The perception of social justice - Term Paper Example

? Illegal Immigration Capstone Project Introduction The perception of social justice is a concept which is fundamentally exercised amid different social classes in a community. The idea of social justice is primarily based upon the thoughts of equality as well as human rights and values the self-respect of the individuals. It has been apparently observed that the approach of social justice broadly focuses upon delivering equality to every member of the society. It not only engages particularly the criminal offenders but also encompasses all societal members. The major purpose of social justice is to provide equal financial, social and political opportunities as well as rights to all members within a community. In relation to the perception of social justice, it has been viewed that the social workers play an imperative part in protecting every societal member from any monetary abuse or any other social injustices (Cook, 2006). Conversely, the notion of criminal justice is fundamentally described as a valuable method which is exercised to mitigate especially the criminal offences. The system of criminal justice deals with the formation of effective governmental bodies which are comprised of court systems, correctional programs and law enforcement. These important agencies work collaboratively for the intention of delivering efficient governmental social control. This social control is duly achieved through lessening the level of crimes, enforcing relevant criminal laws and delivering proper administration of justice. The system of criminal justice generally emphasizes upon controlling as well as reducing crimes by establishing significant criminal policy measures. In this similar context, the two ultimate objectives of the system of criminal justice are lessening the level of criminal offences and preserving proper governance of justice. By focusing upon the objectives of the system of criminal justice structure, it can be stated that the system plays a decisive part within the society by reducing crimes and supporting appropriate administration of justice (Cook, 2006). The significant concern of illegal immigration has raised extensive political, communal as well as financial issues and major disagreements in various nations throughout the globe. According to various researches, it has been pointed out that the contemporary wave of worldwide globalization is one of the major reasons for increased level of illegal immigration. In this regard, the major reason for augmented illegal immigration especially in the United States is that the nation delivers inadequate channels for legal migration of low-skilled workers. Due to this deficiency in the legal channels, a large proportion of low-skilled immigrants are unlawfully embedded in the economy of the US. Apart from the significant cause of globalization, the other chief reason for growing case of illegal immigration in the US is ineffective sanctions for unlawful hiring of the immigrants (Gans, 2007). In this discussion, the relationship of social justice along with the operations of the system of criminal justice and the prevalent criminal as well as social justice theories with regard to the US Constitution will be taken into concern. Moreover, the history of immigration, relationship of social justice and illegal immigration and the possible solutions to illegal immigration will also be portrayed in the discussion. 1. Relationship of Social Justice and the Operations of the Criminal Justice System The perception of social justice does not only involve criminal offenders abut also includes every individual member of a society. It has been apparently observed that the main objective of both the systems i.e. social as well as criminal justice is to protect the societal members and to deliver equal opportunities as well as rights to them. This is possible due to the enforcement of applicable laws, reduction in the level of crimes and support of efficient management of justice. The criminal and the social justice are interrelated to each other as criminal justice supports in the encouragement of social justice. Both of the systems possess the predetermined target of reducing the increased level of crimes and promoting equality of justice in the society. The operational functions of the system of criminal justice in relation to crime scene investigation techniques and security include two important methods namely crime prevention and crime control. In this similar context, the method of crime control is viewed as a reactive process which is often employed by different agencies related to criminal justice (Garside, 2010). Conversely, the method of crime prevention is observed as a proactive process in which the different agencies of criminal justice endeavor to solve the major causes of crime which results in the reduction of crime by a greater extent. From the perspective of collection, preservation and presentation of evidence along with the issues related to correctional institutions, incarceration and release, the operational functions of the system of criminal justice include two key models. In this regard, the models include crime control and due process. The model of crime control is generally concerned with lessening the crime rates. The model of due process typically emphasizes upon maintaining the individual rights as well as the freedoms of both the offender and the victim in a particular case related to criminal justice. The aspect of correctional institutions is regarded as one of the major parts of the system of criminal justice which intends to promote fair justice as well as equality in the community by a significant level. The correctional institutions are primarily aimed for correcting the criminals who commit illegal offences by introducing various correctional programs in order to transform their attitudes and lives (Garside, 2010). 