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JUSTICE FIVE VARIATIONS TO CONSIDER. UTILITARIAN JUSTICE PUNISHMENT IS FORWARD LOOKING; THE ABILITY TO ACHIEVE FUTURE SOCIAL BENEFITS [CRIME REDUCTION];

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Presentation on theme: "JUSTICE FIVE VARIATIONS TO CONSIDER. UTILITARIAN JUSTICE PUNISHMENT IS FORWARD LOOKING; THE ABILITY TO ACHIEVE FUTURE SOCIAL BENEFITS [CRIME REDUCTION];"— Presentation transcript:

1 JUSTICE FIVE VARIATIONS TO CONSIDER

2 UTILITARIAN JUSTICE PUNISHMENT IS FORWARD LOOKING; THE ABILITY TO ACHIEVE FUTURE SOCIAL BENEFITS [CRIME REDUCTION]; THE MORAL WORTH OF AN ACTION IS DETERMINED BY ITS OUTCOME.

3 RETRIBUTIVE JUSTICE PROPORTIONATE RESPONSE TO CRIME PROVEN BY LAWFUL EVIDENCE; PUNISHMENT IS JUSTLY IMPOSED AND CONSIDER AS MORALLY-CORRECT AND FULLY DESERVED RETRIBUTION ALSO MEANS PROSPERITY; PROSPERITY RESULTS IN CRIME PREVENTION

4 RETALIATION [ LEX TALIONIS ] RECIPROCITY SHOULD BE EQUAL TO THE WRONG SUFFERED; LIFE FOR LIFE WOUND FOR WOUND STRIPE FOR STRIPE

5 DISTRIBUTIVE JUSTICE THE PROPER ALLOCATION OF THINGS: WEALTH, POWER, REWARD, RESPECT BETWEEN DIFFERENT PEOPLE. HISTORICAL QUESTIONS ASKED WHAT IS JUSTICE? WHAT IS THE PROPER DISTRIBUTION OF WEALTH AND RESOURCES IN SOCIETY?

6 OPPRESSIVE LAW AUTHORITARIAN APPROACH TO LAW LAW OF TYRANNY THE LAW SAYS WHAT I SAY IT SAYS

7 JUSTICE IN AMERICA

8 BLIND JUSTICE WHY A WOMAN? WHY BLIND? WHAT DO SCALES “BALANCED” MEAN? OBJECT IN RIGHT HAND? WHAT & WHY?

9 FOUNTAIN OF JUSTICE 1543—BERNE, SWITZERLAND At the feet of Justice, four smaller busts crowd the pedestal: a Pope, an Emperor, a Sultan and a Schultheiss, whose golden chain of office is believed to have originally borne the Bernese arms. [5] All figures have closed their eyes as in submission. They represent the Four Earthly Powers, the four forms of government according to Renaissance humanism: theocracy (the Pope), monarchy (the Emperor), autocracy (the Sultan) and the republic (the Schultheiss). [8]PopeEmperorSultan SchultheissBernese arms [5]Renaissance humanismtheocracy monarchy autocracy republic [8]

10 JUSTICE IN AMERICA EQUALITY OF JUSTICE? THIS IS A UNIQUELY AMERICAN IDEA THAT HAS ‘TRIED’ TO SHAPE THE WORLD FOR TWO HUNDRED YEARS “We hold these truths to be self-evident, that all men are created equal.....” Regardless of one’s background or status, all are entitled to the same process and standards of law

11 EQUALITY OF ACCESS TO JUSTICE WHAT “RIGHTS” IF ACCUSED OF VIOLATING A LAW ARE YOU ENTITLED TO? 4 TH AMENDMENT 5 TH AMENDMENT 6 TH AMENDMENT 7 TH AMENDMENT 8 TH AMENDMENT

12 JUSTICE IN AMERICA EQUALITY OF OUTCOMES ? From history: use of military force to balance between sides or effect outcome; Denial of benefits of laws because race gender economic status

13 The 4 th, 5 th, 6 th and 8 th Amendments Amendment IV The right of the people to be 1] secure in their persons, houses, papers,and effects, 2] against unreasonable searches and seizures, shall not be violated, and 3] no warrants shall issue, but upon probable cause, A] supported by oath or affirmation, B] particularly describing the place to be searched, and the persons or things to be seized.

14 The 4 th, 5 th, 6 th and 8 th Amendments Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb [double jeopardy]; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

15 The 4 th, 5 th, 6 th and 8 th Amendments Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have a compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

16 The 4 th, 5 th, 6 th and 8 th Amendments Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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