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Justice and Security
Free Balance in the Administration of Justice and Security
Justice and Security policies have always been at the center of international politics, but their nature has changed due to the advent of nuclear weapons and their proliferation, economic interdependence, the end of the Cold War, environmental problems, technological advancements and vulnerabilities, as well as other material and cultural developments typically linked to globalization. This paper will talk about the evolution of justice security and balance rights freedoms that protect citizens a free society, respecting constitutional guarantees and individual rights. Further we will review the cumulative issues concerning the legal environment in which justice and security administration operates and also evaluates the changes in technology and mass communication that effects the justice and security areas. Last but not the least, we will talk about the issues that involved with individual rights vs. The needs of the justice system…
Booth, K. (Ed.). (2005). Critical security studies and world politics. Boulder. CO: Lynne Rienner.
Deudney, DH (2006). Bounding power: Republican security theory from the polis to the global village. Princeton, NJ: Princeton University Press.
Kaldor, M. (2007). Human security. Cambridge, UK: Polity.
Lipschutz, R. (Ed.). (2005). On security. New York: Columbia University Press.
Justice as Retribution
Every individual in the globe has a perception towards crime, justice, criminals, and many other aspects in relation to criminals. On hearing the term "criminal," every individual reacts differently. There are those who feel that a criminal deserves to die, others feel they should rot in prison and many other divergent views. However, does it ever occur that a criminal can be a criminal, through a legal process although they did not take part in the crime? This is a serious issue, which requires critical reasoning before going around judging or calling other people criminals. To the main point, retribution is the main topic or the subject matter for this paper. In the criminal context, the term retribution suggests revenge. This revenge, which the court delivers, is unseen by the common people. However, a critical scrutiny suggests that the legal process is also a tool to deliver…
Allen, Rob, "Justice Reinvestment: Making sense of the costs of imprisonment." Criminal
Justice Matters, 71.1 (2008): 41-42.Print
Antony, A Vass. Alternatives to Prison: Punishment, Custody and the Community. London:
Sage, 1990. Print.
Justice, Crime and Ethics
Prepping the President: Ethical Analysis and Future Policy Initiatives
Suggesting the Use of Rehabilitation in Corrections
The President of the United States has just scheduled a town hall meeting entitled, "Criminal Justice Ethics: Today's News and Tomorrow's Solutions." Many of the country's most interested individuals in the field of criminal justice's present ethical issues are attending the meeting and expect to be informed on the status of some of the most innovative and future-leaning criminal justice policies that the country currently utilizes. In prepping the president on the topic at hand, significant attention must be paid to the use of rehabilitation in corrections, which has proven itself effective in rehabilitating criminal offenders in a way that allows them to regain a productive life for the remainder of their sentence and beyond. In viewing the status of criminal rehabilitation as well as the programs and policy considerations…
Everett, B. (2010 May 23). "Realistic rehabilitation: 12 points for future success; thoughts on reforming rehabilitation built by looking at past failures." Corrections One. Web. Retrieved from: http://www.correctionsone.com/jail-management/articles/2026042-Realistic-Rehabilitation-12-points-for-future-success/ . [Accessed on 15 November 2012].
Gehrig, T. And Warner, K. (2007 June). "Against the narrowing perspectives: how do we see learning, prisons, and prisoners." Journal of Correctional Education: 58(2), pp. 170-184. Web. Retrieved from: LexisNexis Database. [Accessed on 15 November 2012].
Grover, A., Lane, J. And Santos, S. (2012). "Former prison and jail inmates' perceptions of informal methods of control utilized by correctional officers." Southern Criminal Justice Association, January 2012: 1(1). Web. Retrieved from: LexisNexis Database. [Accessed on 15 November 2012].
Latessa, E., Lowekamp, C., Pratt, T., and Wright, K. (2012). "The importance of ecological context for correctional rehabilitation programs: understanding the micro and macro level dimensions of successful offender treatment." Justice Quarterly: 29(6), pp. 775. Web. Retrieved from: LexisNexis Database. [Accessed on 15 November 2012].
What was particularly ironic was that soccer had always been a game for whites only: blacks were specifically not included.
Of course, the movie had a happy ending when South Africa won the World Cup. ut the World Cup didn't completely change South Africa. There is still high violence, prompted by economic conditions and a newly released set of citizens. A high percentage of residents also have Aids, another very serious problem. ut Archbishop Tutu points out that the TRC methods of dealing with the violence were not the traditional way to justice, but an older and deeper vision of justice. In South Africa the violators of human rights do not face criminal trials. Instead, perpetrators engage in confessions, and reconciliation between the victims and the victimizers is achieved by means of public hearings of apology and forgiveness. Probably, efforts towards reconciliation have their own side effects -- moral and…
http://www. Desmond Tutu -- Peace Foundation. April 19, 2010.
http://www. Nuremberg Trial.
Yeager, General Chuck. Yeager. New York: Bantam Books, 1906.
One of the most consistent problems facing the criminal justice system is the influence of institutional culture on the administration of justice, both at the level of the police and the courts. While there are of course written guidelines and laws dictating the actions and decision-making process of both the police and the courts, in practice there is a substantial amount of leeway when it comes to dealing with specific situations. As a result, the particular institutional culture of a department or court can go a long way towards informing an individual's actions in regards to a specific case, for good or ill (Morris, Leung, Ames, & Lickel 1999, p. 781-782). On the one hand, the institutional culture might encourage accountability and transparency, and so police and the judiciary would likely feel compelled to act within the bounds of established legal and ethical frameworks. If, on the other hand,…
Bainbridge, J. 2006, "Lawyers, Justice and the State: The Sliding Signifier of Law in Popular
Culture," Griffith Law Review, vol. 15, no. 1, pp. 153-176.
Caldeira, G.A. & Gibson, J.L. 1995, "The legitimacy of the Court of Justice in the European
Younger works tend to not have organizational loyalty but expect immediate recognition and input, while middle-aged workers that make up the bulk of employees in many settings are themselves often frustrated by a lack of advancement, and are independent minded yet not as expectant of immediate recognition as younger workers (McNulty, 2006). Older works, meanwhile, tend to be very loyal to organizations and feel that all employees should "pay their dues" before there is any reason to really listen to their ideas or advance them in their positions (McNulty, 2006; Wall Street Journal, 2012). Using individual methods of communication and recognition can go a long way towards making a harmonious multigenerational workforce (McNulty, 2006; Wall Street Journal, 2012).
Web Site Summaries
The Wall Street Journal is a well-known business newspaper, and its website addresses many issues of relevance to the management of criminal justice and management generally. This particular article…
McNulty, E. (2006). Can You Manage Different Generations? Harvard Business School. Accessed 12 May 2012. http://hbswk.hbs.edu/archive/5297.html
Stojkovic, S.; Kalinich, D. & Klofas, J. (2007). Criminal Justice Organizations: Administration and Management. Belmont, CA: Thomson.
Wall Street Journal. How to manage different generation. Accessed 12 May 2012. http://guides.wsj.com/management/managing-your-people/how-to-manage-different-generations/
See, E. (2004). Study Guide for Criminological Theories: Introduction, Evaluation, and Application. Accessed 12 May 2012. http://roxbury.net/images/pdfs/ct4ssg.pdf
Regardless of the source of the ethical view there is rising tides that express the evolving attitude that the death penalty, in any case is not a deterrent and is ethically wrong, regardless of the crime or the circumstances of it. The ethical implications of this ruling clearly create issues surrounding age of consent, as the determining factor of the decision, if an individual is not of the age to consent to vote, joint the military, or even buy alcohol, cigarettes or even a lottery ticket in most states they should therefore not be of the age to consent to an understanding of or a level of lethal responsibility for their violent actions.
