...“Privatizing conflicts”. Concerns with restorative justice Table of content Introduction 2 1 The appeal of restorative justice 3 2 Privatizing conflicts 5 2.1 Legal sphere concerns with privatizing conflicts 5 2.2 Feministic concerns with privatizing conflicts 8 3 Underexplored pitfalls 11 Conclusion 12 References 14 Introduction This paper is written within the framework of the master course ‘Restorative Justice’. It aims to be an academic reflection on some of the concepts educated throughout these classes.[1] The literature on restorative justice is extensive and therefore the case for it will not be made again here. Basic notions will not be repeated in this paper. The majority of criminologists already accept the letdown of the current criminal justice system on certain accounts; problems have been solidly exposed and opponents of restorative justice have been constantly defending the need for their rationale. Perceived advantages are well-known and have been documented soundly. But this work attempts to look beyond the reform minded and optimistic spirit that most of the restorative body of thought (rightfully) carries. Certain less obvious aspects of the theory might be underconceptualized, overlooked or taken for granted. Taking the concern of some more critical authors that restorative justice processes ‘privatize’ conflicts as a starting point, it will be explored whether or not this privatizing...
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...The criminal justice Administration Analysis and ethics 484 4/20/2015 Dwayne Carr The criminal justice Administration Analysis and ethics Professional conduct and ethics are essential pieces, to the criminal justice administrations with ethics is defined what a person moral beliefs is right from wrong. The criminal justice administrations have to deal with a problem that are ethical on a daily basis and have to handle the ethical situation in behavior that is professional. The criminal justice administration and the law enforcement administration have a terrible time with professional conduct, and ethic’s particular matters might be hard to take on for the reason. Because of administration of criminal justice have a duty of creating moral decisions of what counts as right or wrong makes them have to be very professional. Also, employ critical thinking skill as well. Within this paper, it will analysis discuss, the critical thinking with the concerning association with ethics. In addition, professional conduct role with police officers, as well as the five areas of the ethical conduct, should communicate within the seminar. Also the reason to choice those areas and the suppose benefits, with the training for each the public and law enforcement. Professional Code of Ethic for Law Enforcement With the professional organization, concerning with certain parts of the law, medicine, also the criminal justice system as well...
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...Ethics in Criminal Justice Administration Analysis CJHS/484 March 23, 2015 In this paper I will discuss and “analyze the relationship between ethics and professional behavior in the administration of the criminal justice system. Also discuss the role of critical thinking with the regards to the relationship to ethics and professional behavior” (The University of Phoenix, 2015). And a proposal a seminar on due process and how there are several steps that fall into the classification of the professional standards and values that have to do with the criminal justice system. The due process model meets the criteria for professional and ethical standards that are within the criminal justice system. The model goes to show that those in the criminal justice system is conducting themselves in a professional and ethical manor that uphold the rights of all those involved from inmates to co-workers within the criminal justice system. Due process model “is a type of justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life liberty or property without appropriate legal procedures and safeguards” ("USLegal: Due Process Model Law & Legal Definition", 2001-2015). “The due process generally requires fairness in government proceedings” ("USLegal: Due Process Model Law & Legal Definition", 2001-2015). In example a person that is charged with a crime has the right to counsel, “right to a speedy trial and to be heard and...
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...present (Adler, n.d.)”. These feelings in society guide the professional behavior that makes up the theory of criminal justice is a crucial part of criminal justice system, and the ethics that make up moral principles of right and wrong, administration that distributes burden and stresses common good in our legal system. We are, faced with ethical issues every day and must deal with components that make up our involved system in a professional manner. The administration of criminal justice, especially the policing of society and individual rights requires professional behavior in certain situations and may often for those on the outside looking in to find it difficult to handle. The criminal justice system has obligations of making moral judgments of what is right or wrong and must be done professionally and with the use of critical thinking. Because law enforcement its successes and failures are often judged by society vise right and wrong the system is under great scrutiny even from those that manage the system, and understand the stresses involved. The relationship between theories, and how they are defined like the principles of utilitarianism, and the manner in which agencies are defined through professional behavior and ethics of professional behavior is part of the analysis. What are some of the principles of justice theories? Explain how the principles of these theories differ from traditional utilitarianism? Principles...
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...Victims and Crime Evaluation Paper Criminal Law/CJA/354 An alarming amount of innocent people become victims of crime every year, and the victim’s rights are every bit as important as the offender’s rights. There are certain tendencies that appear within patterns of crime and victimization, such as adolescents are most likely to be victimized, men become crime victims more often than women, and African Americans experience more crime than other racial groups (Newmark, 2008). Victims of crime suffer from physical, emotional, psychological, and financial issues. Some of the issues victims of crime face are physical injury, fear for personal safety, medical expenses, counseling expenses, feelings of fear, grief, shame, and anger, and lost income. Victims of crime needing assistance may believe they are overlooked or even revictimized by the criminal justice system, a system that may appear to be more concerned with the criminal’s rights than with the needs and rights of the victim. This paper will address the role the prosecutor, defense attorney, criminal, and victim play within the criminal justice system and how victimization affects each. The Prosecutor The prosecutor plays a critical role in the criminal justice system and serves many functions throughout the criminal justice process. Some of these functions are as follows: * Investigating * Helping the police build a case against the person(s) * Bringing charges against a person(s) * Arranging...
