Honesty versus Justice - Essay Example

Prepare a 1000 to 1500 word paper on "Honesty versus Justice and Due Process versus Crime Control" by explaining some of the ethical dimensions of key issues confronting the criminal justice system and private security. According to the 'Random House Dictionary of the English Langauge' 'Honesty' means the quality of being honest, uprightness, probity, or integrity, freedom from deceit and fraud. 'Justice' means the quality of conforming to principles of reasons, to generally accepted standards of right and wrong, and to the stated terms of laws, rules, agreements, etc in matters affecting persons who could be wronged or unduly favoured. Justice in simple terms means giving everyone, whatever, should be legally his or hers. According to the classic definition of Justice each person should get his or her due. Aristotle more than two thousand years ago defined that "equals should be treated equally and unequals unequally." This fundamental principle has been followed by many nations while developing the laws for their country and countrymen. Our legal system is based on a system of justice. The whole lot from Police to Judiciary and legislature that enacts the laws play a part in the legal system; in fact all have their roles defined in the criminal justice system. As far as honesty is concerned it has been often alleged that it has taken the worst beating within the criminal justice system and judiciary while dispensing justice gives more importance to technicalities than sometimes the truth that though is quite apparent but has no witness to falsify the opposition's claim. This debate has continued for centuries on the trot. It doesn't mean that the system is there for the corrupt and the dishonest. When the leading functionaries within the criminal justice system like the Judges, Police officials are inducted they take an oath to uphold the integrity of their office with all honesty. There are sometimes a few among the flock who bring a bad name to the whole system by manipulating the system to satisfy their narrow ends, they should be dealt with sternly when their conduct comes to light. The other pillars of the criminal justice system have a role to play. For example it is true that Police can be misused by lodging a false complaint against someone, but if the cops are honest to their duty then there are inbuilt procedures within the system to be followed during the investigation process that can make clear at the first stage itself if the offence alleged is true or not without committing the case to the court. Here at this stage itself sometimes the Investigating officer by being careless and negligent during investigation can book the innocent victim, who later might be honorably acquitted by the court but in the process undergoes a lot of harassment, shaking his faith in the whole system and starts to think that the system is corrupt. The same can be said about the judiciary that follows the rule quite diligently that an innocent must not be punished. Sometimes some overzealous lawyers in order benefit their client's interests manipulate the truth or facts on record to suit their end. But it can be said that lawyers are professionals and they have a work to do. It is their duty to put the facts before the court in the best way possible and then for the court to dispense justice. Generally Lawyers cannot be expected to turn the apostle of peace, honesty and justice when they see there are many loopholes in the prosecution case and they exploit those to the hilt. Technically it can be called dishonesty but as discussed above that it is their job to protect the interests of their client in the best possible manner. Here the burden of upholding the truth is more on the judges and to bring the rules and procedures within the system to their best use so that the truth, honor and honesty is not a victim within the criminal justice system. Within the Criminal justice system and private security 'due process' and 'Crime Control' are given a lot of importance. According to the 'Random House Dictionary of the English Langauge' 'Due Process of law' means the regular administration of the law, according to which no citizen may be denied his legal rights and laws must conform to the fundamental, accepted legal principles, as the right of the accused to confront his accusers. In present times with the changing lifestyles, values of the society people though have prospered in tangible and material terms but they have become more and more isolated in the rat race for success and money. Society is becoming more and more self centered. Seldom someone comes to the rescue of a stranger. These things have also given rise to the enormous rise in crime over the past few decades. So naturally Crime Control is a key issue within the criminal justice system. Some who can afford and don't have confidence over the system go for private security. The whole idea here is that the cops in order to show results to their superiors and sometimes in their over zeal apprehend innocents, to control the spiraling crime. As discussed above there is a due process within the system that helps the prosecutor as well as the accused. If it is followed diligently within the criminal justice system then at the first stage itself many ambiguities weed out. Due Process should also be followed as to protect the human rights of the accused. He is still an accused and not a convict. Crime control should be accorded topmost priority to make the inhabitants of the society feel more secure and safe. But it should be done in a guarded and correct manner. The Due Process should always be followed during the process of crime control; it should be followed at every stage, during apprehending the accused, during investigation and taking statements. It should never appear that the in order control crime the authorities have become the executor without any right. So in nutshell it can be said that due process of law and Crime Control are closely connected. References The Random House Dictionary of English Langauge. Allied Publishers Pvt. Ltd. Albert R. Roberts. Critical issues in Crime and Justice. Sage Publications Inc. Kathleen Daley. Crimonology at the Crossroads. Oxford University Press. Read More