The ruling clearly demonstrates an adherence with the historical juvenile justice system's stand on juvenile crime, as the system is structured to develop the idea that crimes, and sometimes even violent ones committed by individuals…
Calabresi, Steven G., and Stephanie Dotson Zimdahl. "The Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the Juvenile Death Penalty Decision." William and Mary Law Review 47.3 (2005): 743.
Streib, Victor, L. The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes January 1, 1973-June 30, 2003. online at http://www.law.onu.edu/faculty/streib/juvdeath.htm . July 1, 2003.
Tanenhaus, David S. Juvenile Justice in the Making. New York: Oxford University Press, 2004.
(estore Fairness and Due Process: 1996 Immigration Laws go too far)
Immigration and justice system presently entails overlapping of three distinct issues like "immigrants as crime victims; immigrants as criminals; and the socio-cultural dimension of immigrants." (Immigration and Justice System) the immigrants as crime victims include the issues relating to hate crimes on the basis of nativity status, national origin or race that some sometimes enticed by the economic concerns; and routine victimization, most probably aggravated by immigrant propinquity to urban, high-crime neighborhoods. The immigrants as criminals include terrorists those who aim U.S. Or its allies; organized criminal syndicates like ussian Mafias, Vietnamese Triads; Individual felons who perpetrate extensive variety of crimes; youth criminal groups specially those associated with the gang-related activities; Illegal aliens, irrespective of normally, sincere, law abiding individuals sometimes aggravate the crime of their unauthorized presence by other illegal acts like using fraudulent documents to acquire employment…
Immigration and Justice System" (July / August 1997) Research Perspectives on Migration. Volume 1 / Number 5. Retrieved at http://www.migrationpolicy.org/files/RPMVol1-No5.pdf . Accessed on 1 June, 2005
Mac Donald, Heather. (Winter, 2004) "Illegal-Alien Crime Wave" the City Journal. Retrieved at http://www.city-journal.org/html/14_1_the_illegal_alien.html . Accessed on 1 June, 2005
Mann, Juan. "Juan Mann's frequently asked Questions about Immigration and the Law" Retrieved at http://www.vdare.com/mann/faq.htm . Accessed on 1 June, 2005
Restore Fairness and Due Process: 1996 Immigration Laws go too far." (10 July, 2001) AILA InfoNet. Doc. No. 21IP1002. Retrieved at http://www.sackskolken.com/court/Dueprocess.html . Accessed on 1 June, 2005
Justice in the epublic
In Book II of The epublic, Plato attempts to define and describe the role of justice in society by having his characters argue for two different approaches to the topic. While Socrates asserts that justice is good and desirable both in itself and because of the ends it creates, Glaucon rejects this assertion by pointing out that justice is nothing more than coercion. The debate is particularly interesting because it demonstrates what might be called the root of ethical or moral problems that arise within societies determining public policy, that is, the fundamental disagreement regarding the innate value or goodness of people. Socrates' assertion suggests that there is something inherent in people that will encourage them to value justice for its own sake, but Glaucon realizes that people are ultimately motivated by pragmatism, despite any high-minded assertions to the contrary.
The debate in Book II begins…
Plato. (1908). The republic. London: Macmillan and Co.
In a pluralistic society there are many different groups of people whose interests often conflict, and as a result justice can be viewed very differently. When laws are created to satisfy the needs of one group, it can have a detrimental effect on other groups. Therefore, justice as a concept, as well as a reality, does not always effect the whole of society universally. ecently there has been a number of states which have created laws regarding the growing, distribution, and use of marijuana. But while these states may have legalized it in some form, national law still restricts the production, distribution, and possession of marijuana. This has created a situation in which the differing groups of society, with their differing views on marijuana, have come into conflict in regard to the laws that have been created. In other words, it has created a situation where one can discuss…
Dreisbach, C. (2013). Social and Criminal Justice in Moral Respective. San Diego,
CA: Bridgepoint Education, Inc. Print.
Frank, Robert. (2011). The Darwin Economy: Liberty, Competition, and the Common Good. New Jersey: Princeton UP. Retrieved from http://thedianerehmshow.org/shows/2011-10-27/robert-frank-darwin-economy-liberty-competition-and-common-good
Klein, Ezra. (26 Sept. 2011). "Robert Frank on 'The Darwin Economy'."
Every traditional culture has its norms, which ultimately affect what is considered right or wrong. A clear distinction of this is best illustrated in the Middle East as compared to Western culture, where in the Middle East certain behaviors, e.g., kissing in public, in public is illegal as compared to in the west. This is basically as a result of the differences in the traditional cultures of these two regions, bearing in mind that religion is a core part of any culture. To this effect, it would be argued that culture affects law and identity, and to ensure that there is fairness and justice in any given society, then the cultural context of the people cannot be ignored. In her book, The Cultural Defense, Alison Dundes Renteln argues that \"Culture shapes individual identity in crucial ways. The failure of the law to recognize this has resulted in injustices\" (Renteln…
Justice in Society
What does justice in society really mean?
"It's not fair." One of the first phrases every child articulates clearly relates to a kind of a rough philosophy of justice. This sentiment reflects the idea that because people are not being treated 'the same' the world is unjust. A child may regard the fact that older siblings get to go to bed later as unfair. However, as rough and crude as a child's logic of justice may seem, underlying its assumptions are some of the concepts that relate to a larger sense of justice, namely the issue of equitable treatment. For a society to be just, there must be efforts to create social and economic parity to ensure that the nation's political and judicial systems truly honor such principles of equity.
One concept of equalizing to create justice is that of "John awls' alternative distributive principle, which he…
Lamont, Julian and Favor, Christi. (2008). Distributive justice. The Stanford Encyclopedia of Philosophy. Retrieved:
Stiglitz, Jonah. (2011). Of the1%, by the 1%., for the 1%. Vanity Fair. Retrieved:
Justice in the Workplace
Globalization, or increase economic cooperation and communications between countries has opened up a number of opportunities for employment, trade, and cultural and technological development between nations. One of these effects is the diversification of the human resource pool within organizations. In fact, the more global society becomes, the less geographic boundaries matter when hiring employees. This is particularly evident when hiring a new workforce in developing countries -- moving the so-called "have nots" into the working world of global organizations (Mittleman, 2002). Ethnic and cultural demographics play into this by adding another spectrum and layer of variety in income, education, housing issues, population trends, etc. (Trebing and Estabrooks, 2005).
Justice in the Workplace and Globalization- Increasing diversity, particularly globally, in the workplace, however, brings a number of issues to the forefront that accentuate the need for organizational justice and ethical decision making. An organization is far…
The U.S. stress on individualism is an obvious example of the latter, in particular). But much of the evidence collected in the rest of the book can be said to mainly apply to only organizations within the West, where the research was collected.
Then, the final section followed by a conclusion and summary by the editors. The Handbook of Organizational Justice is admittedly incomplete in an evolving field, and often raises more questions than it answers. Because the field is so young, the research it offers is relatively short-term in duration, and fairly small in terms of its samplings. There are certain limits to how much can be extrapolated from this research and applied to more multinational organizations. There is also the inevitable problem of business books, which they grow quickly out of date, and the most current surveys of organizational justice may be more easily found in peer-reviewed journals…
Justice in Society According to awls and Hampshire
This is paper contrasting the political philosophies of awls and Hampshire according o their views in 'Political liberalism' the Law of Peoples' and 'Justice as Conflict'. 4 sources are given.
Very few alternatives to the prevalent utilitarianism, dominant in most of the Western world, have emerged and made any significant impact. The theories of John awls however have made an important contribution to political philosophy and if not unanimously agreed upon they nevertheless have led to a revival in the academic study of political philosophy. His work has provoked debate amongst economists, legal scholars, political scientists, sociologists, and theologians alike. His Theory of Justice and subsequent additions and modifications to this hypothesis in the form of 'Political liberalism' and 'The Law of Peoples' is a comprehensive and detailed proposal that evolved over decades.
