Criminal Justice Vs Social Justice
3 Reasons of Dislocation between Criminal Justice and Social Justice
The significant dislocation between criminal justice and social justice exists in the practice of criminal justice, public opinions should be objective, rational and appropriate. Therefore, it is necessary to analyze reasons of this special phenomenon in order to avoid following blindly.
3.1 The Limitation of Criminal Justice in Practice
Criminal justice has the limitation in practice, which is a significant reason of generating the dislocation between criminal justice and social justice in a specific case. Bernard and Engel (2001) argues that criminal justice is not a one-sided justice of those people in power, it is a variable influenced by two sides of criminal justice
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However, it does not mean that criminal justice cannot optionally be ignored. Social justice and public opinions cannot entirely replace national legislations, it should not waive rules of law in order to achieve the so-called social justice. The legislation is a norm that carries public opinions, the process of passing laws is the same as the process of absorbing public opinions. Rihua (2010) suggests that judicature is a process of judgement according to public opinions. In other words, the legislation embodies public opinions, citizens are not only lawmakers but also the final judge of law. Therefore, rules of the law embody public interests and values, criminal justice and social justice do not have the clash in nature. Although the injustice of some individual cases is existent because of the limitation of law, it is essential to guarantee the holiness and authority of law. Otherwise, the improper and irrational acts of public opinions would intervene the judicial process, which may lead to the ‘tyranny of the majority’ (Fleck and Hanssen, 2012). It finally may give rise to that the achievement of justice is just words on a page. Besides, Hayek (2012) argues that the main content of justice is to avoid arbitrariness in the process of exercising power. Consequently, the development of legitimacy is so important, because human behaviors are ruled by reasonable …show more content…
In recent years, with the development of news medias, especially for the convenience of network communication, people can freely express their own views and ideas. At the same time, public opinions can play an important role in supervising the process of legislation (Donghua and Jun, 2002). However, this kind of public supervision cannot function at will, it should not undermine judicial independence. Because public opinions are not always rational and objective, it has some characteristics, such as instability, subjectivity and conformity. There are several reasons of producing these
Review Of The Rich Get Richer And The Poor Get Prison By Jeffrey Reiman
1511 Words | 7 PagesJeffrey Reiman, author of The Rich Get Richer and the Poor Get Prison, first published his book in 1979, it is now in its sixth edition, and he has continued to revise it as he keeps up on criminal justice statistics and other trends in the system. This book he wrote is like a textbook for the class with many different sources cited to give the thorough knowledge for criminal justice major. As we read through the book we will get to know that he figured out something very deeply about cultural sense, which helped him a lot to collect public information. The main focus of this book is the title itself, because the rich get richer and the poor get prison, says a lot, which is happening in the country due to our present economic system. In this system author is trying to define the true definition of crime and criminal, uneven wealth distribution, poverty and criminal justice system that does to protect us against the gravest
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The Four-Year Baccalaureate Degree Program In The Criminal Justice System
1056 Words | 5 PagesStudents will learn to question the assumptions behind both administrative practice and policies that emerge from a variety of sources, and to evaluate them on a range of criteria, including the empirical, theoretical, and ethical bases. This will also include an analysis of the influence of race, class, gender, and other forms of social inequality on the administration of criminal justice. The tools to engage constructively with both state and non-state/community responses to crime will be a theme throughout. This will include analyses of events that initiate the criminal process, the various paths through which the criminal cases proceed, the professional roles and responsibilities of workers within that process, prospects of reform and the policies that provide the professional context in which decisions are
Compare And Contrast Circle Of Justice Vs Criminal Justice
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Political Ideology And Crime Prevention In The United States
211 Words | 1 PagesAccording to the dictionary, the term justice is described as “a being righteous; fairness” and to bring to justice is defined as “to treat fitly or fairly” (Pollock). Based upon these definitions the question that is brought forth in many debates regarding crime prevention is the means to whether or not certain policies fall under the terms of being just. In my political socialization paper, I discussed how my political ideology has influenced my thinking regarding crime control and prevention. Through out my paper I comprehended the fundamental arguments of the liberalist view, and outlaid the aspects that were most important to their interpretations of crime. The liberal view is rooted from the belief that crime and poverty manifest from
Criminal Justice System Essay
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Herbert Packer Two Models Of The Criminal Process Summary
624 Words | 3 PagesIn “Two Models of the Criminal Process” Herbert Packer highlights two competing systems of value found in the criminal justice system, the Crime Control Model and the Due Process Model. Through the models, Packer does not make an attempt to establish what should or shouldn’t be done or what is “good” or “bad,” but rather aims to classify how different players in the criminal justice system value certain ideals and how that affects the outcomes or actions taken within the justice system. Although these values represent polar opposites values within the system, there is a grey area or spectrum of people who hold different values from both of the models. Though people hold a plethora of different values to heart, Packer’s “Two Models of the Criminal
Interpreting The Purpose Of The General Social Survey
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