Abstract The paper relates that the Constitution attempts to secure "justice for all", but goes on to explain that the definition of justice is often in conflict depending upon the viewpoint from which it is considered. The paper discusses the need for political justice and illustrates how politics can override social justice when the President only appoints Supreme Court justices with a specific set of values. The paper also deals with social justice as it relates to the gay community, disabled, women, people of a certain skin color or religion, or the aged and the issue of legal justice. The paper asserts that American citizens should not be forced to allow those in political or financial power to victimize or discriminate against them and strongly maintains that justice is served only if due consideration is given to all parties and all sides involved.
From the Paper "The concept of justice involves human relationships within society. As such, the term is fluid and flexible, always changing to accommodate the particular situation it refers to. Justice can for example refer to an outcome that is satisfying for all parties involved, while in other cases, society can be satisfied, but the perpetrator of a crime is punished and feels that justice is not served. In criminal justice, cases may also occur where the accused is wrongfully convicted, in which case society is satisfied, but in truth justice has not been served. Justice can also refer to social relationships. Social justice for example includes the way in which different sectors of society, such as men, women, people of different races, the disabled, etc. interact with each other. Social justice is not served when discrimination occurs. The Constitution attempts to secure "justice for all"."
This well-researched paper examines the juvenile justice system and its method of dealing with juvenile offenders which has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception.
Abstract This paper explores the history of the juvenile justice system, dating back to the 1820s and until the present. The juvenile justice system in dealing with juvenile offenders has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception. The writer of this paper contends that in certain cases juvenile criminals should be treated differently than adults who commit the same crimes and supports this claim by detailing eight possible justifications. One justification is that adults are responsible for their acts, whereas juveniles are not. Another justification is that juveniles are more pliable than adults and respond better to treatment and rehabilitation.
This paper also details various research which examines the history of the juvenile justice system from 1820 which found that when juvenile crime is determined to be high, the justice system responds with severe punishments and few rehabilitative approaches. This paper also discusses the current approach to the juvenile justice system and questions its effectiveness in dealing with juvenile offenders.
From the Paper "What the models or approaches have neglected up to this point is the importance of the victim and the community, accountability of the offender, and competency development. So far there has been the debate between punishment versus treatment as options, but both have negative side effects and essentially ignore everything else. The need for retribution may be satisfied by punishment, but the offender can be negatively affected. Punishment can undermine self-restraint, stigmatizes the offender and creates problems of adjustment, which encourages delinquency, to name a couple, but it also encourages offenders to focus on themselves, not the victim and their responsibility."
Tags: youth, crime, law, legal, justice, system, court, rights
Abstract This paper is an in-depth examination of the key arguments in the debate currently going on in Britain over whether or not to replace its adversarial system of justice and replace it with the inquisitorial system of justice now used in the European Union. The paper begins by defining both the adversarial and inquisitorial systems of justice. It then presents arguments in support of the Inquisitorial Model including that the system promotes equality; decreases miscarriages of justice; seeks to find the truth; argues that the judges in the adversarial system are poorly trained while its judges are chosen on merit. The author then presents their arguments against the use of the Inquisitorial Model and makes the following points about the inquisitorial system including that it ignores human dignity; that it will cause false imprisonment; argues that the European Union will be allowed to prosecute British Citizens and will therefore render British Law powerless; argues that it will lead to the destruction of the Magna Carta and finally, argues that the system can be costly. The author then presents a final evaluation of the materials presented and details their own conclusions as to which system is better suited for use in Britain.
From the Paper "Opponents of implementing the inquisitorial system argue the efficacy of the adversarial system. These opponents note that there are clear advantages to the current British system which include. The right of Habeas Corpus (that the accused must be taken to a public court within a very short period of time, usually 24 hours, and the accusers must produce their evidence then and there. The right to Trial by Jury at which jurors can in fact even disregard the law if they think it would give an unjust conviction. The jurors are thus 'sovereign'. If found innocent, the accused cannot be tried again on the same charge. (Corpus Juris and the Effect on British Common Law Rights)"
Abstract In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadian justice system. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginal peoples within the Canadian justice system and the third and last area revolves around the difficulty that Canadian law-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadian justice system.
Abstract The paper states that only the human species is known to inflict pain purely for retribution. The fact that justice and punishment for rule violations are evident in animals, and that different human cultures have defined justice, crime, and punishment in myriad, and often in mutually contradictory terms, suggests the need to establish objective principles for concepts of justice that are indeed just. The paper concludes that "justice" incorporates objective rules without basis, which reflect the strength to impose the will of the of those more powerful in society, over the less powerful. The paper also states that crime and punishment are exclusive to human societies, notwithstanding our current relative inability to administer those concepts uniformly and justly, in most human society.
