prison as the defendant. This means that the government can still hold onto Padilla and that his attorneys will have to re file using the proper procedures. ("Padilla v. Rumsfeld," 2012)
To reiterate, these cases reinforce our founding fathers vision, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Each of these cases brings are nation closer and closer to the fruition of their dream for the nation.
Another major factor that led to the decision of the jury is the fact that American prisoners of war suffered in
After many people were imprisoned in Cuba under the United States Navy, the Supreme Court discovered that this was a legitimate issue.
The reconsideration in r vs grant (2009) the court in grant also made it clear for the first time that an unlawful detention is necessarily arbitrary under Sec 9 the supreme court held that the accused was detained without reasonable suspicion and that his charter right was SS9 and 10 B had been violated .
This class is the first in my major of Criminal Justice, and throughout this class there will be a great deal of valuable information obtained. Justice can have several meanings to it because all of us are different in our own way, and we all will have different outlook on situations. Throughout this research paper you will learn about what justice means to me, and how I think I will impact society once I achieve my bachelor’s degree in Criminal Justice. Secondly, you will be able to compare with the remaining of the class mates to see exactly how many of our views are the same or different. Last but not least, there will be at least two
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
In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states
I. Thesis: While all of humanity should practice principles of equality, solidity, and human rights, it is extremely imperative that the corrections professionals and the criminal justice system come together at large to build a more just society. The Constitution of the United States ensures corrections professionals uphold the law in an ethical manner.