2. A Brief Analysis of Criminal and Social Justice Theories In Relation to the US Constitution In general, the criminal justice theories in relation to the US Constitution are fundamentally based upon the theories of various significant aspects which include equity, justice and fairness. The chief purposes of establishing this theory with regard to the US Constitution are delivering equal justice and ensuring domestic harmony within the nation. Moreover, the other major aims include delivering protection to every societal member and most significantly encouraging the general welfare of all individuals of different communities of the nation. According to various researches, it has been observed that the police in the US communities play a pivotal part in preventing crimes. Their main roles comprise effective order maintenance, timely deliverance of social services and sustaining peacekeeping within the nation. Numerous criminal theories have been established in order to analyze the criminal behaviors of the individuals in the community. The several criminal theories include classical theory, biological theory, social learning theory and psychological theory. The classical theory in relation to the system of criminal justice claims that the criminals are able to decide whether to engage in committing criminal offences or not. Both biological as well as psychological criminal theories enable to identify the reasons behind occurrence of crimes in the communities. Finally, the theory of social learning with regard to criminal justice represents the reality that the criminals learn immoral behaviors from other criminals in the community (Reese & Pomona, 2001). The social justice theories with regard to the US Constitution are principally based upon political, financial as well as communal reality of a society. It has been viewed that the nature of social justice theories in relation to the US Constitution is utilitarianism cultured which focuses upon significant societal objectives. In this regard, the objectives include comprehensive understanding of the human rights, identifying the dignity of the individuals in the community and delivering equal opportunities as well as rights to them. In addition, the utilitarianism based social justice theories of the US Constitution also remain much focused upon the protection of the societal members from property rights along with any sort of interpersonal violence. There also lie certain fundamental elements of social justice which are applicable in the system of criminal justice. The elements include ‘need’, ‘equality’ and ‘desert’. In this similar context, ‘need’ represents a demand which does not possess the basic requirements. In ‘desert’ dimension, an individual is rewarded according to his/her accomplishment. In the other element i.e. ‘equality’, a community treats every societal member with fairness and delivers equivalent opportunities to them (Reese & Pomona, 2001). Thus, on the basis of the above discussion, it can be stated that the Constitution of the US is fundamentally based upon those theories in relation to social and criminal justice which ensure equality as well as justice by treating every individual in the society with fairness irrespective of status, religion and caste. 3. Knowledge of Socio-Economic (Cultural) Diversity To Contemporary Criminal And Social Justice The aspect of cultural diversity plays an imperative part in the system of criminal justice as the system ensures equity and enables to enforce law in an effective manner. The socio-economic or cultural diversity possesses both negative as well as positive attributes which broadly affect every aspect of criminal and social justice system. From the perspective of positive attributes, cultural diversity facilitates creative thinking along with new ideas within the background of criminal and social justice system. Moreover, cultural diversity as a positive consequence modifies applicable policies, laws and procedures in order to provide equal rights as well as opportunities to every societal member in the community. From the standpoint of negative attributes, certain theorists strongly believe that the facet of cultural diversity is accountable for negative transformation, such as certain laws defending minorities against law enforcement. However, there lie certain theorists who have affirmed that the characteristic of socio-economic or cultural diversity delivers an optimistic message to the world by permitting various spiritual as well as religious beliefs to be liberally practiced. Besides, the aspect of cultural diversity intends to deliver the message of acknowledging along with respecting the values and morals of different families (White, 2007). In relation to the knowledge of socio-economic or cultural diversity to contemporary social practice, it has been viewed that the system of social justice and cultural diversity has become one of the imperative societal issues in this contemporary world. Cultural diversities support the practice of social justice by actively participating in enduring critical reflection based on different issues which include ethnicity, oppression and race among others. Moreover, it cultivates an incessant awareness about the occurrence of different sorts of social injustices and urges the different community based organizations to promote trust as well as fairness amid the individual members of the community. With regard to the