SOC 225 Final - CH 10 Criminal Justice vs. Social Justice

******Define CRIMINAL JUSTICE

System + process of Creating, interpreting + enforcing the laws of the state

****What is the ultimate GOAL of CRIMINAL JUSTICE

Protect society while punishing offenders so that justice can be felt by all

• produced by political, social, organizational + judicial process

• purpose = Punish guilty + protect innocent ==> deliver justice for all

*****Define SOCIAL JUSTICE

Not easy to define

****Why is SOCIAL JUSTICE hard to define?

Can take on many meanings

“ In the EYE of the BEHOLDER”

depends on time, space + perspective

*****What is the GENERAL DEFFINITION for social justice?

Fair + equitable distribution of power, resources + obligations to all regardless of differences

****In what YEAR did a Commission of Social Justice indicate that social justice could be defined by a FEW BASIC PRINCIPLES?

1993

*****How many BASIC PRINCIPLES define social justice + What are these principles?

4 Basic Principles

1. Foundation of a strong society = the equal worth of all citizens

2. All are entitled to have their basic needs met

3. Self-respect + personal autonomy = inherent in the idea of equal worth

4. Inequalities are not necessarily unjust but those which should be reduced + where possible eliminated

*****What are the 5 BASIC NEEDS indicated in BASIC PRINCIPLE #2 of the 4 that define social justice?

1. Income

2. Food

3. Shelter

4. Education

5. Health

True or False: Our conversation about social justice tend to focus more on how to eliminate injustices in society than what a socially just society looks like

True

*****Define Social Injustice

Opposite of Social Justice

• Unequal distribution of Power + Resources = inequality

eg. race inequality, ageism, sexism, poverty, diff health care access, income gaps etc.

****True or False: Social injustice is easy to detect

FALSE

WHO said that “before we can alleviate injustice we must first detect it”

Susan Opotow

*********How many REASONS did Susan Opotow list for the DIFFICULTY of DETECTING INJUSTICE + what are the reasons

FOUR MAIN REASONS:

1. Social Injustice may not come to light

   • Harm OTHERS experience = less obvious than pain we experience ourselves

2. Difficult to see when CLOSE to you

   • Easier to detect in other cultures than own

3. INACTION aids injustice

4. Fighting Injustice requires A LOT of REASOURCES

****What is Justice according to Immanuel KANT?

Just Punishment = RETRIBUTION for retributions sake

• Eye for an eye

****Across the world, point to punishment as a form of rehab. True or False: punishment can translate into rehab + reforming behavior?

False

****What does the Criminal Justice Act (CJA) in ENGLAND 2003 state that courts must have what 5 things in mind when sentencing?

1. Punishment of offender

2. Reduction of crime (DETERRENCE)

3. Reform + rehab

4. Protection of public

5. Reparation by offender to victim + community

*****What is the ISSUE with the CJA list of 5 things to keep in mind when sentencing?

• Punishment = FIRST = most important

• Reform + Punishment = on same list… but these 2 are NOT SYNONYMOUS as they have opposite objectives

Why is punishment listed FIRST in the CJA of England 2003?

Strong believe of Deterrence created by punishment

*****Fill in the Blank: The concept of punishment for deterrence can be traced back as far as ____ B.C. with the writings of ___.

The concept of punishment for deterrence can be traced back as far as 400 B.C. with the writings of PLATO.

*****What is PLATO’s rational for punishment (aka what is justice to him)

• Punishment SHOULD NOT be for wrong doings as they are in the past

Punish for the sake of PREVENTION of the same wrong doing (deterrence)

*****What are BECCARIA’S Theoretical Thoughts aka 8 KEY POINTS

1. People = RATIONAL

2. SEEK PLEASURE + avoid pain

3. Unless deterred will pursue pleasure enhancing desires

4. Law should be WRITTEN

5. Law should be COMMUNICATED

6. POWER of judges RESTRICTED

7. Punishment should FIT CRIME not criminal

8. CERTAIN, SWIFT + PROPORTIONAL

*****What were the 2 SPECIFIC CASES of INJUSTICE mentioned in the text book?

1. Bill 9 (Issue with LAW itself)

2. Paul Manafort (Issue with APPLICATION of law)

******What was with Bill 9

Prior to Repeal + Replacement. LESSER ECONOMIC people = SUBJECT TO CJS UNJUSTLY

******What was the STORY associated with BILL 9?

Homeless man on LRT to keep warm, does not pay to ride —> Incarcerated + waiting for trial with $$$ fines + costs of court piled on him without ability to pay the fines

*****Are Plato, Beccaria + Kant’s position of punishment + Justice Justified in the case of Bill 9?

NO

Plato + Beccaria:

• Freezing to death = NOT WEIGHING PROS + CONS

Kant:

• Violate = Retribution+ Retribution punishment = reasonable (not justified in this case)

*****What is the Story associated with PAUL MANAFORT?

Tax, evasion, fraud etc.…

TRUMPS buddy

• Charged + convicted but unfair

*****How many MONTHS was PAUL SENTENCED

47 months

*****What are Sentencing Guidelines (Topic = on exam)

SET OF RULES for JUDGES to USE WHEN COMPUTING SENTENCES.