The 'Justice as Conflict' theory put forward by another…
Hampshire, Stuart. "Justice Is Conflict." Princeton University Press. 2001.
Martin, Rex. "Rawls's New Theory of Justice," Chicago-Kent Law Review, Volume 69: 737-761, 1994.
Rawls, John. Political Liberalism, New York, NY: Columbia University Press, 1993.
Rawls, John. The Law of Peoples: with "The Idea of Public Reason Revisited" Cambridge, Massachusetts: Harvard University Press, 1999.
Justice and Good
The concept of what justice is and what constitutes a good life vary from jurist to jurist and thinker to thinker. HLA Hart is one of the most well-known jurists to come up with a concept of law that was widely acclaimed but was aggressively challenged as well. In hid masterpiece, The Concept of Law, Hart recognizes the legal system as the "combination of primary rules of obligation with the secondary rules of recognition, change and adjudication" (Hart, p. 98). Hart maintains that law is a combination of primary and secondary rules which serve as "not only the heart of a legal system but a most powerful tool for the analysis of much that has puzzled both the jurist and the political theorist" (Hart, p. 98). Hart is of the view that law as we exercise it is the sum or the system of rules. He takes…
Hart H.L.A. 1997.The Concept of Law. Second Edition. New York: Oxford University Press, 1997
Rawls, John. 1973. A Theory of Justice. Oxford University Press paperback. Oxford, UK: Oxford University Press.
When philosophers tried to answer the question of Justice, they were probably as perplexed as any person of ordinary wisdom. Cephalus in Plato's times believed that justice meant always returning what one was give. Thrasymachus believed in the concept of might is right and felt justice was law of the stronger. So if that is true, whatever happened to fairness and equality? If strong must always prevail, what chance do the poor and the weak have of ever getting justice.
Once again, Socrates comes to our rescue. The great philosopher felt that justice was a virtue and thus a positive power with the aim of doing some good. This is by the far the most logical definition since it doesn't deny anyone a fair chance of benefiting from the justice system. Justice thus means restoring the rule of universal laws of fairness. It may hurt and cause extreme discomfort to…
The United States judicial system is ranked among the most sophisticated systems in the world. Each and every day there are thousands of people who include officers for law enforcement, judges, lawyers, accused criminals and officials in the government take part in the system with the hope that they will settle disputes and work towards the achievement of justice. This system is quite remarkable since it operates successfully in a country which is quite large and diverse. There are various elements of the criminal justice system in the U.S. these include criminal courts, arraignments, trials, sentencing, booking, bargaining of a plea, jury, punishment, appeals and so on. Within these systems there are elements that work quite well when it comes to the completion of the entire judicial process (Silverman, 2012).
The existence of criminal courts within the judicial system of the U.S. is an element that has made…
Silverman, J. (2012). How the Judicial System Works. Retrieved August 22, 2013 from http://www.howstuffworks.com/judicial-system.htm
On pages 88-89, right in the middle of a 1972 national debate of this issued, Greenhouse reports that Justice Blackmun was given the job by his colleagues of writing a draft opinion on Roe v. ade. How was a doctor to know if "death was imminent" should a mother not have an abortion? There were so many conflicting questions to be asked about the laws that had brought Roe v. ade before the Court. It was a struggle for Blackmun, and he was under intense pressure. He was influenced by public opinion; on page 91, Greenhouse explains that Blackmun saw a ashington Post story that said "two out of three Americans think that abortion should be a matter for decision solely between a woman and her physician." Sixty-four percent said it was up to a woman, in a poll in the newspaper that Blackmun read. Slowly Blackmun re-wrote his opinion,…
Greenhouse, Linda. 2005. Becoming Justice Blackmun: Harry Blackmun's Supreme Court
Journey. New York: Times Books / Henry Holt & Company
"It is astounding to me, the level of greed that someone must have in their soul to be willing to take advantage of someone suffering in the wake of a hurricane," such practices are essentially unethical and morally wrong (Sandel 3). Taking advantage of anyone at their weakest point is something that should never be condoned by society, or the law that governs it. Thus, when asking the question should the government pass legislation to prevent the inflated price, the answer should definitely be yes. It is crucial for local governments to protect the welfare and health of their citizens, and thus need to place price controls in order to do so, especially in times of great emergency.
In his work, Justice: hat's the Right Thing to Do?, Michael Sandel explores the topic of price gouging within the context of a major natural disaster. In 2004, parts of Florida…
Giberson, Michael. "The Problem with Price Gouging Laws: Is Optimal Pricing During an Emergency Unethical? Consumer Protection. Texas Tech University. Pp 48-54. 2011. Web. http://www.cato.org/pubs/regulation/regv34n1/regv34n1-1.pdf
Sandel, Michael J. Justice: What's the Right Thing to Do? Macmillan Publishing. 2010.
In this way, members of the public most in need of legal aid are provided with counsel that can help them achieve justice instead of losing their life savings on services that nevertheless results in failure. The IOLTA Comparability Rule therefore serves an important function in terms of legal justice that truly extends to all citizens of the country.
In conclusion, it has been seen above, that the definition of the justice concept is often in conflict depending upon the viewpoint from which it is considered. At the bottom line is the fact that American citizens should not be forced to allow those in political or financial power to victimize or discriminate against them. Justice in conflict is served only if due consideration is given to all parties and all sides involved. Despite the often problematic issues involved, the phrase "justice for all" is one of the cornerstones of American…
Bednar, Joseph (2007, Apr 2). Justice for All. BusinessWest. Database: FindArticles.com. http://findarticles.com/p/articles/mi_qa5286/is_200704/ai_n21235376
The Daily Record, Baltimore. (2007, Oct. 9). Comparable rates on IOLTA: A step toward justice for all. Database: FindArticles.com:
Wildman, Sarah. (2004, Dec. 21). George W. Bush has a very clear position on what makes good judges. The Advocate. Database: FindArticles.com: http://findarticles.com/p/articles/mi_m1589/is_2004_Dec_21/ai_n8706676
'" (p. 42). This clearly indicates that Thrasymachus was not won and while Socrates ended the argument on a good note but it was more his own approval of his views than Thrasymachus'.
We can thus say with confidence that Thrasymachus was also a wise man of considerable sagacity. He knew that Socrates could move people with the power of his speech and was thus completely prepared to meet his barrage of arguments.
I do not think that Socrates won himself a friend or even an admirer in Thrasymachus because the latter looked significantly bored and uninterested. He even said that he was agreeing where he agreed only to make Socrates happy. It seems that Socrates was more interested in pleasing the others on the scene and winning his approval than he was in Thrasymachus because he had come to know very early in the discussion that Thrasymachus could not…
Plato. Republic. (1994). Translated by Robin Waterfield; Oxford University Press. Oxford Nicolo Machiavelli. The Prince Written c. 1505, published 1515 translated by W.K. Marriott
Rawls sets out to propose a new theory, which he does by formulating two principles and "to show that the two principles of justice provide a better understanding of the claims of freedom and equality in a democratic society than the first principles associated with the traditional doctrines of utilitarianism, with perfectionism, or with institutionalism" (Rawls, Political Liberalism 292).
Nozick suggests an entitlement theory of justice that might seem to reflect the categorical imperative but which actually counters Kant's theory of property. John Rawls offered a revision of Kantian theory so it could be used as a grounding in ethical theory. Nozick also shows a strong commitment to prepolitical individual rights. He also recognizes that there are forces, including past injustices, which shape our holdings in society in various ways, raising the question of what ought to be done to rectify these injustices:
The general outlines of the theory of…
Nozick, Robert. Anarchy, State, and Utopia. New York: Basic Books, 1974.
