Module 1 Reflection help

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Ethical Dilemmas and Decisions in

Criminal Justice Tenth Edition

Chapter 3 Justice and Law

Learning Objectives

1. Describe the three themes included in the definition of

justice.

2. Define Aristotle’s distributive and corrective justice.

3. Distinguish between substantive and procedural

justice, including how procedural justice impacts

wrongful convictions and perceptions of racial

discrimination.

4. Explain the concept of restorative justice and the

programs associated with it.

5. Describe civil disobedience and when it may be

appropriate.

Introduction

• Three themes when discussing justice:

– Fairness

– Equality

– Impartiality

Origins of the Concept of Justice

• The concept of justice originates in the Greek word dike,

which refers to everything staying in its proper place.

• Plato believed justice was achieved by maintaining the

social status quo. He classed it as one of the four civic

virtues (along with wisdom, temperance, and courage).

• Aristotle believed justice was the basis of law, defining it

as the unwritten customs of a people that distinguish

between what is and is not honorable.

Distributive Justice (1 of 4)

Justice involves rightful possession of:

Economic goods (income or property)

• Opportunities for development (education or

citizenship)

• Recognition (honor or status)

Since some possessions are scarce, justice requires that

goods be distributed using standards of entitlement such

as need and desert.

Distributive Justice (2 of 4)

Various theories can be categorized as:

• Egalitarian theories

• Marxist theories

• Libertarian theories

• Utilitarian theories

Distributive Justice (3 of 4)

Rawl’s theory of justice:

• Each person is to have an equal right to the most

extensive total system of basic liberties compatible with

a similar system of liberty for all.

• Social and economic inequalities are to be arranged so

that they are both reasonably expected to be to

everyone’s advantage and attached to positions and

offices open to all.

Distributive Justice (4 of 4)

Criticisms of Rawls

• The veil of ignorance cannot counteract human

selfishness and self-interest.

• Preferring the least well-off is bad for a society; leads

to lack of incentive, decline of standards.

• Rawls’s approach to distribution ignores desert and

merit.

Corrective Justice (1 of 4)

• Substantive justice: refers to issues of inherent fairness

– Retributive justice: balance

▪ Concept of mercy

▪ Sanctuary allows a person respite from punishment

within the confines of church grounds.

– Utilitarian justice: only supports punishment if it benefits

society

Corrective Justice (2 of 4)

• Procedural justice: steps taken to reach determination

of guilt or punishment

– Herrera v. Collins (1993)

– In re Troy Anthony Davis (2009)

– Holland v. Florida (2010)

Corrective Justice (3 of 4)

Procedural Protections

• Notice of charges

• Neutral hearing body

• Right of cross-examination

• Right to present evidence

• Representation by counsel

• Statement of findings

• Appeal

Corrective Justice (4 of 4)

• Procedural justice research

– Illustrates importance of procedural justice as it affects

legitimacy of entire justice system

– Elements of procedural justice:

▪ Voice

▪ Neutrality

▪ Respect

▪ Trustworthiness

Wrongful Convictions (1 of 2)

• One reason people distrust justice system

• National registry of false convictions created by

University of Michigan Law School and Center on

Wrongful Convictions at Northwestern University

School of Law

• Innocence Project

Wrongful Convictions (2 of 2)

• Reasons for false convictions

– Defense lawyers’ incompetence

– Suppression of exculpatory evidence

– False/mistaken eyewitness identification

– Invalid forensic science

– Informant/jailhouse informant perjured testimony

– Government misconduct

– Bad lawyering

Race, Ethnicity, and Justice

• Perceptions of blacks and whites differ regarding the criminal justice system.

• Race permeates the criminal justice system.

– Disproportional representation of blacks in certain crime categories

– Racial profiling by police

– Lack of access to competent attorneys

– Disparate sentencing

• Blacks disproportionately responsible for crime, leads to:

– Racial profiling

– Saturation patrols

Restorative Justice

• Emphasizes compensation over retribution

• Returns focus to rights and needs of the victim

• Requires restoration of victims, offenders, and

communities injured by crime

• Integrates victims, offenders, and communities more

into the justice process

• Leaves government responsible for order, but makes

community responsible for peace

Immoral Laws and the Moral

Person (1 of 2)

• Immoral laws deprive certain groups of liberty or treat

some groups differently, giving them either more or

fewer rights and privileges than other groups.

• Unjust laws have the following characteristics:

– They are degrading to humans.

– They are discriminatory against certain groups.

– They are enacted by unrepresentative authorities.

– They are unjustly applied.

• Most ethical systems condemn such laws.

Immoral Laws and the Moral

Person (2 of 2)

• Civil disobedience: voluntary disobedience of

established laws

• Milgram experiments

• Widespread belief that law is synonymous with morality

Discussion Questions

1. How do the Egalitarian, Marxist, Libertarian, and

Utilitarian theories apply to the wide disparities in

salaries found in the United States? See Box 3.1 for

CEO salary examples.

2. Explain your thoughts on media coverage of police

shootings with respect to the race of the shooters. Do

media outlets cover incidents differently?

3. Can you think of a scenario in which restorative justice

would not be the best approach? Why?