system of social justice, it is the social workers who possess the liability to maintain cultural competence within the circumstance of social work performance. Additionally, in this similar context, the social workers need to identify that both social justice along with cultural diversity might influence every societal member to cope up with different kinds of social problems and simply interact with each other. It is quite essential to promote cultural diversity in the practice of criminal justice for the purpose of creating fairness in the system. Moreover, by promoting cultural diversity, the various law enforcement officers can prevent injustice and discrimination with regard to criminal justice and most significantly it would enable them to work collaboratively for serving the interests of the societal members by a greater extent (White, 2007). Thus, on the basis of the above discussion, it can be stated that the knowledge of socio-economic or cultural diversity impose considerable impact upon contemporary criminal and social justice system. 4. Centralization of Criminal Justice Agencies The various agencies linked with criminal justice particularly in the US have been formulated in a centralized form. These agencies related to criminal justice have been placed under the United States Department of Justice. The criminal justice agencies got centralized immediately after September 11 terrorist attack for the purpose of preventing along with combating against terrorism. The centralization of criminal justice agencies has delivered numerous significant benefits to the nation i.e. the US. In this regard, the major benefits include deliverance of uncomplicated as well as enhanced security services to the US citizens and increased competency of the system of criminal justice in combating crimes. One of the decisive benefits is that the centralization supported the US government to manage the entire system of criminal justice by a greater extent. The agencies associated with criminal justice perform their valuable operational functions as a unit in order to ensure justice and equity in the community. Moreover, the agencies promote human rights as well as responsibilities while performing their assigned tasks. The major function of the agencies relating to criminal justice is to defend the rights of every individual within the society which include the offenders and the victims committing any criminal offence. The activities which are performed by the agencies linked with criminal justice ultimately have enabled to diminish the increased level of crime rates by a considerable level (MacNeil/Lehrer Productions, 2012). In relation to the centralization of criminal justice agencies, it has been viewed that the US government had introduced an important Act named “The Homeland Security Act” in order to combat against the significant concern of terrorism. This Act was passed by US Congress in the year 2002 for the intention of guarding the borders of the US, defending domestic terrorist attacks, generating a strategy of national defense and lessening damages that result from any sort of terrorism activities or natural disasters. The Act led the creation of a valuable department named the ‘Homeland Security Department’ which comprises different divisions that work collaboratively to defend the nation from the incidents related to natural disasters and terrorist activities. The various divisions of the ‘Homeland Security Department’ include emergency preparedness, transportation as well as border security, business intelligence and technology. Moreover, the department also comprises the divisions of Transportation Security Administration and Treasury Department and Management. The introduction as well as the enactment of the Act has led towards delivering justice as well as fairness and promoting equality at the global level. The government of the US employed “The Homeland Security Act” effectively in order to fight against terrorism and protect the country from any terrorist attacks. According to the officials of the US government, fighting in opposition to terrorism would ultimately bring justice in the communities and the terrorists will be given equal as well as fair treatment similar to other people in the society (MacNeil/Lehrer Productions, 2012). I. History of Immigration: Pre and Post WWII Prior to the occurrence of World War II, it has been apparently observed that the migration within the area of North America comprised short-term and seasonal flows between the US Southwest and Central Mexico. In order to respond to the longstanding forces of business market, the people of Mexico were in employment particularly in the areas of railroad construction and agriculture. At the turn of the 20th century, nearly 60,000 Mexicans penetrated to the US which ultimately generated additional pushes and pulls during this period. Consequently, the migration rates reached upto a significant level due to the important factor of added pulls and pushes caused by the Mexicans. With the occurrence of ‘The Great Depression’ during 1930s, the factor of high employment decreased the migration rate which resulted in a large number of Mexicans to deport to their original place i.e. Mexico. According to the result of the augmented removals as well as the decreased inflows of the Mexicans, the population of Mexican particularly in the US diminished by 40 percent during the phase of 1930s (Rosenblum & Brick, 2011). The changing policies which were undertaken by the US after the occurrence of World War II led towards increased level of immigration flows. It has been viewed that the number of immigrants in the US grew substantially after the