“Criminal Justice System” Training Session 21 Nov 2014

Purpose of CJS Punishment Protection Deterrence Rehabilitation Which ones are more important/ Should be prioritised?

Punishment (retribution) Criminals ought to suffer in some way This is due to them taking improper advantage or inflicted unfair detriment on another individual. ‘An eye for an eye’ – but probably not – more restoring a moral balance or a power balance. Breaking the social contract – and is the symbolism of society’s recognition that you have broken their law.

Problems with punishment (retribution) ‘Two wrongs don’t make a right’. Is wholly backward-looking, doesn’t focus on creating more good – but creating harms to ‘mitigate previous harms’ – a scenario making little sense. Brutalises society in extreme cases – people take a form of pleasure in the suffering of others. Victims are irrationally barbaric in this situation.

Protection Keeps criminals away from society so society is protected from their misconduct. Obvious utilitarian benefit.

Problems with protection Got to let them out at some point (or maybe you don’t... But that would be inhumane) Clearly not absolute – or we’d be cutting hands off thieves (or at least giving them the option).

Deterrence Imposing a sufficient penalty is necessary in order to disincentivise criminal behaviour. Sets an example to society ‘don’t do this or this will happen to you.’

Problems with deterrence Many criminals don’t consider the consequences of their actions. Often it is merely the threat of being caught, rather than the severity of the punishment. Indeed, making a punishment large enough so that it balances the utility of committing the crime often makes it a disproportional and unfair punishment.

Rehabilitation Transforms offenders into valuable members of society. Prevents further offense by persuading the criminal that their action was wrong. Often people’s actions were influenced by their environment in society e.g. Growing up in a rough area, so the state has failed and hence takes on a duty of reparation towards the criminal.

Problems with rehabilitation Practically – it doesn’t work. Not sure which rehab programmes work on whom. Depends on individual’s psychological background. Is it really possible to change a life-long socially acquired set of values? Prisoners often pretend to have rehabilitated in order to get early release.

Sentencing Are prisons the best option? Alternatives: – Community Service – Fines – Drug courts – Restorative Justice This is also important to look at in terms of models even in debates not directly related to prisons per say.

Police Are they effective/ ineffective? Should there be more (or less) of them? Should they be given greater means to carry out their job?

Courts Two broad types of court cases: Criminal and Civil – Criminal Cases consist of the stat prosecuting individuals or companies – Civil cases cover all other kinds of disputes between people, from enforcing broken contracts to assigning liability to car crashes etc. Burden of proof – Criminal Cases: almost always lies with the prosecution to show that a defendant is guilty of whatever crime he or she is accused of. – Civil Cases: is on each side to support their own claims

Purpose of juries – Should we keep them or not? – Should we take them from a select group of society? (i.e. trial by people of the same socio-economic group, race etc. as you)