Nozick, Robert. "The Entitlement Theory." In Morality and Moral Controversies, John Arthur (ed.), 253-259. Upper Saddle River, New Jersey: Prentice-Hall, 1996.
Olen Jeffrey and Vincent Barry. Applying Ethics. Boston: Wadsworth Publishing, 1996.
Rawls, John. Political Liberalism. New York: Columbia University Press, 1996.
It would strive to minimize the pay and quality-of-life differential between the wealthiest individuals and the poorest, although it would permit whatever differential justified by the greater good served by certain professional commitments and responsibilities.
Rawls' ideas if incorporated into society would not compel any person to contribute to the greater good any more than he or she desired; they would simply impose mechanisms for distributing resources and potential rewards in the most socially beneficial and equitable manner. Industries that produce socially beneficial products and services that contribute to the greater good would be permitted to profit more from those endeavors than superfluous industries; physicians would be entitled to sufficient compensation and benefits to ensure against any shortage of physicians in society; and police officers and firefighters would earn more than professional athletes, although closer to several times the average wage in society instead of the equivalent of hundreds or…
"Many social decisions are, of course, of an administrative nature. Certainly this is so when it is a matter of social utility in what one may call its ordinary sense: that is, when it is a question of the efficient design of social institutions for the use of common means to achieve common ends" (Rawls, 1958 p187).
Rawls' ideas would seem to comport perfectly with the essential purpose of public administration services. In principle, the entire structure of modern administrative services in society is precisely to improve society and contribute to the public good much more efficiently and effectively than individual citizens could ever hope to, even in a collaborative effort. Granted, to a certain extent, Rawls' ideas could be seen as excessively constraining individual initiative and creativity; however, in the realm of public administration of social services and justice, they would greatly increase the quality of life and contribute to the greater good. Instead of the poorly motivated, apathetic attitudes frequently associated with civil service employment, Rawls' ideas would reward civil servants sufficiently to guarantee much greater commitment to their responsibilities.
Generally, modern public administration and civil service exemplify the very concepts emphasized by Rawls except that the pay differential between civil servants and employment in many areas of the private sector greatly detract from the communal spirit and cooperation that Rawls hoped to promote through his ideas. Ultimately, while some of the specific mechanisms suggested by Rawls' ideas may be impractical to impose on a free society, their general purpose is likely achievable to some degree simply by increasing awareness of some of the conceptual arguments.
Nevertheless, the Thalberg school district maintained that her appearance on the show and participation in the contest exposed her students to inappropriate subject matter, notwithstanding the fact that it would have been virtually impossible for second grade students to hear a broadcast requiring special receivers and a monthly paid subscription service (WFSB 2008).
Ms. Jarry absolutely rejected any such suggestion but resigned under the pressure simply to preserve her teaching career because she lacked the financial resources to challenge the ultimatum in formal litigation, given the vast resources of the school district. By resigning "voluntarily" Ms. Jarry effectively relinquished any rights to dispute the school district's characterization of her appearance but, under the circumstances, she felt she had little choice in the matter.
Chicago Tribune (2008) Marie Jarry, Bikini-Wearing Teacher, Fired, May 9, 2008. etrieved August 21, 2008 from the Tribune wire reports, at http://www.chicagotribune.com/news/nationworld/chi-marie-jerry-bikini-teacher-fired-080509-ht,0,1213011.story
WFSB (2008) Teacher Jobless…
Chicago Tribune (2008) Marie Jarry, Bikini-Wearing Teacher, Fired, May 9, 2008. Retrieved August 21, 2008 from the Tribune wire reports, at http://www.chicagotribune.com/news/nationworld/chi-marie-jerry-bikini-teacher-fired-080509-ht,0,1213011.story
WFSB (2008) Teacher Jobless After Stern Appearance
Second-Grade Teacher Won Stern Contest, May 8, 2008. Retrieved August 21, 2008 from the WFSB News Channel 3 public website, at http://www.wfsb.com/news/16201453/detail.html
But the focus of Tim Tyson's book, the North Carolinian veteran Dickie Marrow was attacked and murdered by a gang of white men. The police and the jury system, much like the legislature of the state of Mississippi were complicit in the violence, and eventually the African-Americans of the community rioted in response to the delay and the fact the men were not convicted. On the pretext that Marrow had made an inappropriate comment towards a white woman, he became a subject of vengeance, recalled the author in a 2004 interview with NPR, a white man whose father was an anti-segregation minister, and African-Americans, after initially cooperating with the investigation, felt that they had no other recourse but street violence ("Tim Tyson, 'Blood Done ign My Name,'"2004, NPR: Morning Edition).
Marrow's death came to symbolize all of the oppression and injustice inflicted upon African-Americans, and the deferred promises of the…
Curry, Constance. (1996). Silver Rights. New York: Harvest.
Tyson, Tim. (1994). Blood Done Sign My Name. New York; Crown Books.
Tim Tyson, 'Blood Done Sign My Name'." (10 Nov 2004). NPR: Morning Edition. Retrieved 6 Nov 2007. http://www.npr.org/templates/story/story.php?storyId=4162533
The potentially socialist tone of these articles can explain a delay up through the Cold War, but it does not excuse delaying ratification into the twenty-first century. Upon further review, the socialist motive for delaying ratification does not stand.
Part 2, Topic 4: The wandan Genocide
On April 6, 1994, the plane of wandan President Juvenal Habyarimana was shot down over Kigali airport, the main airport for wanda, a small country in Central Africa.. Habyarimana was killed in the crash, as was the Burundian president, Cyprien Ntaryamira. The President was a Hutu, the majority in wanda. Many believe the Tutsis, the minority in wanda, perpetrated the shooting. Some say Hutu extremists, to give them an excuse for what happened next, committed the murder. Within hours of the president's death, angry Hutus took to the streets and sought out those who supported peace between the Hutus and the Tutsis. They did…
Glendon, Mary Ann. (2001). A World made new: Eleanor Roosevelt and the Universal
Declaration of Human Rights. New York: Random House.
Fromkin, David. (2001, April 22). Drawing a Line, However Thin. The New York
Times. Retrieved from http://www.nytimes.com/2001/04/22/books/drawing-a-line-however-thin.html?pagewanted=2
S. history would not have been fought if it had already been established that human beings were entitled to certain rights and not subject to enslavement.
3. Despite being a woman in a very male-dominated world, it is fair to say that Eleanor Roosevelt was absolutely instrumental in getting the UDHR passed. One of the goals in establishing the United Nations (UN) was to guarantee some type of protection for human rights; the problem was that the UN charter did not define human rights. Furthermore, there was no global consensus regarding the definition of human rights. Eleanor Roosevelt became chairman of the committee to draft the UDHR. Though Roosevelt was a well-respected and admired woman, who had political experience from her years as First Lady, she had no official diplomatic experience. Therefore, some questioned whether she was up to the task of engaging in such large-scale diplomacy. However, she proved…
Eco-Biere: For Environmentally Minded Consumers
(cue the Mexican equivalent of Morgan Freemen) The world's rainforests are disappearing at a rate of 200 acres per day (or 300 or 400, we're not really sure on the number). Anthropogenic CO2 omissions are at an all time high (pretty sure about this). Subsequently, the world is getting warmer and each day marks the beginning of the last (dramatic nonsensical line that sounds profound).
(crescendo) We are species that is weak and fragile, succumbing to the inevitable fiery collapse that awaits us like a spider dangling on a tenuous web above a hot flame (channeling Jonathan Edwards here). We are doomed (long pause).
Unless, unless we embrace our future, now! That is, we must radically change our habits, our frivolous behavior, (growing desperate) we must stop defiling our natural environment.