occurrence of World War II. Though the level of the immigrants increased after the World War II, the migration cost decreased due to technological advancements in both land as well as air travel. After the occurrence of World War II, the topmost concern of emigration expanded rapidly particularly from developing countries to Western nations. The main reason for the expansion of emigration is that the incomes especially in the developing countries grew substantially which ultimately made emigration feasible. The increased number of immigrants after the World War II settled in various regions of the US which include New York, Florida and California among others. Various scientists as well as engineers of Great Britain, Canada and Germany came to the US and found employment in the private industry. The negative factors such as disrupted political situations and inadequate research opportunities contributed towards the emigration of the engineers and the scientists of the aforementioned regions in the US. Furthermore, the positive factors which include higher living standards, attractive salaries and lower tax burdens contributed as vital factors inducing emigration in the US after the occurrence of World War II. In order to restrict the increased immigration level, the government of the US established ‘The Immigration Act’ in the year 1891. This particular law remained an aspect of focus while deciding to grant or refusing admission to all immigrants who looked for entrance to the US. The US government paid utmost attention to this Act and strongly believed that the Act can lessen the increased level of immigration by a significant level (Dinnerstein & Reimers, 1999). II. Crimes The deliberate actions which are performed by the society along with the government in opposition to illegal immigrants can be considered as one of the significant issues in relation to social justice. This is due to the reason that the immigrants are committing injustices by unlawfully entering into the nation and breaking the applicable rules as well as laws. The concern of illegal immigration can be related to the facet of social justice as it is exercised within a community of a particular nation. The crucial issue of illegal immigration is regarded as a crime as it violates the rules and the regulations of the countries where the immigrants migrate by a large extent. In this similar context, it can be stated that apart from the practice of social justice, the issue of immigration can also be related to the system of criminal practice. As the immigrants unlawfully migrate into different countries and break the regulations as well as the rules of respective nations, the concern of illegal immigration can be viewed as one of the criminal offences (UNODC, 2007). It has been apparently observed that in between the years 1998 as well as 2005, the US expatriated nearly 46,000 criminals to Central America and approximately 36,000 offenders to the Caribbean. These criminal expatriations engaged the criminals who had performed various criminal activities apart from immigration fraud which include domestic as well as international drug trafficking and the juvenile gangs ultimately flooded the system of criminal practice at large. With regard to crime scene investigation teams, the influx of correctional cases, incarceration and rehabilitation, it has been viewed that the system of criminal practice of the US established significant laws named ‘Immigrant Responsibility Act’ and ‘Illegal Immigration Reform’. In this regard, these two significant Acts made considerable transformations into the deportations regime and focused upon lessening the criminal offences. In addition, apart from the establishment of the aforementioned Acts, the system of criminal justice of the US also introduced rehabilitation programs for the criminals committing criminal acts such as drug offences, immigration fraud and violent crimes (UNODC, 2007). III. Social Justice Theories In Relation to the US Constitution The social justice theories in relation to the US Constitution engage balancing the victim and activities performed by the offender. The theories also entail treating every individual of the community including the offenders with fairness and providing equal rights as well as responsibilities to them. In relation to the theories connected to social justice, it has been apparently observed that the Constitution of the US comprises different articles along with amendments. In this regard, the First Amendment of the US Constitution concerns the rights which have been granted to the US citizens. The US citizens under the provision of First Amendment of the US Constitution possess the right to liberty of worship, petition and speech (Reese & Pomona, 2001). With regard to the rights which have been granted to the illegal immigrants under the Constitution of the US, it has been viewed that the immigrants are facilitated with certain rights that are enjoyed by the native born citizens of the US. In accordance with the theories of social justice under the US Constitution, the immigrants are not permitted to vote until they fully become the citizens of the nation. Concerning the rights of the immigrants, the Fourteenth Amendment of the US Constitution which deals with ‘The Equal Protection Clause’ which affirms that every citizen residing in the nation i.e. the US including the immigrants will be equally protected by the law and will be served with equal justice. The US Constitution does not provide the rights to the foreigners to penetrate into the US but defends them from any discrimination performed by the US government on the grounds of national origin, payment of taxes and