- Slides: 19
Compassionate Justice I. What is “Compassionate Justice”?
“Justice” Administration of the rule of Law by: 1. 2. 3. Law Enforcement Agencies Courts of Law Correctional Institutions
“Compassion” 1. “Sympathetic consciousness of others' distress together with a desire to alleviate it. ” (Merriam-Webster) 2. An emotional response that sensitizes one to the suffering of another.
II. Why Tie Compassion to Justice? -- After all, Compassion is emotional, subjective, & impulsive, and Justice is rational, objective, & deliberative.
Objections: Compassion is. . . 1. too emotional to be reasonable; 2. too subjective to be objective; 3. too impulsive to be trusted 4. ultimately requires a judge or officer get too close to the accused. I. E. CAN’T BE OBJECTIVE !
Reasons to include compassion: “… emotion in concert with cognition ads to truer perceptions and ultimately, to better (more accurate, more moral, more just) decisions. ” (Bandes, in “The Passions of Law”)
Cautions: 1. Weigh compassion with all of the facts. 2. Don’t let compassion take over! 3. Emotion will enhance justice; Emotionalism will distort justice!
Justice administered with perceptive compassion should guide: � � � Law Enforcement’s treatment of a subject The Court’s determination of appropriate degree of leniency or penalty Correction’s treatment and rehabilitation of inmates.
III. Why Does the U. S. Practice Compassionate Justice?
Where do the “footprints” lead? � � i. e. , What is the origin of our nation’s justice system? Who were some of its framers?
The Judeo-Christian Tradition "The highest glory of the American Revolution was this; it connected in one indissoluble bond the principles of civil government with the principles of Christianity. '" John Quincy Adams, sixth President of the United States
Intersection of Justice Values: Various Religions Non. Religious. Judeo – Christian
The Early Colonists 1. Puritans, Pilgrims etc. , from Europe. 2. Their Christianity was “imbedded” in Colonial common law Sense of Rights Understanding of criminal law/punishment “Tort” laws.
Did you know? The most quoted book of the period from 1760 -1805 in the political writings of the day was book of Deuteronomy (the law book), in the Bible, accounting for thirty-four percent of all the quotes.
John Locke 1. English writer on government. 2. Major influence on the leaders of the Revolution. 3. Taught Nature and the Bible were the basis of liberty & “inalienable rights” of people.
Sir William Blackstone 1. A Christian; taught the “laws of Nature and of Nature’s God” 2. His Commentaries became the chief, if not the only law book, in every lawyer's office in New England. 3. Great influence on U. S. law & on the Declaration of Independence & the Constitution.
Words Reflecting the Framers’ Judeo -Christian beliefs in the Declaration and other Continental Congress Papers: � the name of "God, " "Almighty God, " "Nature's God, " "God of Armies, " "Lord of Hosts, " "His Goodness, " "God's Superintending Providence, " "Providence of God, " "Providence, " "Supreme and Universal Providence, " "Overruling Providence of God, " "Creator of All, " "Indulgent Creator, " "Great Governor of the World, " "The Divinity, " "Supreme Disposer of All” (etc. )
The English Common Law 1. Strong influence on early U. S. law 2. Judeo-Christian roots (continued)
3. Developed a court system 4. Judge-made law; a collection of precedents