And until now there has not been a way to stop the rape…
The singular theme that stands out in all three texts of The Stolen Party, The Garden Party and The Lesson is the negative impact of class distinctions. In Heker's The Stolen Party, we see the painful awakening to the realities of class distinction of young 9-year-old Rosaura who believes that she is completely accepted as a friend of Luciana, the daughter of her mother's employer. It is only when Senora Ines offers her money instead of a leaving present at Luciana's birthday party that she wakes up to reality and receives a blow to her idealism and pride. Heker goes onto make an even more powerful comment on social class distinctions when she concludes her narrative with Senora Ines standing with her hand outstretched and the observation, "...didn't dare draw it back...shatter an infinitely delicate balance." (Heker, 123)
Bambara, too, makes a statement on the negative effects of social…
Bambara, Toni Cade. "The Lesson."
Heker, Liliana. "The Stolen Party."
Mansfield, Katherine. "The Garden Party."
I do not believe that this occurred because people became less concerned about the welfare of prisoners, or that America had simply become 'hardened' to the idea of trying to help people. I believe it merely came out of a frustration on the part of Americans who were desperate for an alternative that actually worked. Every night on the news, people are bombarded with story after story about criminal behaviors and growing crime rates, so it is entirely understandable that American's would throw their arms up in exasperation, and say 'let's try something else!' Frustration has always been a powerful catalyst for change, and the criminal justice system is no exception. But is this frustration the most powerful reason behind the replacement of the medical model with the justice model? Or is there something else that needs to be considered? Perhaps it was the war on drugs that drove this…
Barlow, D.E. & Barlow, M.H. (1993) Cultural diversity training in criminal justice: a progressive or conservative reform? Social Justice, 20 (3/4), 69-84.
Robinson, M.B. & Scherlen, R.G. (2007) Lies, damned lies, and drug war statistics: a critical analysis of claims made by the office of National Drug Control Policy. SUNY Press.
Sparks, R. (1996). Prison Histories: reform, repression and rehabilitation in E. McLaughlin and J. Muncie (eds) Controlling Crime, London: Sage for the Open University
Williams, V.L. (1996) Dictionary of American penology. Westport, CT: Greenwood Press.
If the convicted criminal feels that his sentencing was not just and fair, he can 'appeal', and his case would be tried again, if necessary. (Justice and Prisons, how justice works)
It must be remembered that in general, when a crime is committed, it can mean that there has been a violation of a local or a state or a federal law, and for which there was no real justification. However, the term 'justice' can mean different things for different people, and there is no real agreement on what exactly it means. This has what, in fact, led to the many controversies in the criminal justice system today. There are some individuals who conceptualize justice as meaning 'equality for all', that is, everyone must have the same amount, no matter what amounts they have produced. Some others define justice in terms of 'equity' wherein a person must get benefits in…
Baumgarth, William P; Aquinas, Thomas. On law, morality and politics.
Hackett Publishing. 2002.
Feibleman, James Kern. Justice, law and culture.
The purpose of this article was to show that restorative justice is significantly more satisfying as compared to courts for both offenders and victims. This was achieved with a randomized experimental design known as eintergrative Shaming Experiments ISE. This project is used to compare the effects of standard court processing with those of restorative justice intervention known as conferencing. In the article, the ISE data is used to examine whether conferences are equally beneficial for juvenile victims and adult victims as well (Gal, T & Moyal, 201).
The research method that was used in this article is a stratified randomized experimental design that was used to compare the outcomes of court and conference cases that were held in Canberra, Australia between 1995 and 2000. Shoplifting, drinking, property crimes and violent crimes were assigned within each other randomly to the estorative Justice Conferences or traditional courts using a computer…
Gal, T. & Moyal, S. (2011). Juvenile victims in restorative justice: Findings from the Reintegrative Shaming Experiments
Justice, political philosopher John Rawls looks at the idea of social justice and the individual rights of the individual by redefining the last 200+ years of the American experience. In general, he looks at the manner in which the Founding Fathers were correct by basing their views on previous social contract theorists like Locke and Rousseau. For example, there is a clear linkage between John Locke and Rawls that validates the ideas of liberalism within American society. In fact, Rawls notes that the American Experience extended the concept of justice far beyond hat any of the Enlightenment philosophers ever hoped (Rawls, 1957).
Rawls (1921-2002), an American philosopher who focused on moral and political philosophy, believed that the principles of justice are the models that rational individuals who are free would choose as basic ways to cooperate within their society. He called this position the original position, in that it was…
Kamm, F. (2007). Intricate Ethics: Rights, Responsibilities and Permissible Harm. New York: Oxford University Press.
Rawls, J. (1957). Justice as Fairness. Philosophical Review. 54 (22): 653-62.
Rawls, J. (1999). A Theory of Justice. Boston, MA: Harvard University Press.
Rawls, J. (2001). A Theory of Justice. New York: Oxford University Press.
Some of the characteristics of this country include community policing, a patriarchal family system, the importance of higher education, and the way businesses serve as surrogate families. Asian societies are also "shame-based" rather than "guilt-based" as Western societies are. For example, it is unthinkable to commit a crime in such places because of the shame it would bring upon one's family and the business or corporation with which that family is associated with. (Stevens, 2004, Places with little… section, ¶ 2).
In the book, Comparative criminal justice, Francis J. Pakes (2004) points out that when compatriots become involved in trouble with the law abroad, the news media invariably gains an interest in criminal justice in far-away places. When a case in a foreign country ends, albeit, the increased interest in the criminal justice system of the country at issue with the law in the U.S. dissipates. The media attention to…
Lah, K., Cooper, a., Ahmed, S. & Sanchez, C. (2009, ). American jailed in Japan for trying to reclaim his children. CNN.com. Retrieved October 21, 2009 from http://www.cnn.com/2009/WORLD/asiapcf/09/29/japan.father.abduction/index.html?ere
Morley, J.D. (2008, March 28). News India-Times, Retrieved October 21, 2009 from http://www.internationalfamilylawfirm.com/2008/03/international-parental-child-abduction.html
Pakes, F.J. (2004). Comparative criminal justice. Willan Publishing. Retrieved October 21, 2009
The role of a judge includes interpretation and enforcement of the law. The judiciary is responsible for upholding and applying laws as made by the legislature. Such laws require interpretation and application by the judicial rules to diverse cases. The concept is inclusive of guidelines that promote appropriate sentencing (Gibson & Cavadino, 2008). Where the jury finds defendants guilty, the judges decide on appropriate sentencing. Magistrates find defendants guilty and issue sentences or refer to higher Courts for sentencing. Such is normally the case where the offences are too serious for the sentencing powers. The sentencing criterion is influenced by various factors such as the circumstances of each case and impact of the crime on the victims. Other components include relevant law that guides Court of Appeal cases. The judges equally take into consideration the mitigation provisions that include hard personal circumstances and remorseful expressions on guilty pleas…
Ashworth, A., (2005) Sentencing, and Criminal Justice. New York: Cambridge University Press
Gibson, B., Cavadino, P., (2008) The Criminal Justice System: An Introduction. New York: Waterside Press
Shahidullah, S.M., (2012) Comparative Criminal Justice Systems: Global and Local Perspectives. New York: Jones & Bartlett Publishers
Siegel, L., (2009) Introduction to Criminal Justice. New York: Cengage Learning
shame in teenage sextual relations," Nina Funnell outlines a conceptual criticism of the approach taken by the Commonwealth on matters relating to the laws governing various sex crimes. According to Funnel (2011), there are fundamental problems with the enforcement of certain sex crime laws against minors because they were obviously drafted and enacted mainly to protect minors and not to punish their sexual behaviour. In that regard, Funnell (2011) focuses especially on the issue of the prosecution of teenagers who transmit sexualised photographs of themselves to others as violators of child pornography laws even though those crimes are, essentially, victimless crimes. The author points out that in addition to the nonsensical application of those laws to the class of persons they were originally intended to protect rather than punish, the Commonwealth has exhibited a simultaneous lackadaisical approach to prosecuting sex crimes involving bona fide victims and adult perpetrators, such as…
Funnel, N. (2011) There's No Shame in Teenage Sextual Relations, Sydney Morning Herald, 10 September.
