Free Essay

Accused Versus Victim’s Rights

In: Historical Events

Submitted By JocelyneOsuna
Words 1921
Pages 8
Accused Versus Victim’s Rights
The United States of America relies on due process of law to ensure equal protection of life, liberty and property to all citizens. Police officers work tirelessly to accommodate regulations adopted to ensure only criminals are convicted. These restrictions have been part of the United States since the Bill of Rights was generated in 1791, but in the 1960s, as “Law and Order,” the view that crime must be dealt with harshly to deter citizens from breaking the law, the Supreme Court was forced to decide the constitutionality of the rules of interrogation. In the Sixties, crime was escalating and public safety was becoming a growing concern; police began to treat suspects harsher in an effort to raise conviction rates and promote public safety. In 1966, however, the jurisprudence of the entire US justice system changed when the court of Chief Justice Earl Warren was presented with the case Miranda v Arizona. In this case, the majority decision ruled to protect suspects’ rights, extending equality of protection regardless of legal knowledge or background, not only highlighting the trends of human rights and equality in the Sixties, but also the tensions between criminal rights versus public safety, demonstrating a shift from the conservative ‘law and order’ jurisprudence to more liberal methods of interrogation and conviction.
On March 2, 1963, Ernesto Miranda kidnapped a woman (whose name was not released to the press for her safety), drove her into the desert, and raped her. After an eleven day investigation, Detectives Cooley and Young caught Miranda and took him to police station for questioning. During Miranda’s interrogation, he was told he had been positively identified in a lineup (which was false) and that he could not leave until he gave a full confession. Miranda wrote out his confession on a sheet of paper with a preprinted statement indicating he knew his Constitutional rights and was voluntarily confessing. He was charged with rape and kidnapping in the first degree and, because of the 1963 Supreme Court case Gideon v Wainwright (right to an attorney free of charge)
, the court appointed him 73-year old public defender Alvin Moore. Prosector Lawrence Turoff was assigned to prosecute Miranda and prepared a case around Miranda’s written confession. Moore’s defense focused on Miranda’s ignorance to his legal right to an attorney during questioning, claiming his confession was involuntary. Thus, when Turoff tried to present the written confession to the jury, Moore objected because of the involuntary nature of the confession. Judge Yale McFate, however, overruled his objection because of the preprinted message on the top of the handwritten confession indicating the confession was voluntary
. After a short trial, the jury found Ernesto Miranda guilty of rape and Judge Yale McFate sentenced him to 20 to 30 years in jail.
Moore appealed to the Arizona Supreme Court, claiming McFate had abridged Miranda’s fourteenth amendment rights that “no state shall deprive any person of life, liberty or property without due process of law” and Miranda’s due process was violated when his involuntary confession was presented to the jury. The prosecution also submitted a brief, stating that Miranda had a fair trial because the law does not require a lawyer during interrogation unless asked for. The decision was written by Justice Ernest W. McFarland after an unanimous vote decided police had not violated any of Miranda’s rights by interrogating him without an attorney thus validating the confession and upholding the conviction. Though Moore, after this decision, stopped representing Miranda, Miranda had not given up and wrote a writ of certiorari to the Supreme Court, explaining why his incarceration was unconstitutional. Luckily for Miranda, Robert Corcoran from the American Civil Liberties Union (ACLU) had been trying to build a case to help the accused not fall victim to ignorance with the law and heard of Miranda; he then raised the attention of two successful lawyers John P. Frank and John J. Flynn who wrote a writ of certiorari on Miranda’s behalf accompanied by a letter from Arizona assistant Attorney General Gary K. Nelson expressing the importance of the United State’s Supreme Court’s review of the case
. The case was then sent to Chief Justice Warren.
Chief Justice Earl Warren’s court, referred to as the Warren Court, was known for liberal, controversial and social cases and was viewed both positively and negatively by the public. Time Magazine said in 1969, “...the court that Warren led demonstrated its overriding concern with the rights of the individual—even though many critics complained that in some instances it had already gone too far.” Warren’s liberal view of the Constitution faced both praise and criticism from all branches of the government. Dwight Eisenhower, who appointed Warren, later regretted his decision, saying a few years after the appointment that Warren was the “Biggest damfool mistake I ever made.” Nixon’s successor, Lyndon B. Johnson, however, admired Warren, writing that he was “The greatest Chief Justice of them all.” Warren led a court which University of Chicago Law Professor Harry Kalven Jr. calls having an “appetite for action” and its penchant for “taking on tough social questions where the pressures were very high.” When the Warren court took on the Miranda case in 1966, people were anxious about which side the court would chose: accused rights or the victim’s.
