...Classism and Criminal Justice Draft 2 Justice is a term that we hear every day and accept although many of us have skepticism as to what it truly means. In general, justice is the idea of righteousness and equality. In regards to society’s views on how “just” the criminal justice system is, we always incorporate the “ism’s”: Racism, sexism and classism, to demonstrate some of the pitfalls that the system has. Though it is obvious that all of these societal differences play a large role in the criminal justice process, I will focus on classism. Classism is the discrimination against a group or individual based on social and economic status. Classism is one of those “ism’s” that occurs more than we notice and sometimes, we may confuse it with things like racism or sexism. Classism, in my opinion, plays a larger role in the criminal justice system as opposed to the other forms of discriminatory practices. In particular, class largely comes into play during the sentencing process. Many authors argue that factors outside of class play a more important role, but I believe that there needs to be more attention paid to the role that class plays in targeting and the sentencing process in the criminal justice system. In order to understand the role that class plays in the sentencing process, we must, first, look at the role that it plays before the criminal reaches the day of sentencing. There are a plethora of publications that speak on profiling and actuarial methods which get people...
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...Kristopher S. Bolds Classism and Criminal Justice Justice is a term that we hear every day and accept although many of us have skepticism as to what it truly means. In general, justice is the idea of righteousness and equality. In regards to society’s views on how “just” the criminal justice system is, we always incorporate the “ism’s”: Racism, sexism and classism, to demonstrate some of the pitfalls that the system has. Though it is obvious that all of these societal differences play a large role in the criminal justice process, I will focus on classism. Classism is the discrimination against a group or individual based on social and economic status. Classism is one of those “ism’s” that occurs more than we notice and sometimes, we may confuse it with things like racism or sexism. Many authors argue that factors outside of class play a more important role, but many believe that we should be more attentive to the role that class plays in targeting and the sentencing process in the criminal justice system. In order to understand the role that class plays in the sentencing process, we must, first, look at the role that it plays before the criminal reaches the day of sentencing. There are a plethora of publications that speak on profiling and actuarial methods which get people into the system. Though these are two large proponents of the discriminatory acts that exist within the confines of the criminal justice system, it does not begin with these institutionalized methods...
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...are the ideas of the ruling class. The class that owns the means of production, also owns the means of mental production, thus the ruling classes inform and influence legislation and policy in order to reflect their ideologies. The term ideology is embedded from German philosophers, Karl Marx and Friedrich Engles; such 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...
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...The paper on hypothesis justice examination 544 2/29/2016 Melba V. Pearson The paper on hypothesis justice examination Within some of the most flourishing societies, Justice is handled with an offender is obtaining punishment. So that the public, within society, can live and humanity and be safeguarded from the criminals. Although in actuality, the people that committed these crimes obtain punishments, which is below what justice demands which by doing that cheats people that are not criminals. In this paper, it will discuss what a few, of the standards of justice speculations, are. Clarify how the standards of these hypotheses vary from conventional utilitarianism, how is justice characterized by current criminal justice organizations and different entities included in the criminal justice framework, how can this change from security. Therefore, that it will help better identify, with the theory of justice analysis and it importances to society and the criminal justice system. The principles of justice theories “Rawls discussed in his theory that libertarianism, also fairness from justice (Souryal S.S, 2015).” He pays attention, to the theoretical model so that Rawls can explain his type of justice. Within the hypnotically from people are mandatory, to pick the primary beliefs of the essential institution of a given civilization. The outcomes options created; from the public within a civilization will each be just also equal...
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...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 justice processes...
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...Introduction The criminal justice system is a necessary aspect of the American society that includes the Constitution and the bill of rights. The value of the laws is to protect the innocent and punish the guilty, to ensure safety, and equality treatment for all. In protecting the society, the criminal justice system has evolved with society when making changes in technology; this change is to detect growing trends. When changes takes place criminal justice system is keeping up with the society as a priority because society is always changing. Criminal Justice Trends Evaluation Most everyone has different views or opinion of the criminal justice system, such as harsh, too lax. favor one side, or the other. Trends have been there for many years but the main issue has been the capital punishment. Capital punishment has been around for centuries but was cheap in those days where they use an axe or a sword to behead a criminal, and this was the method used, and the tools used were always readily available. Throughout the history capital punishment has been an aspect within the criminal justice system, but not accepted by many. Capital punishment is still used but there has been so much controversy, different methods has been used in the past and present, and have advanced with technology, with lethal injection and electrocution. When creating the new method, there were many items being viewed to forbid cruelty and barbaric. Today these methods are used in certain...
