Crime: T/C: Extent to whcih law reflects moral & ethical standards Flashcards
what is the CJS strongly linked to?
society’s moral and ethical conduct/standards
What shapes all areas of criminal law?
an individual’s & society’s moral & ethical viewpoints
Why might people break the law?
because of moral, ethical, religious & political viewpoints.
What groups in society would have different moral & ethical standards to the majority?
Some religious groups & criminal gangs.
what parties in a criminal trial could have moral and ethical differences causing conflict?
the victim may believe the sentence is too lenient, despite the judge taking into account mitigating factors.
how are moral & ethical standards reflected in the CIP?
providing bail
suspects rights(detention & interrogation, 8hrs max for adults, privacy, right to lawyer & communication, can’t use involuntarily given evidence)
special provisions for vulnerable suspects
what rights do Western democracies highly value?
civil & political rights which are protected by law to a large extent
morality definition
conformity to the rules of right conduct
ethics definition
relating to or dealing with morals or right & wrong conduct
how are people’s moral & ethical values influenced?
conditioning from a young age from parents & educational institutions.
do most people obey laws because of the direct consequences or because they don’t want to harm society?
because of the direct consequences
do most people who break the law believe they are harming society?
no
what does the criminal law reflect?
the moral & ethical values of the society in which they are developed
public morality
societal based, forming basis of our legal system
is the framework for public morality fixed?
no, it`s constantly changing
private morality
relates to values ethics held by individuals & determines what individual considers right/wrong
what can happen when there is a conflict between public & private morality?
the law can be broken
what is an important point to discuss when talking about the extent to which law reflects moral & ethical values?
it is hard to determine exactly what these values are, it could be possibly gauged from mass media, but this is too, flawed. The media portray images and attitudes that are sensational and often far removed from the reality of most members of society.
What are the 1st qs to ask when discuss when talking about the extent to which law reflects moral & ethical values
What standards are the laws expected to uphold?
Do we expect the law to regulate public morality as well as protecting property and ensuring personal safety?
What is the 2nd q to ask when discuss when talking about the extent to which law reflects moral & ethical values
Does the law respond effectively to changes in community attitudes?
What is the 3rd q to ask when discuss when talking about the extent to which law reflects moral & ethical values
Are those people charged with making, interpreting and enforcing the law really in touch with the community they are there to represent?
What is an issue with judges trying to reflect society’s moral & ethical standards?
many are perceived to be too removed from actual society and many come from wealthy backgrounds in contrast to the majority of the accused from poor backgrounds. case of Robert Hall shows this,
What is an issue with judges trying to reflect society’s moral & ethical standards?
many are perceived to be too removed from actual society and many come from wealthy backgrounds in contrast to the majority of the accused from poor backgrounds. case of Robert Hall shows this.
Whilst judges may not always reflect society’s moral & ethical standards what is another way of ensuring that they are recognised in through law?
community standards are most commonly reflected by the political decisions made by governments. The electoral power of the public is an extremely powerful force for influencing the legal system.
Why did Australia outlaw capital punishment and treat young offenders better?
it no longer reflected community standards
how are moral & ethical standards passed on?
education
what is the best method of social crime prevention in educating children about society’s moral & ethical standards?
education about why laws are est, how they function & why certain acts are illegal
even though education is a powerful tool in educating people about society’s moral & ethical standards, what hinders its power?
morals & ethics of certain groups,
social & economic disadvantage makes it hard to break cycle of crime
Does the fact that innocent people held on remand have no right to financial compensation have any implications for the extent to which the law reflects moral & ethical standards
yes, it conveys the difficulty in attempting to balance the rights of individuals in society, showing that even though standards may be high, they are not fully recognised in the law.
Yes, it doesn’t reflect moral/ethical standards as they aren’t really presumed innocent, but, it recognises & protects rights of victims & possibly creates safer society.
Does charge negotiation reflect moral & ethical standards & what might it struggle with?
sometimes. The legal system may struggle to balance a fair conviction w. wider community standards due to variegated moral & ethical standards held across society
how do partial and complete defences challenge society’s moral & ethical standards?
Raises the Q of moral & ethical values as justice was not achieved for the victims. By providing excuses to justify criminal behaviour, effectiveness of justice may be limited drastically. This has engendered extensive debate in society.
does prison overpop reflect moral & ethical standards?
no