Realize people were being sentenced according to EXTRALEGAL factors

• created for equality of sentencing

******When was the SENTENCING REFORM enacted?

Sentencing guidelines

1984

******What are the 3 OBJECTIVES of the Sentencing Reform?

1. Honesty in sentencing

2. Uniformity in sentencing

   • Narrowing wide disparity

3. Proportionality in sentencing

*****How LONG has it been since CANADA has introduced SENTENCING GUIDELINES?

~30 yrs

*****HOW LONG did PAUL receive in jail? How long should his sentence have been ACCORING TO THE SENTENCING GUILDINE

Just Under 4 years

• 47 months

Sentencing guideline = 19 - 24 yrs

****Fill in the Blank: Manafort got ___ months in jail, my client got ____ months in Jail for ____ from a laundry room. Justice isn’t ____ It’s ____.

• Manafort got 47 months in jail, my client got 36-72 months in Jail for stealing $100 of quarters from a laundry room.

• Justice isn’t Blind It’s Bought.

******Define Socioeconomic status

Social standing/ class of a person

*****What 3 things are normally used to measure Socio Economic Status?

1. Education

2. Income

3. Occupation

*****WHO developed 10 GENERAL PRINCIPLES which if fully adhered to may help us MITIGATE social INJUSTICE? what Year?

U of St. Thomas school of Social Work

+

St. Catherine University

2010

*****What is the FIRST of the 10 GENERAL PRINCIPLES to mitigate social injustice? Elaborate + explain it

Human Dignity

• Ethical foundation of a moral society

• Measure of every institutions = whether it threatens or enhances dignity of a person

Social workers respect the inherent dignity and worth of all individuals.

****What are ALL 10 GENERAL PRINCIPLES?

1. Human Dignity

2. Dignity of work + Rights of workers

3. Community + Common Good

4. Solidarity

5. Rights + responsibilities

6. Stewardship

7. Prioritize poor + vulnerable

8. Governance

9. Participation

10. Promote Peace

****** Elaborate + explain DIGNITIY of WORK +RIGHTS of WORKERS

Profit often takes precedence over the dignity and rights of workers, it is important to recognize that the economy must serve the people, not the other way around.

• If the dignity of work is to be protected, the basic rights of workers must be respected

  • right to productive work, to decent and fair wages, to organize and join unions, to private property and to economic initiative.

****** Elaborate + explain COMMUNITY + COMMON GOOD

human nature = social needs. Human relationships enable people to meet their needs and provide an important vehicle for change.

• The family, in all its diverse forms, is the central social institution that must be supported and strengthened. The way in which society is organized directly affects human dignity and the common good.

***** Elaborate + explain SOLIDARITY

We are one human family, regardless of our national, racial, ethnic, economic, and ideological differences.

***** Elaborate + explain RIGHTS + RESPONSIBILITES

Right and a responsibility to participate in society and to work together toward the common good. Human dignity is protected and healthy community can be achieved only if human rights are protected and responsibilities are met. Accordingly,

• every person has a fundamental right to things necessary for human decency.

• All have responsibilities to family, community and society.

***** Elaborate + explain STEWARDSHIP

Environment

***** Elaborate + explain PRIOTY for POOR + VULNERABLE

A basic moral test of any community or society is the way in which the most vulnerable members are faring.

***** Elaborate + explain GOVERNENCE

Governance structures in all levels/settings have an imperative to promote human dignity, protect human rights, and build the common good.

***** Elaborate + explain PARTICIPATION

Right to participate in the economic, political and cultural life of society.

• Social justice and human dignity require that all people be assured a minimum level of participation in the community.

  • Ultimate injustice for a person or a group to be excluded unfairly

***** Elaborate + explain PROMOTION OF PEACE

In light of the human dignity and worth of all and the ethical imperatives of solidarity and stewardship,

• Peace is the fruit of justice and is dependent upon the respect and cooperation