The Criminal Justice System

Question 0

‘Social contract theory’

Answer 0

• individuals have a strong sense of the need for personal freedom
• can be only legitimate through a consensus about the rules required for peaceful coexistence
• if a person breaks the rules, group is thus entitled to punish

= basis of democratic government and law

Question 1

Contract theory

Answer 1

• state of nature is a ‘war all against all’
• individuals give up their liberty to aggressive against others for SAFETY (to be protected from others who have their liberties restricted as well
• law is a contract

Question 2

Key functions of criminal justice system

Answer 2

Bring offenders before the courts for adjudication and then upon a finding of guilt to sentence of offender

Question 3

AIMS of criminal justice system

Answer 3

1) Retribution
2) Deterrence
3) Rehabilitation
4) Incapacitation

Question 4

Retribution

Answer 4

-approximate form of proportional harm (‘payback’)

Question 5

Restitution

Answer 5

• restitution is a variant of retribution
• pay compensation to a victim or to society (proxy victim)
• > ethical formalism
  • people’s sense of right -> universal sense of justice
  • based the maxim ‘categorical imperative’
  • Kane’s golden rule: do unto others as you would have them do unto you
  • ‘like cases should be treated a like’
  • payback goes directly to the victim (compensation or apology)
  • > ‘restorative justice’

Question 6

Deference

Answer 6

-punishment that deters a person from committing crime
-> fear of being punished
Variant 1) ‘specific deterrence’ : individual’s consequence of having been punished before
Variant 2) ‘general deterrence’ : people decide against crime because of the perceived probability of punishment

Question 7

Rehabilitation

Answer 7

Behavioural change through therapeutic programs

Question 8

Restitution & Retribution => ethical formalism

Answer 8

• people’s sense of right -> universal sense of justice
• based the maxim ‘categorical imperative’
• Kane’s golden rule: do unto others as you would have them do unto you
• ‘like cases should be treated a like’
  
  • payback goes directly to the victim (compensation or apology)
  • > ‘restorative justice’

Question 9

Deferrence & Incapacitation & Rehanilitation

=> utilitarian philosophy

Answer 9

-stopping potential harm in the future
-best possible outcome for as many people as possible
Deterrence: classical and rational choice
-> punishment should be calibrated at the right levels of severity, certainty and swiftness
Incapacitation: rational choice theory&routine activity theory
-> obvious point that offenders cannot commit crime if they are in a secure facility
Rehabilitation
-> train them to obey the law

Question 10

The three main justice institutions

Answer 10

Police
Court
Corrections

• having separate hierarchical structures
• very little communication or mutual planning

Question 11

separation of power

Answer 11

• designed to prevent one person or group holding a monopoly of power
• essential to prevent miscarriages of justice
• operational heads are appointed not elected

Question 12

Police

Answer 12

Detection and prevention of crime, maintenance of public order and provision of emergency assistance

• patrol officers
• detectives
• specialist squads