"The philosophy of the school room in one generation will be the philosophy of government in the next."
- Abraham Lincoln
Criminal Justice Law Philosophy
Everyone has their own opinion about nearly any subject. Justice is no different. This is because justice has to do with right and wrong, but what is and how those who do wrong should be dealt with. In this section, we will explore and examine philosophies old and new. If it has to do with theory and philosophy related to the implementation of criminal justice law and policy, it will be discussed here.
Most readers will have some interest in the philosopies related to criminal justice. Here we will provide theories and commentary related to the administration of criminal justice throughout history. We will also explore the impact of globalization on the field. To be sure, globalization is having an impact. Even those who oppose globalization are often ready to find ways to erase borders for the sake of criminal apprehension. Thus, most information here will view criminal justice through the prizm of global law and order.
Social justice is a relatively new concept. It involves the ways in which society cares for people. Wealth distribution, opportunities and social privlege are areas of concern to those who promote social justice while opponents tend to view the matter as moot. Yet, the concept is here to stay and should interest professionals and students alike no matter where they live.
When discussing justice, human nature cannot be overstated. Many people are unaware that behavior is both very predictable at times and maleable. While behavior modification is often seen as an intrusion into free will, the fact is that one goal of corrections is to help people alter their behavior. Thus, we will explore both ways to accomplish this goal and how to do so in an acceptable manner.
How to serve justice upon the masses is a topic which has long held interest to humanity. From earliest times, people have wrestled with the best or most proper way to mete out justice to those who break the laws. Yet, what IS justice? More importantly, what are the principles of justice which best serve society as a whole?
If we are to discuss the principles of justice, we must first understand the exact nature of principles. In this article, we examine principles, why they are important and how they differ from laws.
Equity is the principle most often associated with justice. It is the quality of being fair and impartial. In the modern justice system, equity is often shown as a pair of scales. The scales denote balance, which is central to justice.
Need is the principle which states that if a law has been violated, it must be addressed by the criminal justice system. That said, the first stop is with law enforcement, which has some latitude in whom to arrest for a crime. Next, the district attorney can decide that the violation does or does not merit going to court. Finally, the courts will determine whether the violation merits punishment.
Equality is a hot-button principle today. Some believe that the criminal justice system in the U.S. engages in systemic racism while others do not. Even in other nations, many decry the system as being applied in an unequal way. True or not, equal rights under the law is a foundational principle in justice.
One of the biggest issues today involves how to best handle juvenile crime. Should minors be sent to adult courts and corrections or remain in the juvenile justice system. There are no easy solutions, but the issues must be dealth with.
Mental health issues have made headlines in recent years as many in law enforcement have been video recorded reacting poorly during calls to people with mental illness.
Whether systemic racism occurs or not is debatable, but one fact remains: Discrimination does exist. What can be done to limit racism within the field? This is an important and growing issue not just in the U.S., but elsewhere too.
Gender issues have long been a problem for the criminal justice system. Making headlines today are problems in dealing with transgender persons especially in jails and prisons.
Communication is something which can have a positive or negative impact on any organization. Criminal justice organizations are no different. Here, we consider how to best communicate both to staff and the public.
The U.S. Drug War has impacted nearly every nation on earth. Yet, should drug policy continue as it is or should there be changes? Many nations are ending their Drug War in favor of less punitive models like Drug Court and Rehab.
Technology always impacts criminal justice. From the development of fingerprinting to the invention of the car, technology always results in major changes.
What is leadership? While there are many schools of thought regarding leadership, one thing is certain: When leadership is positive, those within an organization better fulfill their missions. Thus, we must discuss this issue.
Official misconduct, especially by police and prosecutors is costly, both in terms of social damage and money. What can be done to protect both society and the organizations which serve? Here we discuss these issues and related topics.
Privacy is not directly mentioned in most constitutions, the U.S. included, yet it is implied and is an issue directly affecting both the laws and the implementation thereof.
About CJLaw Intl
The purpose of Criminal Justice Law International is to explore issues of importance to Criminal Justice and Law students worldwide while providing tools and resources to enhance education.
Justice is NOT just an American concept.
Justice, social justice, and criminal justice impact everyone on the planet. As the world becomes more globalized, more interconnected via technology and transportation, a need arises to alter the old ways of approaching criminals and crime control.
We hope to be a positive influence on these changes. Learn more About CJLaw Intl.