CRIMINAL JUSTICE SYSTEM 1 st Principles Justice Criminal

CRIMINAL JUSTICE SYSTEM

1 st Principles: Justice (Criminal Justice) Based on lectures from Victor Yeung

Common Related Topics Reforms to judicial process: -THBT we should elect our judges -THW abolish jury. Reforms to penalty system: -THW abolish death penalty. -THBT prisoners should be allowed to exchange their sentences for military service. ( 2015 Indonesia Debate Open Round 1 ) THW always require police officers to wear surveillance cameras while on duty. ( 2014 Asian BP quarter-finals ) THW requie police that the ethnic composition of their arrests match the ethnic composition of the population in the jurisdiction. ( 2014 European Universities Debating Championships Pre-quarter finals )

Task Group Legislature Define Crimes Investigation Ascertain Guilt Decide what is crime by making a law Identify potential breaches of the law Police - Judiciary Sometimes interprets the law when it is not clear Sentence - Set parameters within which judges can decide - - Determines if the breach of the law occured Decide on appropriate application of penalty range

Aims of the CJS At the most basic: - Prevent crimes - Make society safe

Aims of the CJS On a more principal level: Punishment / Retribution - of the criminal/for the society & the victims Protection - from repeat offences Deterrence - of similar acts Rehabilitation - of the criminal Proportionality - a useful concept for examining these with reference to other legislation ( rights- based analysis ) Note: Can't achieve them all ------ have to balance

Balancing the aims Most debates about Criminal Justice are about balancing these aims This will mean - showing the impact of the policy on each of the aims AND - explaining which particular aim is more important and why?

Balancing the aims WHAT about DEATH PENALTY?

Rights of the Criminals have certain rights taken away from them Freedom of association Freedom of speech Freedom of movement Voting rights, in some countries But not other rights: Nature Justice rights - right of appeal - right to have a fair trial - right to adequate representation Freedom from torture

Rights Theory Social Contract Theory: - Criminals have breached the social contract, and , in doing so, give up certain rights - Rights are a construct of a contract - We give up rights to do whatever we want - in exchange for protection from people doing whatever they want to us Rights Balance: - Have to take away these rights to protect the right of others Note: PROPORTIONALITY: - Both of these approaches start to fall apart if stretched too far Death penalty for minor property crimes protect some rights of others, but is it justified on that basis ? The perpetrators have breached any social contracts that exists, but does that justify extreme actions?

Harsh Punishment: Proportionality/Neccessity Proportionality Devastating impact on individual victims - Rape murder paedophiles But how to deal with offences such as drug trafficking, property crime where impact on individuals may be lesser? - Devastating impact on society Neccessity Establish a problem needs fixing Crime rates going down or up? perception Public - vigilantes (when justice appears inadequate people take justice into their hands) -Concentrate crime due to demographic changes Broken windows theory: tough on every crimes e. g. NY

Special Consideration for deterrence Reliance on rationality Practical evidence suggests minimal role of increased penalties Arguably can incentivise worse crimes: - If penalties for rape and murder are the same? Why not kill the only witness?

Rehabilitation? ? ? How does rehab work? Change the MINDSET Where does rehabilitation work best? Prison programs? Diversionary Centers? Community outreach? They try to make me go to rehab, I say no no no ~~~

Jury - Most serious felonies are trialed by jury - Panel of 12 ' Averagely Reasonable person' called to serve On one hand: - Provides legitimacy to decisions - allows for unbiased assessment of questions of facts - allows for a check on state power exercied through the legislature - gives the law a moral code - more in touch with social understandings On the other hand: - incapable of understanding complex technical information - Juries are biased and are not truly representative - slow down the Justice System - The rule of law should guide judicial decisions

Legalising vs Decriminalizing Legalising: - totally acceptable - no related offences - Benefits: frameworks , government standards Decriminalising: - There's not really a legal process - But, focus on the 'actual' criminals - Benefits: keep it illegal , but don't stomp on the pawns