Criminal Justice Vs Distributive Justice

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Green believes that the proper analysis for the relationship between retributive justice and distributive justice should be decided on a "case-by-base basis" and should take three distinct factors into consideration. The first factor is to determine the specific offense that the person is being charged with. In the second, we need to see how he was disadvantaged and if it's relevant to deciding his blameworthiness. The final one is where we need to "consider the economic and social circumstances of the crime victim."
There are three reasons why criminal law theorists should be concerned with the problem of poverty and other disadvantages. One of the reasons are that the poor and disadvantaged make up a high percentage of the crime victims as …show more content…

This consists of three step. The first being that our legal system exists in a social contract and under this social contract, the citizens agree to obey the rules set in place in return for security from the state of nature. Which Hobbes', a philosopher, states is nasty, brutish, and short from the constant threat of war. Second, if people failed to follow the system's rules then they incur criminal punishment that would take away the unfair advantage they gained. So thirdly, you must imagine if the society was unjust, one that "breaches its obligation to its citizens." The citizens, then, would not longer be obliged to follow the law and without that existing duty to obey, the society no longer "has a right to punish for fo lack of …show more content…

For the first one, Green offers three clear and uncontroversial examples of disadvantage that the offender can experience: (1) denial of property rights, (2) denial of political rights, and (3) Denial of right to basic state protections. For the second, he explains that you will want to ask if the victim has suffered from unjust disadvantages, profited from unjust advantages, or experienced neither. For the last, he lists three offense: (1) against a person, (2) against justice, and (3) against

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