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...Theory of Justice Analysis Conception and reality often clash when applied to everyday. In the most optimal society justice is served by punishing criminals so that law abiding citizens can live their lives in peace. The reality is that criminals receive punishments that are less than justice demands and the non-criminals are cheated. This short paper examines justice theories, the utilitarian view, modern justice view and the security based justice. It is important to consider individual justice, mob justice and societal justice as separate institutions. To better understand these institutions the next section explains justice theories. Justice Theories In this section two types of justice will be discussed: Rawl's Theory of Justice as Fairness and Libertarianism. Rawls focused on a hypothetical model in order to describe his form of justice. In this hypothetical model individuals are required to choose fundamental principles of basic institutions of a given society (Ilstu). The result choices made by the members of this society will be both fair and just. The two principles are as follows: Equal Liberty and Difference. "The Equal Liberty Principle states each person is to have the maximum civil liberties compatible with the same liberty for all (Ilstu)". These would be the principles of the United States Constitution; all American citizens are privileged to receive full civil liberties based on the laws of the land. "The Difference Principle states inequalities...
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...The Criminal Justice System, a system the British government set up to deal with the treatment of law-breakers, has three main goals to achieve social order, these are, (1) enforcing criminal law, (2) maintaining law and order in the society, and (3) helping victims. This may seem to be a well thought of system, but like any other organisation, there are flaws, and one of the major flaws is discrimination, and the bias that stems from discrimination. Discrimination on the basis of class, gender, sexuality and ethnicity operates at the level of attitude, on the street, in the home, at the workplace or at social venues. In regards to the Criminal Justice System, race and gender are always accounted for in court proceedings. As Smith in 1997 said, “the apparent ‘fairness’ of the criminal justice system does not mean that the outcomes will necessarily be unbiased”. Tonry in 1997 found that even though certain ethnic groups are far more often caught in the net of criminal justice than others, they have elevated rates of official offending which differ from one country to another. The major ethnic group in Britain and Wales being black people whose families originated from the Caribbean in the 1940’s. (cited in the Oxford Handbook). Black people find themselves subject to rules made for them by white people, it is also the same for other groups living in the same culture, e.g. it seems to be men that make the rules for the women in society, even though this seems to be changing...
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...The Psychology of Criminal Behaviour: Theories from Past to Present by editor i Arista B. Dechant, Fort Hays State University, Kansas download this essay: theories-of-criminal-behavior Arista writes: I have been involved in extensive research since undergraduate school surrounding criminals and how they operate. There are many ideas surrounding the cause of antisocial behavior and criminality. Through this independent study class for Fort Hays State University’s Justice Studies (Graduate) Program, I felt I would have the perfect opportunity to explore many of theories which have developed, over time, to explain criminal behavior. It is my hope that this research paper will provide an extensive and educational look at how the psychology of a criminal impacts the activity which is produced. It seems that every year brings new ideas, but I feel that the following is a conclusive look of research compiled from the beginning of criminality to the present. I have also provided a history of criminality and how it has developed into what we now understand as forensic psychology. This field will always remain fluid with discovery, and my greatest pleasure would come from being part of it in the future. [pic] “Wherever he steps, whatever he touches, whatever he leaves behind, even unconsciously, will serve as a silent witness against him.” Edmund Locard The application of psychology in the criminal and civil justice system is known as forensic...
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... The consensus and conflict models within the criminal justice system have very different but clear-cut origins. While the consensus model has roots that go as far back as in the time of Socrates, it is John Locke’s, 1632-1701, “Social Contract Theory” that the consensus model is based upon. When a legitimate government is established with the express consent of its people, the consensus model assumes that the components of the criminal justice system will work together cooperatively to achieve the same goal. This model hypothesizes that there is a central value consensus in society, which is reflected in the laws enacted and enforced. It is believed that the consensus model is the best organizational system for promoting justice. As an example, local, state, and federal law enforcement agencies would share intelligence and other resources to help combat drug trafficking. The conflict model has its origins rooted from the Marxist ideology that centers around class divisions. It is believed that society is split along economic lines and that the wealthy enact and use criminal laws to punish and oppress the working class and poor. In the criminal justice system, the conflict model presumes that each component will function primarily to serve their own interests. It is also used to describe the conflict between law enforcement and due process. For example, law enforcement agencies want to apprehend criminals and put them in prison. The district attorney’s office...
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...Comparison of Control and Conflict Theories Ben Lott CJA/542 March 26, 2012 Cheryl Reyes Comparison of Social Control and Conflict Theories Social Control Theory These two theories have been open for discussion for many years, and have become two of the major theories concerning crime. These two theories examine the inner portions of crime to family environments as well as the social aspects of crime. This paper aims to compare the two theories, and by opinion choose the one that I think directly relates to crime issues in the present state. Social Control Theory touches bases relating to social norms, such as social bonding, commitment, moral values, and beliefs as to regarding why people do not commit crime while also it believe that these same portions of the theory will cause the commission of crimes. Most people view this theory as an “motivational” while dismissing the motivational evidence as a leading contributor to crime. One more prominent Social Control theorists is Travis Hirschi. According to Hirschi (1969) viewed the motivations as so “natural to human beings that no special forces were necessary to explain law-breaking” (Hirschi, 1969, pg.1). Human beings are very busy objects, and they will run wild if not controlled by some form of social control or norms to curb their behavior. Supporters of this...