works of the immigrants among others. From the perspective of employment associated rights of the immigrants, they are entitled to receive minimum wages for performing full-time work. Moreover, the immigrants are also entitled to work overtime and accumulate extra earnings. In addition, in relation to social justice theory and concerning the rights of the immigrants, it has been viewed that the immigrants’ possess the right to be treated equally along with paid fairly at their respective place of work. Besides, the immigrants are also entitled to work in such a workplace which is freed from any hazard that might seriously affect them. In this similar context, the employers are needed to eliminate any kind of hazardous materials from the workplace and deliver harmless equipments wherever necessary in the place of work (Reese & Pomona, 2001). Thus, it can be stated that the theories of social justice in relation to the US Constitution concerning the rights of the immigrants is fundamentally based upon equality within a community. The theories affirm that every individual including the immigrants in the society must be treated with fairness and provided with equal justice. IV. Impact of Illegal Immigration in Socio-Economic Diversity The significant concern of illegal immigration can bring both positive as well as negative impacts in socio-cultural diversity to a particular country. In this regard, one of the positive impacts of illegal immigration is that the increased immigration level in the US would eventually raise the cultural or socio-economic diversity across the nation by a considerable level. The augmented diversity and culture might serve as an educator to educate the Americans regarding prevailing socio-economic diversities. Along with the positive impacts, the issue of illegal immigration can also impose negative impacts upon the socio-economic and cultural diversity of the US. With the rising level of illegal immigration, there lies a probable fear of gradual disparity especially in the facet of ethnic diversity that might lead towards the dominance of a single culture or language in the community (Boswell, 2005). Apart from the impact of illegal immigration in socio-economic diversity, there also lie significant positive as well as negative impacts upon buying different goods by the illegal immigrants. In this similar context, the positive impact is that huge amount of taxes can be gathered from the purchase of various goods of the immigrants resulting in stimulating the economy. Conversely, one of the negative impacts is that the illegal immigrants might use certain important fake documents such as driving licenses that can lead towards rising level of crimes as well as thefts. In order to collect taxes from the undocumented citizens or the immigrants, the federal government of the US established ‘The Internal Revenue Service’ (IRS) which acts under the supervision of the Commissioner of Internal Revenue. In this regard, the IRS formed an application process named ‘Individual Taxpayer Identification Number’ (ITIN) for assisting the individuals to meet with the tax laws of the US efficiently. The ITINs which are established by the federal government of the US are mainly employed for tax reporting purposes and are not designed to serve any other functions. As the illegal immigrants buy various products and avail different services which can be taxed, the federal government of US introduced the execution of ITINs for the prime intention of collecting substantial taxes. The US federal government strongly believes that by the introduction of the IRS along with the application of ITINs, efficient sources of revenue can be generated and thus it can stimulate the US economy by a significant level (IRS, 2012). V. Effect of Illegal Immigration in Several Criminal Justice Agencies The significant concern of illegal immigration has imposed considerable effects upon the several agencies relating to the system of criminal justice. The federal government and the Constitution of the US view the rising concern of illegal immigration as one of the serious criminal offences. In order to minimize or lessen the criminal act of immigration fraud, several criminal justice agencies which comprise Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA) and the local police departments of the US are playing a decisive role. These agencies are collaboratively working for the intention of preventing crimes in the US communities by a greater extent. The aforesaid agencies share their respective intelligence based models making the prevention of criminal activities uncomplicated like illegal immigration or immigration fraud, drug trafficking and committing violent crimes. While discussing the effect of illegal immigration in several criminal justice agencies, it has been apparently observed that the various agencies of criminal justice of the US have been centralized after the nation experienced the noteworthy September 11 attack (MacNeil/Lehrer Productions, 2012). The federal government of the US centralized the criminal justice agencies due to various significant reasons. The major reasons include delivering superior security service to the US citizens, enhancing the competitiveness of the system of criminal practice, improving the coordination between different agencies and most importantly lessening the increased level of crimes. The various criminal agencies such as FBI, DEA and local police departments are working hard as well as adopting deliberate steps in order to restrict human trafficking by a large extent. The agencies are playing an active role in not only minimizing the rising level of unlawful movements of the