Gerrig, R. And P. Zimbardo. (2008). Psychology and Life. Princeton, NJ: Pearson.
Hinds, L. And K. Daly (2001) The War on Sex Offenders: Community Notification in Perspective, ANZ Journal of Criminology, 34(3), 256-276. DOI: 10.1177/000486580103400304
McLoughlin, C. And J. Burgess (2010) Texting, Sexting and Social Networking Among Australian Youth and the Need for Cyber Safety Education, paper available through Australian Catholic University at http://www.aare.edu.au
justice as it applies to ethics. Justice is a social issue and a part of character, as noted in the lecture. There must be another party involved that requires justice, along with an obligation, and that is why it is a social issue. Justice is also a major portion of ethics, because of the choices made involved with justice.
In business ethics, justice is extremely important, because justice is necessary for a business and an individual to become successful. The three types of justice all pertain to business in some way, but the interpersonal type of justice is probably the most important in the business relationship. In interpersonal justice, there is a contract either real or implied, between two parties. One creates goods or services and offers them to another, who accepts them with the obligation to pay for the products. In an ethical situation, both parties will conduct their…
Justice and Social Equity
Income inequality is growing at a precipitous rate in America. The cry for justice for the 99% reflects the notion that America is increasingly being dominated by wealthy elites, and the wealthy can use their greater economic, political and social capital to sustain their advantage at the helm of American society. This is manifested in a variety of ways, including the high burden of debt carried by young people who try to better themselves by going to college and then are faced with the prospect of being beholden to that debt for most their productive working lives -- provided that they can find a job upon graduating. Fear of debt may drive the children of the middle and lower classes to cheaper colleges, thus creating even more of a concentration of wealth and power, given the social connections that can be fostered at elite…
Frederickson, H. George. (2005). The state of social equity in American public administration.
National Civic Review.
Justice or Equality
For years now, we have been taught to fight for equality: equality this and equality that. One of the major things we have been taught about equality is that women are equivalent to men and should be treated the same. This is based on the argument that equality involves treating every individual the same regardless of whether he/she is male or female. However, that is not the case. Women are not created equally to men, nor are we the same, but rather similar to each other. Women are set out to be different from men, and men are set up to be different from women. For instance, men think about things differently from the way women do, which demonstrates that men and women are not the same. Why is it that we ask for such a burden, when we can ask for fairness and just actions instead?…
Justice Given by the Character Thrasymachus in Plato's Republic Is Incorrect
The objective of this study is to prove that the theory of justice given by the character Thrasymachus in Plato's Republic, using only Plato's arguments in ooks 1 and 2 is incorrect.
The theory of justice given by Thasymachus in Plato's Republic holds that justice "is another's good and the interest of the stronger, and that injustice is a man's own profit and interest, though injurious to the weaker." (Jowett, 2012) ook 2 relates that justice is "sometimes spoken of as the virtue of an individual and sometimes as the virtue of a State." (Jowett, 2012) Justice is related in ook 2 of Plato's work to be formulated in the mind of the individual through experiences and information gained in the society and educational institutions in the individual's life. Thrasymachus claims that justice is the advantage of the stronger…
The Project Gutenberg EBook of The Republic, by Plato (2012) Trans. B. Jowett. Retrieved from: http://www.gutenberg.org/files/1497/1497-h/1497-h.htm
justice from Anaximander and Hericleitus will be traced, through the Republic of Plato and Nicomachean Ethics of Aristotle's. The purpose of the essay is to discuss the concepts of justice, which are presented in these two pieces of literature. The study and researches have shown that Hericleitus concepts are related to justice and injustice, according to this concept a reader can gain an insight of the definition regarding justice and its original importance. The concept of justice as defined by Hericleitus states that justice is the process through which a human makes reasonable actions and he is satisfied with those actions and never feels regretted. hile the concept of justice by Anaximander is based on social justice and its relative importance. Both these concepts are used in the literature study because these concepts read understandable."The Republic, however, is the supreme product of Plato's most mature years, thought, and style. It…
Dale clearly believed that he was acting in a moral manner because he believed that he would be keeping his brother from experiencing tremendous pain and suffering. Furthermore, his belief was reasonable; there is growing public support for legalized assisted suicide and his concerns about his brother's welfare were based on Mike's terminal cancer diagnosis. Therefore, Dale's sentence was not an example of justice.
However, the fact that Dale's sentence was unjust does not mean that the prosecutor erred in deciding to charge Dale. While her personal beliefs about assisted suicide should not have motivated her decision to prosecute, the job of a prosecutor is to enforce community moral beliefs, which are expressed by legislative decisions. In order to determine whether or not the prosecutor's decision to prosecute was appropriate, one would need to look at the state's criminal code and see if and how it addressed the issue of…
Compassion and Choices. (2005). Improving laws: in the courts. Retrieved February 12, 2007 from Compassion and Choices.
Web site: http://www.compassionandchoices.org/improvinglaws/courtrooms.php
Humphry, D. (2003). Tread carefully when you help to die. Retrieved February 12, 2007 from the Euthanasia Research and Guidance Organization.
Web site: http://www.assistedsuicide.org/suicide_laws.html
Justice: The History of 'rown v. oard of Education' and lack America's Struggle for Equality," by Richard Kluger. Specifically, it will discuss what three issues/events/or people contained in the book were the most significant. Many events led up to the monumental Supreme Court decision that led to desegregation of America's schools. ringing the issue to the courts involved brave men and women, a hope and need to alter history, and the people's need for racial equality.
Simple Justice" recounts the story of the landmark rown v. The oard of Education case in heard in Topeka Kansas, which, simply stated, created non-segregated education in America. The author wrote the book so the nation could take a look at how to "exploit its inner resources," and work through the continuing and continual problem of racial segregation. "Material values in themselves, in short, can neither explain nor sustain the American achievement:…
Kluger, Richard. Simple Justice: The History of 'Brown v. Board of Education' and Black America's Struggle for Equality. New York: Alfred A. Knopf, 1976.
" (Shiele, 2006) All of these are important yet they do not address the use of "the worldviews and cultural values of people of color as theoretical bases for new social work practice models" (Shiele, 2006) but instead hold the beliefs that: (1) that only White people - especially White men - have the ability and skill to develop theories and social work practice models; (2) that people of color, specifically African-Americans, lack the ability and skill to develop theories and social work practice models; (3) that the precepts of European-American culture are the primary, if not the only, precepts through which social problems can be analyzed and solved; and/or (4) that culture, and the internalization of culture by the theorist, has little or no effect on theory - that theory or theorizing is mostly or completely an objective activity." (Shiele, 2006)
Sohng, S. (2004). A brief overview of…
Sohng, S. (2004). A brief overview of contemporary theories of social justice. Justice lecture notes October 04, pp. 1-13.
Rawls. J. (1997). Justice and Equity, in L. Pojman & R. Westmoreland (Eds), Equality: Selected Readings (pp.183-190). New York, NY: Oxford University Press.
Reisch, M. (2002). Defining social justice in a socially unjust world. Families in Society: The Journal of Contemporary Human Services, 83, 343-354.
Isbister, J. (2001). Capitalism and justice, Chapter 1 and 2 (pp. 3-29). Bloomfield, CT: Kumarian Press.
She knew the 'feel good' mood that most parishioners had while in church services, but she also was aware that many of the poorer members were single mothers trying to make ends meet the same as her mother.
