Justice: Systems, Institutions, and Your Place in It

What is Justice?

  • Ideas from class:
    • Equal punishment for equal crimes
    • Proportionality of punishment
    • Due process
    • Legal Karma (concept)
    • Right and Wrong
    • Understanding reasoning
    • Victim getting justice

Justice System: Teacher's Definition

  • Justice is not always fairness
  • Competing goals: punishment, protection, and rehabilitation
    • Justice system: Protects against cruel and unusual punishment
  • Is justice proportional?
    • Proportional to the crime and addressing the victim (some sort of closure)
    • EX: When you steal 100 and you have to pay 50 back, whereas murder; you kill someone we kill you back. Proportionality is not always granted
  • What is the purpose of the justice system?: Keep the people safe, to hold people accountable with discipline
  • Is plea bargaining justice?

The 3 Branches of Law

  • Law enforcement; enforces the laws, apprehend suspects
  • Courts; (most powerful part of our system)
    • interpret laws
    • ensure fair trials
    • protect the rights of the accused and the victims
    • interprets guilt or innocence
    • decides whether or not the case continues, what charges, or if the case is dismissed
  • Corrections; carry out punishment, punish and rehabilitate

Cost and Issues

  • 2017: 305\text{ billion} annually
  • Americans spend 938\text{ per person}
  • The cost of incarceration varies
    • VERY expensive.
    • More money is spent on prisons than funding for K-12
  • Scarce economic resources, overcrowding

Levels of the System

  • Local → municipal police, county jails EX. Noise ordinance
  • State → state courts, highway patrol, prisons EX.
  • Federal → FBI, federal courts, federal prisons EX. If you punch a postal worker. Since they work for the federal government
  • System is not a straight line: Process

Process

  • Process: crime → arrest → trial → sentence → corrections
  • Most cases never go to trial; only about 5{-}10\% go to trial, most get plea bargained
  • Discretion shapes every stage of this process

Road Map

  • Road map: See visuals/diagrams