1. Thanks to Eleanor Kowol
Criminal justice
Thanks to Eleanor Kowol

2. What’s the difference between criminal law and civil law?
Don’t get confused in motions on either criminal or civil law – they are two different things!

3. Perception matters
People think that crime is high while it is actually dropping
Portrayal by the media
Politicians encouraging fear
 “being though on crime”
Feeling safe is as important as being safe!
Feeling secure makes people free to do things
Perception of crime changes how people act  fear of going out
Buying guns “protect themselves”
Calling for harsher punishments
Media incentives to portray crime as high?
Politicians incentive to portray crime as high?

4. Perception matters 2
Guardian: “Nearly two-thirds of people believe that crime in England and Wales is on the rise despite levels falling to their lowest for 30 years in 2010, according to official statistics.”
Die Presse: “Jemand, der vielleicht im September beschlossen hat, sich eine Waffe zuzulegen, wartet möglicherweise noch auf die Genehmigung. Aber die Antragszahlen allein für Wien sprechen eine klare Sprache: Im August wurden zehn Anträge gestellt, im September 40, im Oktober 192.“

5. Aspects of Criminal Justice
there are three stages to the criminal justice system
Police - the arrest
Courts - the prosecution and conviction
Prison/ other forms of punishment (eg. community service)
and four principles behind it
Protection (separate criminals from society)
Deterrent (disincentivising crime)
Rehabilitation (preventing re-offending)
Retribution (punishment)
All of the three stages have to work in order to achieve justice
“Predictive policing” vs. “racial profiling”  justice system can be racist (self-enforcing ideas)
What if prisons don’t always work perfectly?

6. 1. Protection Locking up dangerous people
 Are all criminals a threat to society?
Example of killing violent husband
 Women tend to use violence as a self defense  inappropriate amount  punishment

7. 2. Deterrent Fear of being caught Doesn’t always work because…
People are often forced into crimes
 stronger incentives than disincentives
People assume they won’t be caught
 eg. Death penalty in the USA
What are people’s incentives to commit crimes?

8. A strong deterrent is often an unjustified punishment.
Singapore’s policy on drugs
Important clash in a debate!

9. 3. Rehabilitation Criminals should & will return to society
Benefits of rehabilitation
Preventing people from returning to prison
Reintegration into society
Good example to other (potential) criminals
How does it work:
Therapy
Induced guilt  recognition that an action was wrong
Education and learning employable skills
Preventing costs
Preventing new harm
Becoming a role model
No job is often the reason why people commit a crime

10. 4. Retribution a. an eye for an eye - justice as equability
b. closure - helping people move on from their trauma.
c. trust in the State - people feel the State is doing its job.

11. a. equability Criminals gain from their crime while others are harmed
 this is unfair
 punishment secures an equilibrium of gains

12. b. closure
Victims wouldn’t feel safe without knowing that a perpetrator got punished
Victims of crimes often need to feel like justice has been done
 can move on after a crime
The feeling that justice is achieved matters to people!

13. c. Trust in the state
If people perceive the state’s actions as unfair they lose faith in it
 less reports of crime
 less satisfaction with the government
 deeper resentment against (perceived) criminals
 vigilantilism
Less reports: Why should I report something, if it’s not effective? + Victims feel less safe when reporting
Deeper resentment: eg. Refugees – if newspaper publishes one case where someone didn’t get punished appropriately resentments against that whole group increases
Vigilantilism  ppl try to achieve justice on their own

14. All those aspects are interlinked!

15. Problems in enforcing justice
Racism and other prejudices
Prisons aren’t perfect
Who gets punished?
Punishment after prison

16. Racism and prejudices  Self enforcing idea
“Predictive policing” vs. “racial profiling”
 Self enforcing idea
Women tend to get weaker punishments than men
 This means the justice system is failing it’s point to be just!

17. Prisons Prisons often punish people harsher than they should:
Aim: withdrawal of freedom
Reality: withdrawal of freedom + violence + bad living conditions
Retribution fails
Prisons help people become better criminals
 Rehabilitation fails

18. Who gets punished? Some people can afford a better lawyer than others
How good/bad are public lawyers?
Imbalance in trials between two parties
 Bad retribution

19. Punishment after prison
People often struggle to re-enter society after time in prison:
Hard to find a job
Society has moved on (eg. Technology)
Bad retribution
Bad rehabilitation

20. Any Questions?