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...executive director of the Equal Justice Initiative gave a ted talk titled “We Need to Talk About an Injustice”. In that talk, he discussed the current condition of the American criminal justice system and the issue of mass incarceration. He stated that “we have a system of justice in this country that treats you much better if you're rich and guilty than if you're poor and innocent. Wealth, not culpability, shapes outcomes.” I found this to be a profound quote on the criminal justice system as it seems contrary to everything the rule of law is about. So I considered if this was similar in a Canadian context, if there are any inequalities in the way we administer justice, and criminal law. I found...
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...Global Crime Analysis Sequina Allen CJA/394 August 11, 2012 James Wheatley Global Crime Analysis Every nation of the world experiences the same crimes on some level within their society. From burglary to murder, every nation must deal with the criminals who help in various ways to shape the society that many either admire or fear. The rates of crimes around the world are significantly different from the crime rates that occur within the United States. The political and social structures of these nations often help in predicting the types of crimes that are more prevalent around the world compared to what is more prevalent within the United States. These structures also help to predict the ways in which the nations deal with these crimes within their criminal justice system. Through the evaluation of major global crimes and criminal issues, one can better understand the global impact that these crimes have on the national and international justice systems and processes. First, the prevalence of certain crimes varies from nation to nation and can often be based on the political and social structures of that nation. For example, in middle-income and developing countries, homicide is far more prevalent compared to nations with higher incomes (Shaw, et al, 2004). Research reveals that nations that have high rates of homicide tend to be accompanied by social and political unrest, where crime organizations tend to run the country more than the politicians (Shaw, et...
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...ideologies include the system of institutions such as family, churches, the education system, and mass media. The ideologies of the ruling class thus render the working class (proletariat) into conformity by persuading them that the interests of the capitalists (bourgeoisie) are also in the interest of the working class. These ideologies defend and uphold the social position of the ruling classes. Jeffery Reimen stated that, the rich get richer and the poor get prison, thus, as the laws reflect the ideologies of the ruling class, there cannot be equality before the law, as the law protects those who define it. This essay will demonstrate the issue of the justice system within capitalist societies and the effects of the law and policy formations that reflect the wishes and ideologies of the ruling class, while exploiting the poor. The broad theory of critical criminology also known as radical criminology, explores various theoretical perspectives, specifically Marxist criminology and labeling theory. In light of these perspectives, this essay will provide insight on the disproportionate and bias treatment of the criminal justice system. White-collar crime (corporate crimes) and blue-collar crime (street crimes) will be used as illustrations of the disproportion of class systems within capitalist societies in terms of the criminal justice system, which further address how legislations and policies reflect the wishes ideologies and of the ruling class. Critical...
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...in the question overstates its significance. The idea that there can be a juvenile delinquent is impossible without the concept of childhood as a distinct phase of individual growth and development. ‘Childhood’ has become a universal category; a status which affords particular rights, for example those outlined in agreements between states such as the universal declaration of the rights of the child. This recognition of the special status of ‘childhood’ is a social construct (Hendrick, 2002). We may take our understanding of what it is to be a child for granted as ‘natural’ but it is not until the late middle ages that a period and morality of childhood began to be distinguished from adulthood within the aristocracy and nobility (Muncie pg. 49). In the English legal system, prior to the late 18th century, no distinction is made between the adult and child offender and consequently the concept of the juvenile delinquent did not exist in any meaningful sense. As far as the law was concerned there was no separate category ‘juvenile’. Adults and children were treated...
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...Australia, in order to impose over the customary laws of the Indigenous, the British needed a valuable excuse and claimed that they had no rational system of law. This leads to the advancement of legal positivism which imposed on methods of ruling, which is a shift away from the moral standards of society to law enactment. With the increase of immigration in Australia, the diversity in culture start to cause numerous problems within criminal justice. (Golding 2002 : 147) Australia is said to have migrants from over 200 different countries (Department of Foreign Affairs and Trade). This means that under international law and the human rights, these ethnicities ought to get some recognitions from the law, within the boundaries of tolerance. (Raz : 1998) However Australia follow shared values such as egalitarian and respect of the individual belief. In relation to “Cultural Defence” in a criminal case, this would mean that the defendant seek a different treatment. In the ARLC 57 report of multiculturalism and the law, Australia already take into considerations the varieties of cultures within the country. Obedience to the law might be complicated depending on each individual, and might result in the breach of cultural tradition. However the Act clearly state that in the Common law system, unawareness of the law will not be...
