Origins of Concepts of Justice

2088 WordsOct 10, 20109 Pages
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.…show more content…
• 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
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