Outline:
A Survey of Cultural Variation of Crime and Punishment Throughout History
Toward the Objective Standard of Justifiable Criminal Definitions and Punishment
Conclusion
From the Paper "In particular, purposeful actions on the part of society or dominant group of leaders to address unwanted behaviors or actions of the individual is apparent among many animal species, such as in relation to violations of established social and pair-bonding relationships and hierarchy of access to food and other natural resources (Gerrig & Zimbardo 2005). In certain primates, for example, group members risk both physical retaliation and elements of social exclusion if they are discovered by other group members to have hidden or failed to share resources by not disclosing its existence or location."
Abstract The paper explores human rights and equality legislation, sentencing options and the key principles of restorative justice. The paper explains how the conceptions of social and criminal justice differ in the way they conceptualise both the criminal and the crime. The paper then shows how in its present form, therefore, the legal system has largely negative consequences on the establishment and maintenance of social justice. The paper also points out, however, the many possibilities for allowing social justice to flourish.
From the Paper "The purpose of the legal system is to effectively administer the national law. Due to its very nature, the law aims to avoid ambiguity and thus offer a clear and set collection of rules and codes that are capable of universal enforcement. Although for decades there have been protracted attempts to include the ethos of social justice within this legal framework, the two concepts have often come into conflict with one another. The basis of social justice is that all aspects of society afford just and fair treatment for all, including that beyond the auspices of the law (Jordon, 1990) As such, the idea of social justice is capable of transmission to areas unavailable to the law."
Tags: human, rights, equality, legislation, sentencing, restorative, justice, social, work
Abstract This paper examines how John Rawls reworks his theses contained in his previous works with "Justice as Fairness: A Restatement". It looks at how Rawls' political philosophy is a modern formulation, presupposing a democratic foundation, which seeks to define justice as a purely political concept and how he attempts to divest the concept of justice as fairness from its moral underpinnings. It analyzes how Rawls reformulates the basic theories contained within his former works in order to distinguish the political from the moral or philosophical spheres.
From the Paper "Among Rawls? fundamental ideas is the concept of the basic structure upon which a democratic society is based. The basic structure is a cooperative, collective underpinning of a democratic society. As such, it is informed and rational, applicable to all citizens. Citizens of a just society are both free and equal, not judged on the basis of their gender, ethnicity, race, history, or economic class. The key to a fair, just, cooperative society is basically a social contract. This contract, like any other contract, is a mutual agreement between parties. Its aim is the common good, regardless of any differences or dissention between parties. Because pluralism is an inescapable and welcome facet of a democratic society, disagreement and dissention are inevitable."
Abstract This paper studies information systems integration in regard to the legal and justice systems of the nation. In our digital era, information has become a thread that provides an opportunity to tie the many aspects of our criminal justice process into a more efficient and effective system. This paper presents insights into the decision making process for justice information systems integration. The paper also discusses the technological advances, which create opportunities for each locality and state to develop a governance process that will serve as a viable solution for its own jurisdiction. At the same time, the paper assesses how these advances enable localities and states to simultaneously mesh with immediate and distant neighbors.
Table of Contents:
Executive Summary
Introduction
History
Expectations
Sentencing
Security
Conclusion
References
From the Paper "How will the modern day justice system become more efficient and possibly more successful in the twenty-first century and beyond? The answer is simple, the entire system will need to take advantage of the technological advances and focus its time, efforts and resources in a direction that will meet the objectives of the entire community. "Criminal justice integration is a prime example of using IT to solve problems and improve service to citizens. A survey of the Governors of all 50 states was conducted in the spring of 1999 to determine Governors top priorities for IT applications, and nearly every responding governor listed criminal justice integration as a major near-term priority." (Meyers, 2004) This system would alter the makeup of any single agency such as a prosecutor's office or a police department. These historically isolated entities would have the same information at their fingertips as any large governmentally supported agency once integration nears completion. "Project staff has developed a web-based modeling tool and a methodology to capture detailed information regarding the processes, events, agencies, information and exchange conditions associated with justice information integration, which was initially tested in five states: Colorado, Kansas, Minnesota, New Mexico and Pennsylvania, and has been introduced into over 20 jurisdictions." (The Justice Information Exchange Model, 2005) "
Tags: technology, justice, criminal, information, computer, network, security, internet
Abstract This paper explores the criminal justice system in Argentina. It looks at the historical development of the criminal justice system and examines the series of transformations of the criminal justice system over the decades, resulting in corruption, military uprisings, injustice and a culture of impunity. The paper looks at the junta and human rights oppression and violence.
From the Paper "The criminal justice system in Argentina like Argentina itself has endured a series of transformations overhauls purges and coups. At present it is impossible to evaluate Argentina's criminal justice system without simultaneously plumbing the murky depths of ..."
Tags: criminal justice, argentina, junta, dictatorship, due process
Abstract In this article the writer discusses Plato's concept of Justice and notes that it may differ a great deal from what we discuss as justice, in the present. The writer makes references to books 1-4,5, of "The Republic", professor's lectures, and several secondary sources, to explain that what is seen in Toronto with regard to youth violence is exactly what Plato sought to avoid. The writer explains that for Plato, justice was virtue and creative cooperation, as encouraged by the example of leaders. Further, the writer points out that it was a group consciousness and could not thrive where individualism or power relations had become more of interest.
From the Paper "Plato's 'The Republic' gives the reader a view of Plato's view of justice that may not be seen by the current reader as Justice, at all. Plato saw Justice as able to correct all that was wrong with Athens' democracy that he saw to be in decline. When reading Plato's remarks, it is interesting that what our time's North American society seems to see as 'good' in a democracy - as in a spirit of individualism and a focus on personal rights -- Plato saw as bringing about social decay."
Abstract Socrates' views are analyzed by studying a conversation between Socrates, Cephalus, his son Polemarchus and his followers. The author explains how Socrates enters into a philosophical dialogue with several different individuals who attempt to set down a firm definition of justice. Socrates then sets out to test and challenge their definitions"through his method of questioning and counter-examples"in an attempt to arrive at a more secure definition of justice, that which cannot be refuted.
From the Paper "Cephalus first raises the idea of justice with Socrates and then passes the debate on to his son, Polemarchus, to carry forward. In line with his father's arguments, Polemarchus develops the most basic definition of justice suggested in the Republic. He makes the claim that justice means simply to speak the truth and to give people their proper due; for example, old debts should be repaid. Justice also means treating people in accordance with their essential character. For example, Polemarchus concludes that if a certain individual is considered an enemy, that individual should meet with "something harmful" (26); if another individual is considered a friend, that individual should be treated well."
Abstract This essay analyzes the most significant political/philosophical implications of Socrates' discussion of justice as whole. The author examines Socrates' analysis of justice, his observations on how best to attain it, and his application of his philosophy in practical political and social terms.
Abstract This paper surveys the way negative race perceptions affect minorities in the criminal justice system in the United States, a system administered almost exclusively by white to protect whites. It discusses the issue of racial profiling. The lack of opportunity for racial and ethnic minorities to work in the criminal justice system are explored. The author argues for a more culturally diverse law enforcement system to ensure the fair treatment of minorities.
From the Paper "The National Association for the Advancement of Colored People (NAACP) argues that racial inequities in the criminal justice system arise because the system is administered almost exclusively by whites and ..."
Abstract The paper contends that any solution that hopes to revise the American criminal justice system must address five issues. The paper details these issues: A lack of racial parity in criminal justice, a lack of socio-economic parity, overcrowding in the courts, overcrowding in the prisons and the rehabilitation of the thousands of prisoners when they are released.
From the Paper "That the criminal justice system in the United States is biased is beyond dispute. Statistics abound that all confirm the same thing; if you are white and wealthy in the US, the odds that you will end up in jail are remarkably slim. Felony convictions send a disproportionately high number of African American and Hispanic men to prison, while their Caucasian counterparts remain free. The reasons behind this phenomenon are many - too many to be listed in this brief overview."
Abstract The paper contends that the criminal justice system in the United States, despite incredible investments of time and money, has ultimately turned into a failure. This paper charts some of the major failures of the criminal justice system, including racism, ideological changes, prosecutorial abuse, legislative interference, erosion of Constitutional rights and inhumane treatment.
From the Paper "Fifteen years ago, some social critics envisioned that the American justice system would have undergone a fundamental ideological shift by this time, a movement away from punishing criminals for crimes and towards reconciling conflicts between various parties (Stephens, 1989). This position recognized that the adversarial basis for the American justice system was ultimately flawed and fails to account for the complicity or responsibility that might exist across the lines of prosecution and defense. Stephens (1989) argued that the court system in the United States is far too impersonal and ineffective at preventing the future occurrence of crime."