The court interpreted the fifth and fourteenth amendments, and ruled in a five to four majority that Miranda deserved a retrial on the basis that suspects have rights against self-incrimination. In the decision, which took Warren over an hour to read, he spoke about the unconstitutionality of interrogation within the current system, “incommunicade interrogation of individuals in a police-dominated atmosphere, resulting in self-incriminating statements without full warnings of constitutional rights...exacts a heavy toll on individual liberty and trades on the weakness of individuals.” Thus, by not having a lawyer present, or not knowing the right to a lawyer, during questioning, the environment of the interrogation puts the suspect in a situation where he may self-incriminate, therefore not granting him equal protection of the due process of the law, required by the fourteenth amendment. Warren’s decision was approved by Justices Black, Douglas, Brennan and Fortas, who concluded the fifth and fourteenth amendments cannot equally protect citizens who are unaware of the law without being explicitly stated at the time of arrest. The ruling resulted in new protocol for police which obligated them to read the rights to the accused, their “Miranda Rights,” before questioning, and, furthermore, any confession obtained without the suspects’ knowledge of these rights was inadmissible in court. This ruling reaffirmed protection of liberty and equality by stressing the due process regardless of education, background or wealth because it forced the state to pay for attorneys during questioning. Therefore, everyone had equality of knowledge about the law funded by the state. However, many people did not agree with granting a retrial to a rapist on a technicality, thus the decision was controversial and stimulated the vast change in American jurisprudence.
The Sixties “law and order” view of justice, strongly supported by Nixon and Reagan, made jurisprudence in the United States harsh on the accused in an effort to prevent crime. Four Supreme Court Justices, Justices Clark, Harlan, Stewart and White, who made up the dissenting opinion, express the ‘law and order’ principle in their opinion. Justice John M. Harlan, who wrote the dissenting opinion, stressed the added difficulty for law enforcement to obtain confessions, making it too easy for criminals to avoid punishment. Without the harsh treatment of suspects, Harlan argued, people will be less inclined to follow the law. Justice Byron R. White summarized the injustice of the ruling as stated, “As a consequence [of the new procedure] there will be not a gain, but a loss, of human dignity”
. Harlan also questioned the majority reading of the constitution by writing, “The court's unspoken assumption that any pressure violates the privilege is not supported by the precedents and it has failed to show why the Fifth Amendment prohibits that relatively mild pressure the Due Process Clause permits.” The dissenting opinion demonstrated the 1960s conservative public and law enforcement’s frustration with the new liberal jurisprudence, which, they believed, gave the accused too much power because the accused could end an interrogation simply by requesting a lawyer.
When police first heard Warren’s rulings, there were mixed reactions: many believed the new protocols would promote the use of science to more accurately convict rather than unjustly obtained confessions, but many thought that the new rules gave too many rights to criminals and impede law enforcement. The New York City police commissioner said, “It may have good effects because now you'll have to come up with more scientific techniques to solve crime.” District of Colombia district attorney David G. Bress agreed by adding, “Eventually the changes have to sharpen police investigations in other areas and the public will benefit” He said the ruling would, “...be good for law enforcement and make for a better brand of justice.” Together, the scientific evidence and sharper investigations will create a “better brand of justice,” which was Warren’s intent. Many police reactions, however, believed the decision would “handcuff the police” and favor suspects’ rights over public safety. New York City police officer was quoted in Time Magazine saying, “It's quite possible that a great number of persons who are in fact guilty will not be successfully prosecuted...How far and how long are the rights of the accused to be considered, with little regard for the rights of the victim?” This officer touched on the social issue of balancing accused rights victims’ rights, which was a major criticism of the ruling by those who believed that the decision infringed on victims rights by, as Philadelphia Police Commissioner Edward J. Bell claimed, “Protect[ing] the guilty.” The suspect’s power to end interrogations meant that until there was sufficient evidence for an arrest warrant, meaning more work for the police. The Boston Police Commissioner Edmund L. McNamara expressed the frustration of obtaining admissible confessions, “Criminal trials no longer will be a search for the truth, but a search for technical error.” The different opinions in the Miranda case represented the ongoing public debate about how to uphold the Constitutional rights of both victims and the accused.
Miranda demonstrated not only the American theme of liberty, but also the liberal and humanitarian shift that occurred in the 1960s during the Warren Court. It showed the growing liberal movement, granting more power to citizens and less to government, demonstrating the human rights emphasis of the era. It also amplified much of the controversy between suspects versus victims rights as seen in the polices’ wide array of reactions. Jurisprudence in the United States, because of Miranda, values foremost suspects’ right to an attorney and right against self-incrimination. Though many think it offers too much protection to suspects and “handcuffs the police
,” there is no doubt that the new system maintains the idea of “innocent until proven guilty,” ensuring only the guilty are incarcerated. The 1966 case Miranda v Arizona proved the American understanding of justice and equality while highlighting issues between balance of rights and ultimately the shift of the justice system to treat everyone equally regardless of law education, money, or race. It was able to achieve such a vast impact because of the Warren Court and has continued to play a crucial role defining the American Justice system as a system in which citizen’s rights are held above all else.

Similar Documents

Free Essay

Law Paper

...NARRATION This case originated from the filing of complaint by the private complainant Medelita Gonzales against respondent Angelina Gonzales for Parricide before the Office of the Prosecutor of Bauang, La Union The 4th Assistant Provincial Pros. Jocelyn conducted Preliminary Investigation and she found the respondent probably guilty of Parricide which was approved by the Provincial Prosecutor of La Union and thereafter, the Information for Parricide was filed before the Court and was raffled on the RTC, Branch 33, Bauang, La Union docketed as Crim. Case No. 8032 entitled People of the Philippines versus Angelina Gonzales. There is no bail recommended. Malaya at kusang loob na salaysay ni MEDELITA GONZALES na kinuha ni PO3 ADLAI JOSEPH CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-8:30 ng umaga petsa 14 ng Pebrero 2010. X-----------------------------------------------------------------------------------------------------------------X 01. T: Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya? S: Para magsampa ng demanda laban sa taong pumatay sa aking anak na si Xian Miguel Gonzales. 02 T: Ano ang iyong pangalan, edad at iba pang impormasyon na may kinalaman sa iyong pagkakakilanlan? S: Ako si MEDELITA GONZALES, 45 taong gulang, may-asawa at nakatira sa Brgy. Dili, Bauang, La Union. 03 T: May katibayan po ba kayo na talagang patay na ang inyong anak? S: Meron po, ang kanyang death......

Words: 11110 - Pages: 45

Premium Essay

Capital Punishment

...another. Coincidentally, that is the definition of murder. There are 36 states with the death penalty, and they must change. These states need to abolish it on the grounds that it carries a dangerous risk of punishing the innocent, is unethical and barbaric, and is an ineffective deterrent of crime versus the alternative of life in prison without parole. Capital punishment is the most ­irreparable crime governments perpetrate without consequence, and it must be abolished. “We’re only ­human, we all make mistakes,” is a commonly used phrase, but it is tried and true. Humans, as a species, are famous for their mistakes. However, in the case of the death penalty, error becomes too dangerous a risk. The innocent lives that have been taken with the approval of our own government should be enough to abolish capital punishment. According to Amnesty International, “The death penalty legitimizes an irreversible act of violence by the state and will inevitably claim innocent victims.” If there is any chance that error is possible (which ­there always is), the drastic measure of capital ­punishment should not be taken. Also, it is too final, meaning it does not allow opportunity for th accused to be proven innocent, a violation of the Fifth Amendment which guarantees due process of law. District Judge Jed S. Rakoff of the United States Second Circuit Court of Appeals in Manhattan ­argued against the death penalty: “In brief, the Court found that the best available evidence......

Words: 1059 - Pages: 5

Premium Essay

Death Penalty

...another. Coincidentally, that is the definition of murder. There are 36 states with the death penalty, and they must change. These states need to abolish it on the grounds that it carries a dangerous risk of punishing the innocent, is unethical and barbaric, and is an ineffective deterrent of crime versus the alternative of life in prison without parole. Capital punishment is the most ­irreparable crime governments perpetrate without consequence, and it must be abolished. “We’re only ­human, we all make mistakes,” is a commonly used phrase, but it is tried and true. Humans, as a species, are famous for their mistakes. However, in the case of the death penalty, error becomes too dangerous a risk. The innocent lives that have been taken with the approval of our own government should be enough to abolish capital punishment. According to Amnesty International, “The death penalty legitimizes an irreversible act of violence by the state and will inevitably claim innocent victims.” If there is any chance that error is possible (which ­there always is), the drastic measure of capital ­punishment should not be taken. Also, it is too final, meaning it does not allow opportunity for th accused to be proven innocent, a violation of the Fifth Amendment which guarantees due process of law. District Judge Jed S. Rakoff of the United States Second Circuit Court of Appeals in Manhattan ­argued against the death penalty: “In brief, the Court found that the best available evidence......

Words: 1061 - Pages: 5

Premium Essay

Punishment Versus Rehabilitation

...Punishment versus Rehabilitation AJS/502 March 17, 2012 Punishment versus Rehabilitation For centuries the criminal justice system has struggled with punishment versus rehabilitation. Rehabilitation is the belief in curing a criminal of his or her criminal tendencies. By curing the criminal of his or her tendencies, he or she will one day be cast out back into society and be a contributing member. The idea behind punishment is to deter society while giving the offender his or her just deserts. The criminal justice system is a complex machine that society has designed to rehabilitate the offender while punishing the offender. The question still remains, is punishment or rehabilitation more important, depending on the person will depend on the answer. Deterrence of Crime Deterrence is one primary objective of criminal law. The goal is to discourage members of society from committing criminal acts out of fear of punishment (Farlex, 2008). Facing the criminal justice system can be a powerful deterrent. If an individual breaks a law he or she will be apprehended, convicted, and punished (Farlex, 2008). Many researchers have begun to look at personal choice. “An understanding of personal choice is commonly based in a conception of rationality or rational choice” (Keel, 2005, para 1). Cesare Beccaria and Jeremy Bentham are early classical theorists who analyzed human behavior concepts. “The central points of this theory are: (1) The human being is a......

Words: 1696 - Pages: 7

Free Essay

Week 4 Tutorial Ethic232

...challenging to choose this decision after being so convinced that the suspects were guilty of the crime. However, because my partner interviewed the boys separately didn't videotape it and the parents were never contacted this is a major violation of the law. It was a terrible thing that happened to the victim and then I feel guilty for the family, but because of the inappropriate decisions of my coworker I had no choice but to inform the district attorney. Any parent could argue under the fourth amendment right against unreasonable search or seizure, probable cause is a necessary prerequisite to interviewing the child without parental consent. "The Supreme Court recently expanded on those rolls, however, when it decided that the police must take a person's age into account when determining whether the circumstances of the case merit a Miranda notification" (Pruett, 2011). Miranda rights for minors are different from the Miranda rights of adults. In the case J.D.B versus North Carolina, police stopped and questioned the 13-year-old seventh grade student when they saw him near the site of two home break ins. The child was also later question at the school behind to close doors with an officer and two school officials and was never told that he was allowed to leave the room, given a Miranda warning or given the option for parents to be there. After the boy was question for 30 minutes 10 minutes of the crime. After you made to the crime he was told only then that he could......

Words: 667 - Pages: 3

Premium Essay

Rehabilitation vs Punishment

...Rehabilitation Versus Punishment Tyler Ross Macomb Community College In this essay, I will go over the issues of punishment versus rehabilitation for convicted offenders. The issues I will point out will be how punishment and rehabilitation affects deterrence of crime, how it impacts the victims and their families, and the financial impact upon society. This debate will show both pros and cons to punishment and rehabilitation. The criminal justice system and the public have opinions on how each should work and not work. I will go over each side of the issue when it should be time to punish or rehabilitate. The Deterrence theory is if one commits a crime the punishment should outweigh the crime. To prevent crime from occurring the law will show through punishment. The punishment should outweigh the crime. If you put the fear of punishment into the criminal, then he will think twice about committing the crime. Crime has been part of society for a long time, and the usual punishment is to incarcerate. Even though incarceration is a temporary fix for the felon, research shows “recidivism amongst convicted felons following release from prison is as high as 63%” and most of the inmates had arrest records and convictions prior to the incarceration of their current offense “ (Carson & Mulako-Wangota, 1989). Others argue rehabilitation is a deterrence to crime. Rehabilitation has long-term effect on offenders since it would prevent future crime from happening. Also......

Words: 1212 - Pages: 5

Premium Essay

Article Review: Sexual Harassment

...responsible for the conduct of employees in relation to other employees. Free people have rights to associate with each other, and it is human nature to engage one another resultant of our natural attractions. In “quid pro quo” sexual harassment, a superior responds to rejection of a sexual advance by subjecting his or her subordinate to adverse job action such as denial of raise or promotion, or termination. “Hostile work Environment”, which has no clear definition, is the second type of sexual harassment. This occurs when any number of actions, occurring repeatedly, alters the circumstances of the workplace. Employers must protect themselves and their employees by enacting clear sexual harassment policies with the goal of creating a harassment-free workplace. Sexual Harassment – The Employer’s Role in Prevention This article was written by a labor attorney as an informative piece to be utilized by his fellow law practitioners; hence it’s publication in the American Bar Journal. The first conclusion representing what this article is about comes from its beginning, where the author states the obvious; “That there is a financial imperative to eliminate improper conduct as well as a moral one, as such conduct can result in extensive monetary liability imposed by juries that determine sexual harassment has occurred.” (Schickman). It’s no secret that employers of virtually any size have a right to be concerned about sexual harassment, and have every reason to......

Words: 916 - Pages: 4

Premium Essay

Criminal Justice Problems

...Problems within the Criminal Justice System In the United States Abstract: This research paper explores some problems faced within the criminal system justice in the United States. Larry J. Siegel’s book “Criminology” gives us a history of the criminal justice system, how it operates, and some of the problems we experience with this system. Some of the problems detailed in this paper include the right to equal justice; which he explained the different kind of judgment that people receive based on their race, gender and class, the criminal justice system spends more money on criminals instead of improving technology for the police apprehending them, the criminal justice system lacks of sentencing disparity, reliance on eyewitness and modern technology can lead to conviction of innocent citizen, and finally the rehabilitation model which is set up to educate criminals and eventually let them free because of the belief that they are changed people and have been rehabilitated. According to the definition from the text “Criminology”, the term criminal justice system refers to “the components of government charged with enforcing law, adjudicating criminals, and correcting criminal conduct” (Siegel, 2009, p. 558). According to Siegel, the criminal justice system is essentially “an instrument of social control: society considers some behaviors so dangerous and destructive that it either strictly controls their......

Words: 4821 - Pages: 20

Premium Essay

Jodi Arias Trial

...arrest. Following the arrest, bail is set and a preliminary hearing is scheduled. If the defendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a jury is selected and the trial begins. If the defendant is found guilty, a sentence is imposed, usually within a few days of the jury’s verdict. If the defendant wishes, he or she can then appeal the guilty verdict and sentencing, thus beginning the trial process again. Police officers, detectives, prosecutors, and defense attorneys make great efforts to ensure justice is served swiftly and fairly, thus creating a strong and effective criminal justice system. Description of the Crime Jodi Arias was arrested in July 2008 for the brutal murder of her boyfriend, Travis Alexander. Travis was stabbed twenty-seven times; his throat was cut, and he was shot in the head in his Mesa, Arizona home. Jodi and Travis met at a Prepaid Legal conference and began dating. They fell in love, travelled together, and attended the Mormon Church together. Shortly thereafter, Travis ended the relationship with Jodi to pursue someone he found suitable for marriage. In the months following, friends of Travis say Jodi stalked him, although she denies these allegations. Following the murder, detectives found a camera in the victim’s washing machine. The...

Words: 1603 - Pages: 7

Premium Essay

The Great Escape

...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life......

Words: 19267 - Pages: 78

Free Essay

Book Review

...Review of: David D. Freidman’s Law’s Order Chapters: 4. What’s Wrong With the World, Part 2 8. Games, Bargains, Bluffs, and Other Really Hard stuff 9. As Much as Your Life is Worth Abstract This book contains a different style of viewing not only the legal system through the eyes of an economist, but as some may take from it, different ways to perceive the interactions that are encountered daily in life. If there were only one human in the world, he/she could do as he/she pleased. As soon as there enter two, the questions of whose interests and exertions of those interests and how they interact with those of the others’ can cause results that were not always in the desired outcome of one or even both people. Therefore, how should these said interactions be handled? When is it necessary to bring laws into the dealings of any situation and to what degree? This book take on these questions and gives examples that can be interpreted in different ways to give a different view on how and why we may or may not need laws; while leaving enough room for the reader to make their own judgments. Chapter 4: What’s Wrong With the World Part 2. Nothing works Costs are produced by one person and borne by another. This simple statement is simply stating that costs’ are not made by only one person in any given situation. As in the example of the polluter and the person being affected by the pollution; there were choices on both parties to bear costs of being......

Words: 3855 - Pages: 16

Premium Essay

Development of Laws and Customs

... (5) Legal Systems of the World (8) Custom (20) International Law (22) Annexure (28) Bibliography (33) Acknowledgment (34) Introduction There ought to be, and many times is, a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person, group of people, or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example, it is easily understood that since each man has a natural right to survive, flourish, and pursue his own happiness, no other man or group of men should attempt to deprive him of a chosen value or action through the initiation or threat of force. Historically, socially emergent ideas of legal principles, oftentimes in accord with the nature of reality, occurred prior to their adoption by political authorities. Voluntary forms of governance through customary private laws preexisted state law and effectively ordered human affairs. Law arose as a spontaneous order – something to be discovered rather than enacted. Law is an evolutionary systemic process involving the experiences of a vast number of people. There are different theories that...

Words: 8905 - Pages: 36

Premium Essay

Sexual Harassment

...Employment Opportunity Commission, sexual harassment is defined as unwelcomed sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of sexual nature but can also include offensive remarks about a person’s sex. Sexual harassment claims are becoming more popular as years go by according to reports showing increases in number of claims submitted within the past years to current. Sexual harassment is illegal when matters become severe by creating a hostile environment and or adverse employment decision, including termination or demotion. Sexual harassment has become more tolerable because society has failed to recognize the behavior and do something about it versus accept the behavior and belittle ourselves. Regardless of the sex, sexual harassment can happen to anyone any age, there is not a set age requirement on the rules and regulations when it comes to sexual harassment cases. It is important for companies to have a written policy and procedure when it comes to sexual harassment within the workplace. Not only to protect the company if a case should be filed against them but to also educate their staff on what proper way to conduct themselves while at work as well as the steps to take should they be harassed, know off someone being harassed, etc. Many steps are to be taken when it comes to a case: first ask the harasser to stop and inform them if they do not stop you are going to report......

Words: 5190 - Pages: 21

Premium Essay

Social Justice Versus Criminal Justice

...Running head: SOCIAL JUSTICE This is a sample paper for Dr. Matthew Robinson’s class … CJ 5150, “American Justice System and Social Justice” at Appalachian State University The paper is not be used for any purpose other than illustration for students in the class!!! Social Justice versus Criminal Justice Appalachian State University Social Justice versus Criminal Justice In this paper I will discuss how different aspects, policies, and procedures of the United States criminal justice system are inconsistent with the principles of social justice posited by John Rawls and David Miller. The criminal justice system does not promote socially just outcomes or practices. First of all, the criminal justice system is not really a system at all; it is a network. Second, criminal justice places greater emphasis on crime control, rather than due process rights. Our system encourages punishment rather than rehabilitation. Finally, criminal justice policies such as the death penalty and the war on drugs reflect prejudices within the system, resulting in unequal treatment. Before beginning to explain these flaws within criminal justice, I will first define social justice and explain the essential social justice principles suggested in Rawls and Miller’s theories. Social Justice Justice is based on two supposedly equal conceptions. First, guilty offenders are held accountable for their actions and second, that criminal......

Words: 5791 - Pages: 24

Premium Essay

Honour Killinf

...HONOUR KILLING: MURDER IN THE NAME OF HONOUR CHAPTER 1 INTRODUCTION Honour killing is a deep rooted brutal and burning human rights issue in India and other countries. Women particularly are the victims of the gross violation. They exist all over the world but no religion stipulates them. Outdated traditions and alleged honour violating behaviour are the motive for these crimes. The victims are almost always female. Young, unmarried women can "dishonour" their families easily. Every year hundreds of women are killed in India in the name of honour and many cases go unreported and almost all of them go unpunished. The criminal justice system is unable to combat it though it is claimed that the criminal justice system is the most legitimate institution to control this practice in the country. Honour is the most precious moral attribute of mankind. It is deeply ingrained in its nature. Defence of honour even at the cost of life has been prevalent in human beings since ages. It is a commonwealth of close blood relatives. Defilement of honour is taken as the most atrocious social crime and its redemption becomes a joint and sacred duty of close-knit people. Debased groups have a soft approach towards transgression of honour. The sentimental chord dormant in them may react at times; its degree may vary from group to group. Tradition-bound rural societies invariably react violently for the redemption of their honour. To them honour is dearer than life. Honour......

Words: 30961 - Pages: 124