Criminal Justice Notes

Criminal Justice Notes - CRIMINAL JUSTICE 2005/2006 The...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: CRIMINAL JUSTICE 2005/2006 The Aims and Values of Criminal Justice Sanders and Young, Criminal Justice (2 nd Ed) i) Nature of Criminal Justice -Composed of police; prosecutors; courts; prisons; defence lawyers The criminal justice system (CJS) is a complex social institution which regulates potential, alleged and actual criminal activities w/i procedural limits, supposed to protect citizens from wrongful treatment and wrongful conviction. However!-No social institution entirely self contained: each affects and is affected by other institutions: a Education b Politics c Government d Culture e Economics f Advances in criminology, psychology and sociology -Complex nature also derives from fact specific events or developments w/i them usually have a plurality of causes which interact to shape their final form, a plurality of effects and a plurality of meanings which will vary with the actors and audiences involved. eg. causes of an arrest Note!-Criminal justice indicates concern with sub institutions and practices charged with regulating criminal behaviour , justly but implied aims problematic ii Criminal Law and Criminal Behaviour -Criminal law represents and reflects socially determined judgments that some forms of behaviour should be authoritatively proscribed [as per HLA Hart] -That which is defined as criminal will vary i From society to society; and ii Across time Thus!-There is nothing inevitable about what is and what is not criminal -Decisions about what should be criminalised sometimes principled and consensual; more often products of historical accident, political and administrative expedience 1 Fundamental problem-Criminal law often responded to differently: one persons public disorder is anothers youthful high spirits -Since criminal laws and perceptions of criminality are social constructs it is not surprising that much criminal justice actively reflects the interests of powerful groups and actors -Not surprising therefore more criminal acts and resources aimed at harmful behaviour by individuals than harmful corporate activity Thus!-Those is power generally find it politic to govern primarily by consent rather than by force, especially in a democracy based on universal suffrage -Consequence is that it is important that the criminal law is seen as being in the interests of at least the majority of the electorate However!-In a society where power, status and wealth are unequally distributed, much criminal justice activity will compound wider social divisions at the same time as important social values are upheld For example-Prosecution of poor shoplifter upholds value of private property and reinforces poverty Thus The enforcement of the criminal law upholds social order for the benefit of all, reinforces a hierarchical form of social order which benefits some more than others, and in an unequal society, is bound to be morally problematic. iii Justice of Process and Justice of Outcome...
View Full Document

Page1 / 349

Criminal Justice Notes - CRIMINAL JUSTICE 2005/2006 The...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online