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(Criminal Justice) Ethics, Justice, and Law - Assignment Example

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Compare and contrast the four viewpoints on how resources should be distributed. Which viewpoint do you identify with? Give an example of how distributive justice can be applied to the criminal justice system. How can an unequal distribution of…
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Criminal Justice - Ethics, Justice and Law Criminal Justice - Ethics, Justice and Law Ethics, Justice, and Law What is distributive justice? Compare and contrast the four viewpoints on how resources should be distributed. Which viewpoint do you identify with? Give an example of how distributive justice can be applied to the criminal justice system. How can an unequal distribution of resources contribute to criminal behavior?
Distributive justice has to do with the fair distribution of resources among all the different groups of citizens living in a community. Essentially, the distributing procedure, quantity of goods, and distribution pattern has to be seen to be fair. There are different ways in which such distribution can be conducted (Pollock, 2008). Egalitarian distribution calls for all participants to receive equal shares. Marxism, though, contends that the resources should be shared based on need. That means that those citizens with the greatest need will receive more with few needs. Libertarianism supports the notion that resources should be distributed on merit. This means that those who meet a pre-determined standard of values are the ones most likely to have the greatest number of resources. Lastly, utilitarianism supports the notion that resources should be distributed on the basis of a mixture of need and merit.
In the criminal justice system, distributive justice can be realized by ensuring that all classes of prisoners, who commit the same crime, are handed the same sentence. For instance, the nephew of a powerful politician who commits embezzlement and is caught, should be forced to face the same punishment as a homeless man who steals from an unmanned shop. In all areas of life, the lack of distributive justice results in feelings of aggrievement in the parties who feel that they are held up to a standard that others are excused from for one reason or another. This can then result in violent protests, and other criminal behavior.
What is the purpose of corrective justice? Compare and contrast the different forms of substantive justice, including remedial, retributive, and utilitarian. Which form of substantive justice should the criminal justice system pursue?
Corrective justice seeks to deal with criminals by handing down punishment for the crimes they commit. In substantive judgement, the criminal is handed a punishment that correlates with the level of crime he has commited. In retributive justice, the judge seeks to restore the balance by correcting what the criminal has done to society. In regards to utilitarianism, a stiff punishment is handed to the offender in the hopes of deterring others from following in his footsteps (Fleischaker, 2009). Corrective punishment is the most impartial of all these options because the criminal is punished for just what he did, and not for society’s fears about what he might do in future.
Classmate’s Post Response
Watch the following video of an example of a restorative justice program used in a school in Oakland and then answer the following questions: https://www.youtube.com/watch?v=ZtdoWo1D3sY.
What is the purpose of restorative justice?
How did the school in the video utilize restorative justice?
What types of crimes would restorative justice be appropriate for and what is your rationale behind including these offenses?
The main objective of restorative justice is to repair the damage that was committed by the accused in a process that includes all the stakeholders involved. In the video, the school utilized restorative justice by compelling the accussed students to re-examine their behavior in the midst of experts who understand how to guide them through their understanding of their actions (Friedman, 2011). Restorative justice ought to be used in cases where there is a real possibility of the offender truly recognizing the effects of his or her crime, and changing to embrace a more positive personality. Bullies in the schoolgrounds, for instance, or even other minor misdemeanours, can be solved using restorative justice. However, heavier crimes such as murder require a different approach because the people commiting them may have real emotional or mental disturbances that cannot be solved through mere negotiation.
Restorative Justice – approach to corrective justice that focuses on meeting the
needs of all concerned
o Justice requires restoring victims, offenders, and communities who have
been injured by the crime
o Victims, offenders, and communities should have the opportunity to be a
fully active part of the justice process
o Government should restore order, but the community should restore peace
References
Fleischaker, S. (2009). A short history of distributive justice. Harvard: Harvard University Press.
Friedman, C. (2011). Introducing restorative justice for Oakland youth. Youtube. Retrieved from https://www.youtube.com/watch?v=ZtdoWo1D3sY
Pollock, J. (2008). Ethical dilemmas and decisions in criminal justice. New York: Cengage Learning. Read More
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