An Introduction to Justice

What does Justice represent? Justice is often shown as a blindfolded woman holding scales. In this picture, she has wings and is holding a sword as well. What is all this supposed to symbolize?

Goals of the American Justice System Individual Rights Guarantee law-abiding citizens the right to Justice Personal liberty Dignity The right to due process

Goals of the Criminal Justice System Public Order Individual rights must be balanced against these concerns: Social justice Equality The protection of society Freedom from fear

The Theme of This Course Individual Rights versus Public Order Individual rights refers to: The rights guaranteed to all members of American society by the United States Constitution (especially as defined by the Bill of Rights). These rights are particularly important to criminal defendants facing formal processing by the criminal justice system.

The Theme of This Course Public order refers to: The belief that under certain circumstances involving criminal threats to public safety, the interests of society (especially crime control and social order) should take precedence over individual rights.

Versions of Justice Justice refers to: Criminal justice refers to: The principle of fairness; the ideal of moral equity. The law of criminal procedure, having to do with the enforcement of law.

Versions of Justice Civil justice refers to: Social justice refers to: The law of civil procedure, having to do with private rights and remedies sought by civil action. Fundamental notions of fairness and cultural beliefs about right and wrong. Different cultures/societies have different ideas of justice.

Notions of Justice TRUE STORY OF AN AMERICAN TOURIST: “Two years ago, I lived in Singapore, and my apartment was robbed. Recently, when I returned, I found that the robber was sentenced to 10 years in prison and 10 strokes of the cane.” This case shows just how differently societies can view justice (Spain allows gay marriage; Saudi Arabia bans females from driving).

Notions of Justice All societies have an idea of “justice.” “Social justice” is the way that a society expresses this idea. In the U.S., the two main branches of social justice are 1) criminal justice and 2) civil justice. Criminal and civil justice are determined by the broader beliefs of social justice The kinds of justice seen in our nation’s criminal and civil courts are a reflection of basic American society’s views on right and wrong.

Versions of Justice SOCIAL JUSTICE C I V I L CRIMINAL Is there anything about our justice system or laws that seems distinctly “American” to you?

Due Process and Individual Rights Due process refers to: Due process rights are outlined by the Bill of Rights (the first ten and the fourteenth Amendments to the Constitution). A right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution. It means that everyone is entitled to the same rights and processes in the justice system.

Individual Rights Guaranteed by the Bill of Rights Innocent until proven guilty Against unreasonable seizure of personal property Against self-incrimination To a fair questioning by the police To protection from physical harm throughout the justice process To an attorney To trial by jury To know the charges To cross-examine witnesses To speak and present witnesses Against double jeopardy Against cruel and unusual punishment To due process To a speedy trial Against excessive bail Against excessive fines To be treated fairly, regardless of group membership

The Role of the Courts in Defining Rights Rights are open to interpretation and can be redefined by the courts. This is one of the most important purposes courts serve in the legal system.

The Ultimate Goal of Criminal Justice: Crime Control through Due Process Crime control model refers to: Due process model refers to: Emphasizes the efficient arrest and conviction of criminal offenders. Emphasizes individual rights at all stages of justice system processing. Crime Control and Due Process seem to be in conflict with each other. How could they work together to ensure justice?

DAILY RESPONSE What about America’s version of social justice (what’s considered legally right and wrong in this country) do you disagree with? Why?