Tuesday, February 23, 2021

Criminal justice theory

 Criminal justice theory :

The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics, as well as to criminal justice in practice.


What is justice?

Justice, in its broadest sense, is the principle that people receive that which they deserve.






Discuss different types of justice. 


There are four different types of justice: distributive (determining who gets what), procedural (determining how fairly people are treated), retributive (based on punishment for wrong-doing) and restorative (which tries to restore relationships to "rightness.") 


Distributive justice is defined as perceived fairness of how rewards and costs are shared by (distributed across) group members.The theory consists of three core components: the equality of people in rights and liberties;the equality of opportunities for all; and an arrangement of economic inequalities focused on benefit maximisation for those who are least advantaged.




Procedural justice:

Procedural justice focuses on the way police and other legal authorities interact with the public, and how the characteristics of those interactions shape the public's views of the police, their willingness to obey the law, and actual crime rates. Procedural justice speaks to four principles, often referred to as the four pillars: 1) being fair in processes, 2) being transparent in actions, 3) providing opportunity for voice, and 4) being impartial in decision making. The idea of the outcomes model of procedural justice is that the fairness of process depends on the procedure producing correct outcomes. For example, if the procedure is a criminal trial, then the correct outcome would be conviction of the guilty and exonerating the innocent.






Retributive: Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence.When the punishment involves a fine, the theory does not allow the financial position of an offender to be considered, leading to situations in which a poor individual and a millionaire could be forced to pay the same amount. Such a fine would be punitive for the poor offender while insignificant for the millionaire. Instead of pure retribution, many jurisdictions use variants such as the European Union's emphasis on punitive equality, which base the amount of a fine not just on the offense but also on the offender's income, salary, and ability to pay.


Restorative justice: It is based on an understanding that crime is a violation of people and relationships. The principles of restorative justice are based on respect, compassion and inclusivity. Restorative justice encourages meaningful engagement and accountability and provides an opportunity for healing, reparation and reintegration. 




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