She got together with some of the middle class and wealthy members and they formed a group at the church where clothes were donated and interview and job skills were taught in order to help the women who were less fortunate become more economically independent. Many of the women in the organization were college educated, had excellent computer and interpersonal skills and more importantly many of them had a closet full of nice clothes and shoes that they rarely wore.
They decided not to turn their organization into a nonprofit. They continued to run it from the church basement and according to Aunt Mary, it is very successful. She says that every…
.....ethics cannot avoid claims to universal truths, political philosophy cannot avoid the efficacy of universalism. Relativism is too convenient a response to resolving conflicts of interest and divergent views of governance. However, an alternative to the universalism versus relativism debate lies in Rawl's concept of justice as being the fundamental tenet of a constitutional democracy. Rawls also bases his concept of justice and political philosophy on the underlying importance of consensus (Baier, 1989). Interestingly, consensus implies a utilitarian ethical framework, which Rawls (1985) claims to move away from: "as a practical political matter no general moral conception can provide a publicly recognized basis for a conception of justice in a modern democratic state," (p. 225). Rawls means that consensus enables universal justice and fairness, but not a justice rooted in religious or moral precepts. A political philosophy like Rawls's that is focused on justice cannot distance itself from universalism, especially…
Justice and lawful coexistence is not always easy to understand or comprehend. Abstract laws only gain meaning when applied through real life experience. The purpose of this paper is to examine a specific incident in which a large business is being sued for negligence towards one of its customers. This essay will help add context to bring about a more useful and practical understanding of this aspect of business law.
McDonalds is a very popular restaurant and claims to have served billions upon billions of people. The nature of this business provides cheap and relatively unhealthy foods to customers looking for a quick and easy dining experience. Drive thru windows which allow customers to an even more convenient way of dining are a staple of Mc Donalds and other fast food restaurants. In December of 2010, an incident occurred in Orlando, FL which brought about an interesting law suit examining…
Fastenberg, D. (2012). Fla. customer sues mcdonald's after worker allegeldy unleashes anti-gay rant and assault. AOL.com.12, July 2012. Retrieved from http://jobs.aol.com/articles/2012/07/12/gay-customer-sues-mcdonalds-after-worker - allegedly-unleashes-an/
IV. ARRIERS to 'JUSTICE 'FOR ALL'
There are barriers that stand in the way of all individuals experiencing the same level of justice as other experience and these barriers may include those which are structural and socio-economic as well as other barriers to justice which include gender, race, and ethnicity. In other words, there are barriers effectively in place barring individuals from being on the receiving end of an equal level of justice based upon their socio-economic status even if the barriers of race and ethnicity are not present while someone of the same race in another region of the world or a different country area that will be on the receiving end of an inequity in justice based solely on the individual's race.
V. EXAMINATION of FACTORS AFFECTING JUSTICE
Cultural and societal barriers for justice include the barriers faced by individuals in a society that does not speak the…
Houseman, Alan W. And Perle, Linda E. (2007) Securing Equal Justice for all: A Brief History of Civil Legal Assistance in the United States. Center for Law and Social Policy. Online available at http://www.clasp.org/publications/legal_aid_history_2007.pdf
Criminal justice organizations have "varied and complex environments," and are affected by those environments in ways that makes them "malleable" and prone to frequent change (Stojkovie, Kalinich & Klofas, 2015, p. 15-16). Because of this, criminal justice administration reflects the core principles of learning organizations. Criminal justice organizations must be flexible, responsive to changes in social norms and public policies, and willing to account for developments in empirical research that might alter practice. Leadership in criminal justice organizations must therefore be visionary and transformative, motivated by core goals. Because the core goals of criminal justice organizations are as complex as their organizational structures and functions, it is important to explicitly clarify the missions, values, and goals of each organization under the criminal justice umbrella. Likewise, it is important to understand the role of the criminal justice organization within the overarching government.
As governmental institutions, criminal justice organizations are bureaucratic in…
Stojkovie, Kalinich, & Klofas. (2015) Criminal Justice Organizations: Administration and Management - custom (6th ed.) Florence, KY: Wadsworth Publishing
Wiechmann, A.D. (2007). Public Administration in Criminal Justice Organizations. San Diego: University Readers.
Padilla v. umsfeld, Ex-Parte Quirin, and Hamdi v. umsfeld
Padilla vs. umsfeld
The synopsis of this case indicates a fact that Padilla, in the first place, did not have any reason to access a lawyer because he had been deemed a national security concern. Being an enemy combatant, Padilla did not have any jurisdiction whatsoever to be founded on the terms of an appeal as done to the Second Circuit Court of Appeals (McPhee, 2006). As seen from the arguments promoted by Bush's depiction of Padilla as an enemy combatant, the court had not authority to hear the case since Padilla was supposed to be kept in the South Carolina. In the meantime, the right and possible defendant should have been a South Carolina Warden and not the Secretary of Defense Donald umsfeld (Hafetz, 2011).
The case involved eight men who were American citizens. The eight were…
Hafetz, J. (2011). Habeas Corpus after 9/11: Confronting America's New Global Detention System. New York: New York University Press.
Lokaneeta, J. (2011). Transnational Torture: Law, Violence, and State Power in The United States And India. New York: New York Univ. Press.
McPhee, R.D. (2006). The Treatment Of Prisoners: Legal, Moral Or Criminal? New York: Nova Science Publishers.
Courts of California
Organization and Structure
California courts system is the biggest in the country, serving a total population of 38 million people, which represents 12% of the total population of the U.S. Many cases here begin at one of the 58 superior courts or a trial court which is found n every of the 58 counties in this state. There are over 500 court buildings in this state. The functions of these courts are to hear criminal and civil cases together with the family cases, mental health cases, probate cases, traffic cases and juvenile cases, among others. The next level of the judicial authority is found at the Courts of Appeal (McGovern & Greenberg 2014). The cases that come to this court are a review of the superior court decisions. Here, the legislature subdivided the geography of the state into six appellate districts. The third and the highest of…
Maerowitz, M. A., & Mauet, T. A. (2008). Fundamentals of California Litigation for Paralegals. Austin: Wolters Kluwer/Aspen Publishers.
McGovern, G., & Greenberg, M. D. (2014). Who Pays for Justice? Perspectives on State Court System Financing and Governance. Santa Monica: RAND Corporation.
Justice ithout Trial
The author and professor of criminal justice, Jerome Skolnick, argues in his book entitled Justice ithout Trial: Law Enforcement in Democratic Society, that the first line of defense in the protection of personal safety and property any democratic society is that of effective law enforcement. However, the police form not a human line of protective and retributive justice, as they ideally should, but instead have created and fucntion as a subculture with little respect for other institutions of justice in the nation, such as trial by jury and presumptions of innocence. Instead, Skolnick states that even in allegedly democratic America, justice takes place without a trial, in the eyes of the prejudices of a policeman when they see a supposed perpetrator in the night. The presumption of guilt in the heart of the policeman, rather than the objectivity of a judge becomes the most compelling determinant of…
Skolnick, Jerome. (1993) Justice Without Trial: Law Enforcement in Democratic Society, First published in aticle form in 1966.