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...Court System….is it fair or unfair justice??? America was built on the premise of everyone having equal rights. After years of British tyranny our forefathers felt they wanted a system where they will not be improperly punished without facts. In fact the framers of the Constitution felt they needed a system where everyone gets a fair shot. In America everyone who is accused of a crime is supposed to have a fair trial and is assumed innocent until proven guilty. Sadly, however, some would argue America’s criminal justice system has become more twisted and unfair than ever and that the rule of law has basically been vanquished in America’s criminal justice system. Outcomes of cases are generally decided now by the prosecutors and more plea bargaining is the norm over trial by jury. Yet so many people in our society today feels that people in the system gets equal opportunities. Although some people end up with different sentences and punishments people say that the American court system is a fair system. America has slowly turned into a system where justice and fairness is overruled by money and power. In the media today many people are committing crimes and walking away with a slap on the wrist. Many social media and news shows the bias in court systems through their broadcasts of issues. The American justice system is biased in their convictions and sentencing through racial disproportion, social structure, and economic standing. Our criminal justice system...
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...Juvenile Justice CRJ 301 David MacKusick January 17, 2011 Juvenile Justice The juvenile justice system is much different from the adults, or at least that was the original intent. This paper is going to outline juvenile delinquency, discuss the strategies, the juvenile process and the intervention programs we can use to stop juvenile delinquency in the future. The Cook County Juvenile Court was established in 1899 on an informal basis. The parens patriae doctrine, which permitted the court to take charge of children in need. Children were not adults and should not be treated as such their problems could be discovered and treated; therefore, the courts develop a different system. This was not actual courtroom, it was a table and chairs where the judge could sit with the parents and discuss the matter at hand. Children could be brought to the court based on complaints. These hearings were not public and the records were kept confidential because the children were not considered criminal. Lawyers were not required and the same rules that applied in adult court were missing in juvenile court (Bartollas & Miller, 2011). This system was so attractive that most states adopted the same system. The criminal justice system is definitely a complex one and there is no exception when it comes to juveniles. The juvenile justice system however is based on the philosophy that children need to be protected and corrected, not necessarily punished. These are children...
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...social problem of economic, class and racial inequality has been a great issue of concern for many in the United States because inequality goes against America’s cores values of upward mobility economic wise and in social class (Korgan, 2012). These social problems of inequality have been linked to disparities in quality of life and psychological and social well-being. The problem of social inequality has been found to be linked with other social problems such as crime and victimization. The problem of social inequality can even be seen in the criminal justice system in how it treats people of various races, ethnic groups and socioeconomic classes who are processed through the system (Wheelock, 2006). In essence, there exists a disparity amongst race, ethnicity, socioeconomic class in criminal victimization and how people are processed through the criminal justice system that exacerbates the social problem of inequality in numerous social institutions and complicates many individual’s efforts to escape from poverty and achieve upward mobility (Wheelock, 2006). The disparity in criminal punishment is due to various factors such as laws that were implemented to reduce crime, race, and low economic status (Wheelock, 2006). The factors that have a tremendous impact on victimization are demography and socioeconomic status (Raphael, 2006). While violent crimes are not exclusive to poor metropolitan areas, consistent patterns have been observed which reveal lower rates of crime in neighborhoods...
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...This essay intends to focus on the over-representation of indigenous people in the criminal justice system from a sociological viewpoint. This over-representation becomes sociologically significant when it is seen as an expression of inequality meaning that wider social issues are at play that effect indigenous people specifically. The two major reasons or drivers of this over-representation stem from this inequality; the first is an element of institutional discrimination found in both the courts and the police services in Australia which tend to target indigenous people disproportionately with the facilitation of legislation and practices which indigenous people have little to no involvement in formulating. The second is a set of cultural and social norms that exist amongst indigenous people which clash with the norms of the dominant white culture who are responsible for the laws and regulations that all groups in society are meant to abide by. Furthermore social conflict theories on crime such as those formulated by Turk and Sellin provide a rich theoretical support for the reasons behind the over-representation of indigenous people in the criminal justice system. The over-representation of aboriginal people in Australia is a perfect example of the effects of inequality in modern society, arising from clashing cultural norms and institutional discrimination found within the criminal justice system caused by said inequality social conflict theories are...
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