Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Ethics and morals in society
Principles in ethics
Chapter 4 Law and Ethics
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Colin Blevins
JUST 200
May 2, 2016
Final Essay
In “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman he offers a detailed explanation of many different ways to define justice and allows the reader to fully comprehend the meaning of it. Before he even began explaining justice he gave his own experience with crime as way to convey to the reader how his rights had been violated and he had been filled with anger at the criminals instead of the justice that failed him. This first hand encounter with crime allowed Reiman to prove to readers that justice is what is what protects us and it is the criminals who are the problem. To see that even a man who had thought and written about nothing but crime for thirty-five years could still become
…show more content…
a victim to a crime. This however was just an introduction into his take on the moral nature of crime where he explained the importance of being able to distinguish between committing a crime in the legal sense and committing a crime in the moral sense.
It is important to know the difference because one must be able to understand whether a person has violated a criminal law or is guilty of a moral wrong. If it is a moral wrong there is a lot of other factors that must be considered such as the social context in which it occurred or if they are victims of injustice. Reiman supports the social contract mental experiment that allows citizens to think of themselves as the result of a unanimous and reasonable agreement among all its citizens. This contract allows us to have the standards and fairness we value so much as a reward for upholding the agreement. In addition to these standards and fairness the social contract also includes rights and responsibilities that we are expected to uphold as part of the agreement. These rights and responsibilities and the role they play in the social contract were fully analyzed by Reiman. He explained that the social contract comes with certain obligations that, in turn, grant citizens with the benefit of the standards and fairness they value so much. However, Reiman believed that there is also a moral obligation to obey the law. Even after being robbed he still had to distinguish
whether a legal crime was committing or a moral crime. A citizen must be able to trust the justice system in order to uphold the social contract. If a person has been wronged by not being held to the same standards or fairness as others then they might feel a moral obligation to violate the agreement because the justice system has violated their trust. Reiman uses two major versions of the social contract to further analyze justice. The first is Hobbes’s theory that if one obeys the law then the government should protect them however they do not leave the state of nature that leaves them vulnerable. The second is Locke’s theory who argued that the voluntary agreement among citizens to give up some of their freedom in return for protection by the government. Reiman used these two theories to conclude his definition of justice by explaining that both Hobbes and Locke were right. Both of these theories exemplifies the truth in the other which is that without peace, justice will be uncertain and without justice, peace will be uncertain.
Igor Primoratz defends the retributivist idea that a punishment is justified only if it gives a criminal his just deserts. But what do criminals deserve? Primoratz argues for the following principle: criminals deserve to be deprived of the same value that they deprived their victims of. Primoratz regards all human beings as possessed of lives of equal moral worth, and believes that the human life is the most valuable thing. He thinks that murders deserve to die. Since justice is a matter of giving people what they deserve, it follows that justice demands for murderers to be executed.
...izing drugs or reducing the number of guns in circulation, but clearly each of these ideas has massive opposition waiting to stop any such effort. Reiman's concept of social justice is more in keeping with sociological theories that find systemic reasons for crime, which is quite different from the prevailing individual actor theories that are so embedded in the system. Reiman is less convincing in the way he describes the system as intentionally bias, for he makes it sound as if it were an organized conspiracy. That is simply not the case. The book is provocative and has many good ideas, including a thorough analysis of the current criminal justice system and how that system may b changed to better represent, serve, and protect ALL Americans.
Wilson, James Q. "Crime and Justice." JSTOR. The University of Chicago Press, 1990. Web. 11 Apr. 2014. .
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
Herbert Morris and Jean Hampton both view punishment as important to a healthy society. However, their views on what kind of role does punishment plays in a healthy society are vastly different. Morris believes that when one commits a crime they “owe a debt to the society and the person they wronged” and, therefore the punishment of that person is retributive, and a right for those who committed this wrong (270). Hampton, on the other hand, believes that punishment is a good for those who have strayed in the path of being morally right. Out of the two views presented, I believe that Hampton view is more plausible, and rightly places punishment as a constructive good that is better suited for society than Morris’s view.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
would reject even the notion of deliberating about the act of murder in such a
Criminal justice as a socially constructed theoretical perspective by Kraska (2004) emphasizes the idea of emotions influencing criminal justice. In order to understand law-breaking we have to look at the process of how we defined behaviors as illegal as well as looking at the reactions of the criminal justice system. “It is not the quality of the act the person commits, but rather a consequence of the application by others of rules and sanctions to an offender” (Kraska, 2004) There are criminal justice actors that influence the definitions of criminal behavior which are police portraying the idea of the impossible mandate of curing crime, criminal statistics, and organizations working to maintain justice.
By viewing the justice system from an equal justice perspective, truth in sentencing does not account for the criminal offender’s motives for breaking the law. A judge may believe it is morally right to lessen the punishment of an offender, who had good intentions for committing the crime. An individual may be placed in a circumstantially difficult situation, which could force them to commit a crime. Unfortunately for those individuals, truth in sentencing in the equal justice perspective does not allow for the judge’s discretion in that case. Therefore, if two people commit the same crime, yet one had negative intentions, he or she would face the same punishment as someone who did not have these intentions. A judge loses this power consider motive because all criminals of the same crime are viewed as equal. By restricting a judge’s discretion, it creates injustice within the courts. Actions are based on their motives and a judge should have the ability to consider it when making a decision that can greatly impact another individual’s life. Therefore, truth in sentencing and the equal justice perspective need the discretion of a judge to justly establish a fair sentence that accounts for all aspects of the individual and their
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
give a definition of justice. At the end of Book II he began a detailed
Crimes results from the inability to achieve monetary success of others positively valued goals through legitimate channels (Agnew and Collen, 2003,p.208). The process one that is difficult to identify and define, but it is also one that allows easily for the insertion of concepts of justice to make us clear on what street justice actually is, conflict and adaptation theory. Conflict and adaptation theory extends our understandings of the relationship between strain and street relationship. Locke argues that state of nature enforce each individual possesses the right to enforce the law of nature, that is the right to pursue punishment of those who harm his or her own life, liberty, or property. Also Hobbes, on the other hand,portrays a less ordered vision of retribution in the natural state, suggestions that during the time men live without a common power to keep them all in owe, they are in that condition which is called war. Both social strain and conflict theory relates to social control, which in turn relates directly to notion of justice both in dominant culture and street culture. It is very important to view street justice from social control and social solidarity