Criminal Justice Data Interpretation
In December of 2014 the National Center for Juvenile Justice published its fourth "comprehensive report on juvenile crime, victimization, and the juvenile justice system." (Sickmund, 2014, pg iii) This report was prepared in order to present the most important information on the juvenile justice system and those who come under its jurisdiction. In order to understand the many influences on the lives of juveniles, the report examines the variety of characteristics within the population of juveniles included in the report. While this includes such information as demographics, population data, living arrangements and high school dropout rates, one of the most important characteristics is the rate of births attributed to juveniles. Page 13 of the report includes a table which describes the teenage birthrate in the United States compared with a number of other industrialized nations. The data used was collected from the United Nations…
Sickmund, Melissa and Charles Puzzanchere, Editors. (2014). Juvenile Offenders and Victims: 2014 National Report. National Center for Juvenile Justice. Retrieved from http://www.ojjdp.gov/ojstatbb/nr2014/downloads/NR2014.pdf
Durose, Matthew, Alezia Cooper, and Howard Snyder. (2014 Apr). Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010. Bureau of Justice Statistics. Retrieved from http://www.bjs.gov/content/pub/pdf/rprts05p0510.pdf
The human race has been face-to-face with inequality and injustice since the beginning of time. First there was the inequality of religion, than there was the inequality of gender, the inequality of social status and most recently the inequality of color. All of these inequalities have been eliminated one by one with the belief in freedom. Looking over all of the events that eliminated inequality such as the French revolution and Martin Luther King's "I Have A Dream" speech a question comes to the mind. A question asking whether there is a "secret" to justice and if there is one what is it?
If there is a secret to justice, perhaps poets will be the first to tell. Maya Angelou, one of America's foremost poets, talks about the spiritual secrets of African-Americans in her essay "Graduation." At the close of the autobiographical essay, Angelou states, "If we were a…
Angelou, Maya. "Graduation." Retrieved online: http://www.eacfaculty.org/pchidester/101%20files/Graduation.pdf
King, Martin Luther. "Letter From Birmingham Jail." "Occasions for Writing: Evidence, Idea, Essay." DiYanni, Robert, and Pat C. Hoy. Boston, MA: Thomson Heinle, (2008).611-621. Print.
Le Guin, Ursula. "Where Do You Get You Ideas From." "Occasions for Writing: Evidence, Idea, Essay." DiYanni, Robert, and Pat C. Hoy. Boston, MA: Thomson Heinle, (2008).536-541. Print.
What Is Justice
It's tough to answer the question, "what justice means to me (exclusively or "in my own words)" because I've already been exposed to a source that has had a searing impact on how I define justice. To ignore it, or to pretend it didn't happen, would be the equivalent of trying to forget Shakespeare after one has just read Hamlet.
What I'm attempting to articulate is that I define justice much in the same way Harvard Professor Michael Sandal defined justice in an interview with Charlie Rose back in 2009. When asked the question, "what is justice?" Professor Sandal responded by invoking the great Aristotle, he said, "how a society should distribute honor and recognition is at the heart of justice."
Professor Sandal (via Aristotle) is precisely right. Justice is how a society figures out who deserves what. However, I would unpack that concept a little…
Justice & Social Change
The author of this report has been exposed to several topics during the course of the current class. As explained in the parameters for this assignment, the author has discussed or read about organizational ethics, comparative ethics, the ethics of dissent, human rights, liberty, equity and equality. However, the topic of discussion for this report is justice. There is a lot of symbolism and imagery associated with justice including the statue of a blindfolded woman with a scale in her hand, among other things. The author will explain the meaning behind the symbolism. The author will also answer how the author's personal concept of justice influences the author's decisions as it relates to the ethical responsibilities of a public administrator. While being an ethical public administrator is often a straightforward task, there are some areas and situations that are less than easy to navigate.
Frederickson, H.G. (1990). Public administration and social equity. Public Administration Review, 50(2), 228 -- 237. Retrieved from the Walden Library databases.
Mittelman, J.H. (2002). Making globalization work for the have nots. International Journal on World Peace, 19(2), 3 -- 25. Retrieved from the Walden Library databases.
Yeager, S.J., Bartley Hildreth, W., Miller, G.J., & Rabin, J. (2007). The relative effects of a supervisory emphasis on ethical behavior vs. political responsiveness.
Public Integrity, 9(3), 265 -- 283. Retrieved from the Walden Library databases.
Justice is a concept that has attracted the use of various terms by several philosophers in efforts to explain it. Based on the accounts of various philosophers, justice is a term that means equitable, fair, and suitable treatment depending on what is owed or due to individuals. Justice is an important concept in the criminal justice system and the modern society because it is applied in cases where people are owed burdens or benefits since their respective conditions are harmed by another individual's acts. The concept of justice has also been explained by various theories, which contain principles that are used in the application of justice.
Explanation of the Theory of Justice
The theory of justice is a concept that is centered on the enforcement of two essential principles of justice that would contribute to a just and morally upright society. John awls introduced the theory of justice as fairness…
Beauchamp, T.L. & Childress, J.F. (2001). Justice. In Principles of Biomedical Ethics (5th ed., Chapter 6, 225-239) Oxford University Press. Retrieved from http://compbio.ucdenver.edu/hunter/cpbs7605/Beauchamp-Childress.pdf
Garrett, J. (2005, August 24). Rawls' Mature Theory of Social Justice. Retrieved from Western
Kentucky University website: http://people.wku.edu/jan.garrett/ethics/matrawls.htm
Harborne, B. & Sage, C. (2010, March). Security and Justice Overview. Retrieved September 25,
The objective of this study to is examine the expenditures on corrections at the state and federal level and perform a cost benefit analysis of the modern American conception of justice.
Justice -- What Is It?
Justice is many things to many people. To some individuals justice is viewed as a form of punishment and to other justice is equity. roadly defined, justice can be viewed as a means to exact equality from an inequitable relationship between two individuals or entities. Justice, according to the ible, in terms of punishment is "an eye for an eye and a tooth for a tooth." (Exodus 21:22) What the ible speaks of in this instance is that transgressions shall be rewarded with appropriate punishment.
The American justice system is one characterized by punishment that is oftentimes inequitable and in appropriate in the sentencing of offenders. Dr. Matthew Robinson notes that…
An Eye for an Eye, A Tooth for a Tooth (nd) Topical Bible Study. Retrieved from: http://www.topical-bible-studies.org/31-0016.htm
Piehl, AM, Useem, B and DiIulio, JJ (1999) Right-Sizing Justice: A Cost-Benefit Analysis of Imprisonment in Three States. Civic Report. No. 8. September 1999. Retrieved from: http://www.manhattan-institute.org/html/cr_8.htm
Robinson, Matthew (2005) Race and Criminal Justice. Retrieved from: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CFsQFjAD&url=http%3A%2F%2Fwww.pscj.appstate.edu%2Fsocialjusticepaper3.doc&ei=sdjdT6WqLoe16gGkjoGlCw&usg=AFQjCNFfc5OlyF3ipAQZLCXieD0SfHrDmw
Rosenberg, J and Mark, S (2011) Cost-Benefit Analysis and Criminal Justice Policy. Balanced Justice. Retrieved from: http://policyintegrity.org/files/publications/Balanced_Justice.pdf
(d) etribution serves towards a constructive purpose of -- as Braithwhite calls it -- 'restorative shame' rather than 'stigmatizing shame'
In 1988, John Braithwaite published "Crime, shame, and eintegration" where he introduced his idea of restorative shaming (Braithwaite, 1997). The conventional criminal justice stigmatizes the individual in that it not only makes him a pariah of society thereby making it harder to reform himself, but also crushes his esteem, causing others to deride and shun him, accordingly often making him react in a reinforcing manner. Seeing himself as 'offender' and finding it extremely difficult to readjust and gain acceptance in society, the offender may be compelled to return to crime as way of livelihood to support himself and as a way of gaining the prestige and status that he m ay need and that he may, otherwise, not gain.
estorative justice, on the other hand, helps offender atone for his…
Acorn, a. (2004). Compulsory compassion: a critique of restorative justice Vancouver: University of British Columbia Press
Braithwaite, J. (1989) Crime, shame, and Reintegration New York, NY: Cambridge University Press.
Christie, N. (1977), Conflicts as Property, British Journal of Criminology, 17: 1-15.
Correctional Service of Canada. [Online] Retrieved from: