Abstract This paper explains that justice is defined as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward; whereas, law is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. The author points out that justice and law both aim at order and stability in society and the promotion of the highest welfare of the individuals in that society. The paper relates that the philosophy of law, which applies to Ann Hopkins' case, is stated by Oliver Wendell Holmes: Justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation; however, a set of rules is needed to make society function and these rules must be carried out.
Table of Contents
Case # 1: Paul Cronan vs. New England Telephone Company
Case # 2: Ann Hopkins
Case # 3: Ashland Oil, Inc.: Trouble at Floreffe
From the Paper "Law is founded on the natural law and positive law. Natural law deals with the doing of good and avoidance of evil, in keeping promises, telling the truth, compensating for injuries. Its standards are fairness and justice. Positive law is the set of rules agreed upon by the authority. It derives from common legal heritage, the court system and decisions, executive decrees and orders, legislative rules and laws and resolutions issued by the bureaucracy. It focuses more on order and stability and less on fairness and justice. However, natural law and positive law sometimes come in conflict, as in the issues of slavery, ownership of property, voting restrictions and racial segregation."
An analysis of how the issues of law and justice are presented in works by Martin Cruz Smith, William Shakespeare, Karl Marx, and the film, "Casablanca".
Abstract The 1980's crime novel, "Gorky Park", by Cruz Smith, Shakespeare's "problem" play, ?Measure for Measure,? Marx and Engels's political manifesto, "The Communist Manifesto", and the World War II Warner Brothers motion picture, "Casablanca", all ask, at their respective narrative and philosophical hearts, the fundamental human question: What is justice? The paper shows that all grapple with the issue of how best to create a truly just society rather than one that is only superficially just. They ask, for example, whether just men and women or a just system of laws produce fair and equitable societies. Also, whether a fair code of laws or good people attempting to do what is right within any particular moral context is more important. The paper shows that, despite having been produced during different times and for different purposes, these four works form a textual unit that may be analyzed as argument by the critically inquisitive reader. Taken as a whole, this package of textual materials argues that the formulaic construction of law and government are meaningless, and the acts of good human beings alone can construct a truly just society.
From the Paper "Marx and Engels called upon the reader, the member of the working proletariat, to respond to the text out of the outrage of his or her unjust experiences within the capitalist systems. The system must be changed, these authors counsel the reader. However, even these supreme advocates of systemic rather than personal and psychological change, must call forth within the reader a sense of sustained emotional outrage within his or her breast, without which no change would be possible. ?All that we want to do away with is the miserable character of this appropriation, under which the laborer lives merely to increase capital, and is allowed to live only in so far as the interest of the ruling class requires it.? (Chapter 2)"
Abstract The paper examines a number of issues. Specifically, the paper provides a definition of justice as it pertains to law enforcement and it examines the extent to which justice and American policing co-exist peacefully. The paper also examines the controversy surrounding various police practices in recent years and explores the issue of whether or not 9/11 is wholly responsible for the changes which have taken place. Finally, the paper briefly concludes with what the challenges facing American law enforcement are in the years ahead and what can be done to overcome these challenges successfully.
From the Paper "Law enforcement in America is inextricably linked with the administration of justice. For example, if law enforcement is weak, then justice will not be served for victims and for their families. The following paper will define justice as it relates to law enforcement and outline three current practices of law enforcement which demonstrate the "successful achievement" of the aforementioned definition. The paper will also examine whether or not all parties would agree with the contention that the above practices demonstrate the proper administration of justice; additionally, the paper will consider the possibility that they may, in fact, lead to injustice. Proceeding onward, the paper will note how law enforcement has changed since September 11, 2001, whether these changes have been positive or negative, worthwhile or necessary and whether or professionals within the field have been concerned by their emergence."
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 explores how the public views the criminal justice system in the United States. The paper presents a history of the judicial system and reviews how the American public has gradually become less satisfied with the justice system specifically but also with general government institutions as well. The paper presents issues that relate to the judicial system, including crime levels, society expectations and political aspects. Finally, the paper offers suggestions for improving the system thereby increasing public approval.
Contents:
Introduction
Public Perception of the Legal System
Rule of Law Judicial Independence
Equal Justice Under the Law American Example of Justice to the Rest of the World
Personal Experience
References
From the Paper "Concern over recent challenges in the state and federal courts against individual judges, and concern over challenges undermining the authority of the judiciary as a whole, has reached a serious level. Challenges to judicial independence at the federal and state level include the unwarranted criticism of the judges; single issue campaigns against sitting judges; inadequate funding of the judiciary; judicial recall elections; proposed term limit constitutional amendments; partisan
delay in confirmation of federal judicial nominees; threats of impeachment and calls for resignation; and reductions in state and federal sentencing power and discretion."
Abstract This paper begins by addressing the question of whether a B.A. degree should be a prerequisite for promotion in the criminal justice field (law enforcement). It then examines the advantages vs. disadvantages of distance learning in law enforcement. The paper then moves to the sensitive issue of racial profiling in the criminal justice field, as opposed to the civilian world. The writer concludes with a discussion workplace motivation in a law enforcement agency.
From the Paper "Many would argue that practical learning and field experience is more valuable and practical than a baccalaureate degree in any field for a promotion. The reasoning behind this relates to the idea that practical experience is by far more valuable than classroom experience. Research proves that many a CEO and President of a company or law enforcement agency in fact gained the majority of their experience from on the job training or life experience, not a classroom environment. However, what of a Baccalaureate Degree? Do such candidates truly have an advantage over others in any field?"
Abstract The paper details the practical experience the writer has gained by working for a public interest community-oriented law firm focused upon advocating social justice. This experience convinces him/her that law firms can ensure justice for all by empowering the victims of injustice. As an intern at this law firm, the writer has seen our attorneys defend the rights of people who have been treated unjustly by landlords, financial institutions, the police, adoption agencies, corporations and businesses. Most importantly, the writer has seen that if public interest law firms don't defend the poorest victims of injustice, no one will.
Abstract This paper explains that social justice is a system of laws, norms and sanctions that are put into place according to the form of government. The paper looks at two types of social justice called restorative and traditional, or 'retributive' justice, and compares their effects on criminals and society. The paper also looks at how philosophers viewed social justice, including the philosophy of Nietzsche. Finally, the paper shows how the social justice system deals with issues such as capital punishment and mental illness.
From the Paper "Justice is an ambiguous term that refers to a sense of equality and 'fairness'. Social justice refers to the way in which this ideological term is put into practice. At its most basic level, social justice is the way in which a community is governed: the laws, norms and sanctions that are put into place according to the form of government. Applying the universal law of freedom and the basic worth of man principle toward the establishment of community means providing the individual with the choice between moral law and the intentions of the individual. It means giving the individual free will to choose between the 'shoulds' of society and the 'wants' of their nature, trusting that the individual will choose the path of justice. The concept of restorative justice is based on these concepts."
Abstract This paper provides a complete overview of The National Institute of Justice (NIJ) - a federal agency that provides research and assistance on law enforcement issues to a wide variety of law enforcement and crime prevention units across the United States. The paper explains how this organization conducts research in different communities, through police departments and by other means in order to ascertain what crime problems a community may face and how that community can address those problems before they become too difficult to handle. The paper analyzes several of the guides which the NIJ puts out on all subjects and in all fields, such as "Crime, Criminal Justice and Criminology in Post-Soviet Ukraine", "Flammable and Combustible Liquid Spill/Burn Patterns" and "Early Warning Systems: Responding to the Problem Police Officer".
From the Paper "In order to assure that this search for and preservation of evidence is conducted in an effective manner, procedures have to be put in place so all personnel know what steps to follow and so everyone knows how the evidence has been preserved. This also helps preserve the chain of evidence that can be so important in court. Electronic evidence is latent evidence stored on a computer, and this makes it the same sort of evidence as fingerprints or DNA. It is also fragile because it can be altered or destroyed if it is not handled properly. This means that special precautions must be implemented to document, collect, preserve, and examine this kind of evidence, and the NIJ guide covers these topics to help protect the integrity of the evidence.
The guide emphasizes that this is all the more important because this kind of evidence poses special challenges to be admitted in court, and the procedures to protect the evidence for court are also covered."
Abstract The paper begins by defining the criminal justice system, ethics and morality and then explores the relationships between them. It continues to philosophize over morals, ethics and right and wrong behavior. In conclusion the author summarizes and links the criminal justice system and its ethics.
Table of Contents
Relationships of Criminal justice system, ethics and morality
What are morals and moral behavior?
Morality of law What are ethics and ethical behavior?
Moral questions in criminal justice The difference between right and wrong
Conclusion
References
From the Paper "Heated arguments went on and the concerned professor went to the dean to find out what action he should take. This led to a discussion among the faculty as the dean himself was not sure. Among the faculty there were many justifications given for lying, and business was compared to poker and people knew that there would be bluffing. Some others felt that there were no absolute values and morality depends on the consequences that follow from the action. According to this logic the executive should have lied. The other action may cause harm to the airline as it may collapse, and then there would be an effect on shareholders, employees and creditors, etc. Others said that telling of truth will lead to an increase in sales later while telling lies will lose sales, and that is the reason that telling truth was a good idea. Among the lot, only two members said that telling truth was essential as it was an absolute moral requirement and that is the reason why the executive had no other option. (When It Comes to Ethics, B-Schools Get an F) This total loss of moral senses is bound to have an impact on criminal justice within the country."
Abstract This research paper examines the criminal justice system of China. It includes such elements as a brief identification of the geographic, historical, political and cultural nature of China. It also examines China's criminal justice system, its development, organization and how it deals with crime. In addition, the paper also takes a look at China's criminal justice system through a hypothetical setting, Jamal T. Kurk. Jamal's background is explored to assess what he did, and the charges brought against him. To conclude, the paper offers a solution to the United States Attorney to allow Kirk to be successfully arrested and extradited to the United States for arraignment. Several appendices, which contain relevant maps, tables, charts and pictures are included with this paper.
Outline:
Introduction
China's Criminal Justice System
Politics
Political Parties
History
Cultural Nature
Development
Organization
How China Deal with Crime
Legal Rights
Crime in China
Legal Age of Responsibility
Punishments
Sentencing Process
Types of Penalties
Prisons
Crime Statistics
Extradition Laws and Treaties
Hypothetical Scenario of Jamal T. Kurk
Counter-terrorism Efforts
Additional Challenges
Interpol
Red Notices
Recommendations
Conclusion
Appendices
From the Paper "In the past, there was no jurisprudential distinction between criminal and civil law. Civil disputes dealing with land and family matters were generally settled through mediation. In traditional China, the emperor was vested with judicial, executive, and legislative powers. The laws created by the emperor were binding on all of his subjects, but the same law did not bind the emperor. The emperor was the supreme judicial power, and as such, could modify the judgments given by lower judicial authorities, determine the guilt of accused individuals, and dictate the penal sentence."
Abstract The paper discusses and explains the differences between substantive and procedural law and substantive and procedural due process. The paper then examines its applications to policing structures world wide, juvenile delinquency and the American criminal justice and policing system.
Outline:
Substantive vs. Procedural Law Various Forms of Police Structures Throughout the World
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
From the Paper "There are varying policing structures throughout the world, including those in Japan that emphasize a more empathetic and rehabilitative policing structure, where police agents are encouraged to take on a more parental role in rehabilitating criminals, to that of a more socialized policing system, as that in China, where crime is addressed under more stringent and directed manners (Weiss, 2000). In Poland, the criminal justice system is described by Weiss (2000) as one that is privatized, represented by "growing state repressive arsenals" where corporations and individuals have more control over security and where policing takes on many different forms, reflecting formal state sanctions throughout regions of Poland (p. 1). This compared with private security firms in China that operate more as "wholly owned subsidiaries of the state Public Security Ministry" (Weiss, 2000, p. 1). Privatization is a model used in many countries aside from Poland, including in Brazil, and is often used to "deconstruct the political and state-organized nature of violent social control" many associate with other forms of policing (Weiss, 2000, p. 1). Many suggest that privatization is the key to promoting less violence, however, there is the possibility of increased brutalization and terror under such systems. "
Abstract This paper discusses the relationship and interaction between public law enforcement officers and the private security industry. In particluar, the paper looks at how, even though the relationship between the two entities has improved over the last decade with the assistance of liaison programs, there is still improvement needed especially with the expected rise of terrorism in the future.
Table of Contents:
Introduction
Interacting with Components of the Criminal Justice System
Law Enforcement Officers vs. Corrections Officers
Interacting Within Their Own Ranks
Law Enforcement vs. The Private Security Industry
Teamwork and Law Enforcement: Integration
Integrating Public Law Enforcement vs. Private Security
Improving Relations Between Law Enforcement and Security
Liaison Programs to Improve Relations
Conclusion
From the Paper "Law enforcement historically has an attitude of "us vs. them" mentality when it comes to performing their duties when they should be working on ways to co-exists with other factions of the criminal justice system. While it is understood that public law enforcement officers do not have an easy job, public law enforcement officers need to understand that they are not the only ones out there doing the job of protecting lives and property of the public. The other components of the criminal justice system such as the court system, corrections and even private security officers do so as well. Great strides have been made to improve integrating cooperation of law enforcement officers with the other components of the criminal justice system, in particular the private security industry. However more improvement is needed for cooperation between the two entities as our society faces bigger threats in the future."
This paper analyzes Randall Kennedy's book "Race, Crime and the Law," which presents an in-depth look at how issues of race link to crime and law enforcement.
Abstract This paper examines the views and opinions of author Randall Kennedy, a Harvard law professor, regarding the correlation between crime and race. This paper explores Kennedy's argument which states that the field of law enforcement in America is largely considered racist, especially by the African-American community. This paper analyzes the results of an investigation carried out by the author, which focuses on the issue of racial inequality in the justice system, which is largely overlooked. Kennedy's in-depth book details the numerous problems in the justice system, while also suggesting solutions. This paper delves into Kennedy's assertion that officials in law enforcement must be forced to respect the rules prohibiting racial misconduct, while also stating that police and prosecutors engaged in illegitimate racial practices must be deterred from continuing to do so. The writer of this paper also reviews the author's particular style of writing, which, in the case of this book, appeals mainly to a white audience.
From the Paper "It must also be noted that Kennedy does not ignore serious issues of racial discrimination. However, he does frame them so the problems seem to be a result of a system or of the individuals in that system, rather than of society itself. A good example is seen where Kennedy describes abuse of power. Kennedy describes how police officers and judges can abuse their power and engage in racial misconduct. The abuse of power occurs because they are able to engage in this behavior unchecked. The emphasis is placed on controlling the behavior of those in power and maintaining standards. Kennedy argues that if standards and control are not maintained, then people can abuse their power without consequence of any action being taken. This creates a situation where complete control is lost, with this extending to problems greater than just racist behavior."
Abstract In the book, "Doing Justice", by Andrew Von Hirsch, the theory of retribution is re-addressed. The writer points out how it is Von Hirsch's belief that the purpose of the penal system is to provide punishment proportionate to the crime. The paper explains how the book takes retributivism one step further, arguing that the criminal who breaks the law is taking advantage of the law-abiding citizen and that a proportionate punishment restores the balance to society. It proposes that both benefits and burdens of the system would be limited if the time spent incarcerated was limited.
From the Paper "Justice is an ambiguous term that refers to a sense of equality and 'fairness'. Social justice refers to the way in which this ideological term is put into practice. At its most basic level, social justice is the way in which a community is governed: the laws, norms and sanctions that are put into place according to the form of government. With criminal behavior, the issues of safety and moral decision-making become an important component of the debate. If crime is considered an environmentally caused event, as opposed to a personal characteristic and, or, choice, then the type of system is needs to be re-evaluated and reconstructed. The importance of commitment in conventional social control is well established, however, there has recently been an increase in interest and a 'reframing' of many of the core concepts associated with "the need to settle a score" or punishment. Commitment has come to mean the same thing as incarcerated when viewed from certain philosophical tenets."
