Moral and Ethics
Kila
Pollock_Ethics_10e_Ch03_PPT.pptxEthical Dilemmas and Decisions in Criminal Justice
Tenth Edition
Chapter 3
Justice and Law
© 2019 Cengage. All rights reserved.
© 2019 Cengage. All rights reserved.
1
Learning Objectives
Describe the three themes included in the definition of justice.
Define Aristotle’s distributive and corrective justice.
Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
Explain the concept of restorative justice and the programs associated with it.
Describe civil disobedience and when it may be appropriate.
© 2019 Cengage. All rights reserved.
Introduction
Three themes when discussing justice:
Fairness
Equality
Impartiality
© 2019 Cengage. All rights reserved.
LO 1: Describe the three themes included in the definition of justice.
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.
© 2019 Cengage. All rights reserved.
LO 1: Describe the three themes included in the definition of justice.
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.
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
Distributive Justice (2 of 4)
Various theories can be categorized as:
Egalitarian theories
Marxist theories
Libertarian theories
Utilitarian theories
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
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.
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
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.
© 2019 Cengage. All rights reserved.
LO 2: Define Aristotle’s distributive and corrective justice.
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
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
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)
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
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
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
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
© 2019 Cengage. All rights reserved.
LO 3: Distinguish between substantive and procedural justice, including how procedural justice impacts wrongful convictions and perceptions of racial discrimination.
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
© 2019 Cengage. All rights reserved.
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
© 2019 Cengage. All rights reserved.
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
© 2019 Cengage. All rights reserved.
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
© 2019 Cengage. All rights reserved.
LO 4: Explain the concept of restorative justice and the programs associated with it.
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.
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LO 5: Describe civil disobedience and when it may be appropriate.
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
© 2019 Cengage. All rights reserved.
LO 5: Describe civil disobedience and when it may be appropriate.
Discussion Questions
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.
Explain your thoughts on media coverage of police shootings with respect to the race of the shooters. Do media outlets cover incidents differently?
Can you think of a scenario in which restorative justice would not be the best approach? Why?
© 2019 Cengage. All rights reserved.