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...“American Violet” Critical Analysis Ashley ReBarker SOCI 3025 Dr. Sitawa Kimuna The “American Violet” sparks up a lot of issues that we see today in our society. These issues are very important as they deal with equality among our citizens but they may often be overlooked. The issue I am going to discuss in this critical analysis is Racial Prejudice in the Criminal Justice System. Racial prejudice happens every day and may never completely end, but one would think that it would not take place in a professional, uniform place such as the Criminal Justice System. After watching this movie, I have been taken back by the actions of the people in charge of this system. The 14th Amendment states that “ no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; no shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S Constitution). The individuals in this film were not treated equally compared to the whites in this town and this was the result of racial prejudice. Dee, the main character of the movie, is a mom to four kids in a small town in Texas. The movie starts out with the SWAT team/policemen raiding the “projects” where Dee lives. At this time Dee is at work at a local café where they eventually find her at and arrest right on the spot. Not once do they tell her what she is being arrested...
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...most visible representatives of the government. In their hour of need and when there is no one to help, citizens will almost always seek help from the police. Members of the police department are supposed to be the most approachable representatives of the government of the day. In cases of accidents, disasters or criminal activity, the police department is always the first to be informed. The major roles of the police departments in any society include: maintenance and enforcement of the law, maintenance of order and service. It is the function of the police department to maintain and enforce the laws of the land. To this end, policemen are expected to uphold the law as well as to enforce it impartially and without bias. It is the function of the police department to protect citizens’ lives, property and integrity. Police departments have the function of protecting the human rights and liberty of the members of the public. They are also charged with the responsibility of creating a feeling of security in the community. As part of law enforcement, policemen maintain records of all criminal activities reported to them. They are also expected to investigate these criminal activities, identify and apprehend the perpetrators. The other major function of the police departments is the maintenance of order in the community. This entails maintenance of peace and prevention of activities that might potentially disturb others. To this end, policemen facilitate orderly movement of motor vehicles...
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...Introduction The criminal justice field with many different challenges faced daily; leader such as the Chief, Sergeants, and lieutenants have their roles and responsibilities in which they must carry out with. Even though these positions faces issues, their roles and responsibilities are different higher up their title goes. This paper will describe challenges faced by leaders today, and explain steps the justice system can take to affect change for the future. The Chief In the police department the top position is the chief of police, and he or she must be ready to face scrutiny that comes their way. The chief will face new and old challenges and any problem that arise within the department. The responsibilities he or she has when in this position are ensuring the public and the department on safety, manage the department of police and public citizens who works for the department. Communication skills of a chief must be excellent so he or she can get their vision across to the public and the department, they cannot be bias, and must be ready to lead their department. The chief must be able to handle conflicts calmly and as accurate as possible, thus could lead him or her to be accepted by the department and the community. Crisis Leaders within the law enforcement deal with many challenges of “Noble cause corruption” which stands for “corruption committed in the name of good ends, corruption that happens when police officers care too much about their work. It is corruption...
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...Court Issues Analysis Introduction Management and administration of criminal courts are filled with many obstacles and challenges. Depending upon the geographical context of the court and whether, many of the challenges the courts within the judicial system face are making sure laws are being followed, resource shortage, balancing local ordinance with constitutional law and ensuring society understands these ordinances and laws. The judicial system is one that continues to change and evolve with time. Although the judicial system has changed for the better as opposed to when it was first established, there are many issues that administrators in the criminal court system face today. Throughout this paper I will discuss these issues as well as access the past, present and future impact those victims’ rights laws have on court proceedings. One of the issues the criminal courts face today is the question of whether or not the judicial system is effective due to the arising issue of language barriers. How can one legally understand their rights if they don’t understand what’s being communicated to them? Can one defend or explain themselves if they are unable to communicate? The answer is no. Language Interpretation Issues and Trends Language interpretation is an issue within the court system that has always been around. Understanding the legal system and all the many laws alone can be a confusing process for anyone. Having a language barrier just...
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...David Tillman Professor Kathrine LaPrad Critical Thinking ID 301 28 October 2011 Reevaluating the Judicial System: Does Race Determine the Severity of Your Sentence? If a white and black man both commit robbery under similar circumstances who will receive a more severe sentence? In this essay we will review instances that will help to determine if the judicial system needs to be reevaluated due to racially unfair sentences. The judicial system was created to interpret laws instituted by the state or federal government. It was also brought about to serve as a setting where individuals can have their disputes resolved (www.answerbag.com). Many issues over the years have come up where race has played a major issue on what kind of sentence is handed down to the accused and continues to go on to this day. Any system can only be as good as its contributing parts. The criminal justice system constituent parts are imperfect human beings. Through multiple research that had been deemed sufficient; a decision of whether the racial bias that is within the system is the fault of the system or the people who create the system had yet to be determined. There is no doubt that there is a need to eliminate racial bias within the criminal system because it does exist. The question that keeps coming up is whether the changes need to be made within the system or within the society that it is a part of. Does Race Decide Your Sentence Severity? In every state statistics show that the prison...
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