immigrants but also defending the interests of every individual in the society. The different agencies of criminal justice work together as a unit in order to offer equal justice to the societal members and ultimately restrict the problem of illegal immigration (MacNeil/Lehrer Productions, 2012). Thus, it can be stated that the concern of illegal immigration significantly affects the several criminal justice agencies both domestically as well as internationally. VI. Possible Solutions to Illegal Immigration The federal government and the Constitution of the US along with the several agencies of criminal justice such as the local police departments, FBI and DEA are working as a unit in order to restrict unlawful movement of the immigrants. The US government established and employed several laws with the intention of diminishing the augmented level of crimes such as immigration fraud and drug trafficking among others. A number of people have affirmed that the issue of illegal immigration proves to be quite beneficial for the economy of the US in terms of acquiring extra tax revenues and amplifying circulation of money. Conversely, the opponents of illegal immigration argue that the immigrants perform a criminal activity by illegally migrating into the different regions of the US and breaking the applicable laws. In this similar context, one of the imperative probable solutions to the issue of illegal immigration is the establishment as well as the development of reliable mechanisms for verification in the workplace. The employers must possess the equipment in order to scrutinize the work eligibility conditions such as the legal presence of the employees in the country. The introduction as well as the development of the reliable mechanisms in order to verify work eligibility conditions of the employees require significant investments but can act as a significant solution to illegal immigration (Gans, 2007). The other probable solution to illegal immigration can be the hiring of effective agencies in relation to criminal justice. In this regard, the government of the US needs to hire efficient agencies for the purpose of monitoring those particular areas which comprise superior concentrations of unlawful immigrants. Another probable solution to illegal immigration is about the enforcement of the preventable laws such as ‘The Homeland Security Act’, ‘Immigrant Responsibility Act’ and ‘Illegal Immigration Reform’. The federal government of the US requires enforcing the aforementioned laws for the purpose of lessening increased level of crimes along with restricting illegal immigration by a considerable extent. The other decisive factors such as increasing the funding for modernizing valuable equipments, introducing special immigration Acts and taxation structures can also be among the probable solutions to illegal immigration (Gans, 2007). Conclusion The significant difference between the system of criminal justice and social justice is that the former emphasizes upon controlling different crimes such as immigration fraud and drug trafficking among others and the later focuses upon valuing the human rights. It has been viewed that the thought of social justice is fundamentally based upon treating every individual in the society with equity and fairness. Conversely, the notion of criminal justice intends to prevent as well as to control the crimes by employing reactive methods. After acquiring a brief idea about the perception of criminal justice, the significant issue of illegal immigration is considered to be a serious crime and can fall under the categorization of the system of criminal justice. After the occurrence of World War II, the level of immigration flows increased substantially due to changing policies of the US government. The theories of social justice of the US Constitution regarding illegal immigration is primarily based upon certain significant elements which include ‘need’, ‘desert’ and ‘equality’. These elements focus upon treating as well as delivering equal opportunities to every societal member within a community. The US Constitution grants certain rights to illegal immigrants which include right to be equally protected by law and served with equal justice. One of the imperative services provided by the federal government of the US is the IRS, which along with the application of ITINs has ultimately enlarged revenue sources and thus stimulated the US economy by a greater extent. The different valuable aspects such as the enforcement of the immigration concerned laws, formation of reliable mechanisms in order to scrutinize the place of work of the employees and the introduction of special immigration Acts can be certain effective probable solutions to illegal immigration. References Boswell, C. (2005). Migration in Europe. Retrieved from http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/policy_and_research/gcim/rs/RS4.pdf Cook, D. (2006). Criminal and social justice. US: Pine Forge Press. Dinnerstein, L., & Reimers, D. M. (1993). Ethnic Americans. Retrieved from http://library.northsouth.edu/Upload/Ethnic%20Americans.pdf Gans, J. (2007). Immigration. Retrieved from http://udallcenter.arizona.edu/immigration/publications/fact_sheet_no_3_illegal_immigration.pdf Garside, R. (2010). From criminal justice to social justice: rethinking approaches to young adults subject to criminal justice control. Retrieved from http://www.crimeandjustice.org.uk/opus1769/T2A3socialjustice.pdf IRS. (2012). General ITIN information. Retrieved from http://www.irs.gov/Individuals/General-ITIN-Information MacNeil/Lehrer Publications. (2012). The Homeland Security Act. 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