Chapter 30 - Law and Justice Flashcards
Categories of justice
-Distributive Justice
-Social Justice
-Formal or Procedural Justice
-Substantive Justice
-Corrective Justice
Distributive Justice
Concerns the fair allocation of resources, Including Anti-discrimination laws, minimum wage and redistribution of wealth.
Distributive Justice - Aristotle
Aristotle:
A just state will distribute its wealth on the basis of merit, giving to each according to his virtue and to contribution to society
-This is a proportionate system where the worthiest, rather than the neediest, receive the greatest share.
-argued that to allocate wealth based on need is unfair on those who deserve
Distributive Justice - Saint Thomas Aquinas
-Distributive justice concerns the fair allocation of goods and responsibilities throughout the community
-Governed by the principle of due proportion
-People revise what they are due in accordance to merit, rank and need
-It would be wrong to pay workers and equal amount for unequal work
Distributive justice - Karl Marx
-Each will maximise their contribution to the common wealth by making full use of their abilities
-Each will receive according to their need, irrespective of the personal contribution that have made to the production process.
Social Justice
Offer everyone equal rights and opportunities in order to realise our potential in the society we live in
Department for work and pensions published - ‘social justice Is about making society function better, providing the support and tools to help turn lives around’
Social Justice - Join Rawls
-Published A theory of justice in 1971, which set out the concept of social justice
-Argued that everyone should distribute its resources in an disinterested manner, this society would then:
1. Everyone would have equal rights and opportunities, allowing them the freedom to property, speech, association.
2. Social and economical inequalities may exist, but only
-Where they benefit least advantaged members of society and
-All offices and positives are open to everyone
Social Justice - Robert Nozick
Published Anarchy, state and utopia in 1974, proposed three theories
1. Justice in acquisition - how property is initially acquired
2. Justice in transfer - How property can change hands
3. Rectification of injustice - Injustices arising from the acquisition or transfer of property.
In practice means:
-Legally, in accordance with the principles of acquisition or transfer: they are entitled to keep that property
-By fraud or theft or other unjust means: the third principle provides a remedy
Formal procedural justice
Procedural justice is concern with the making and implementing decisions according to fair processes
Legal Aid
-Everyone has a right to access justice, receive a fair hearing, and understand their legal rights and obligations
-An effective and unbiased police system should be in place
-A court structure should install confidence to the public that the outcomes will be justice and appeals with result in the correct decisions
-Everyone in the justice system should be impartial, including police, magistrates , judges and juries
Legal aid effect on society
Justice secretary ken clark said ‘I genuinely believe access to justice is the hallmark of a civilised society’
-effects of changes in LASPO 2012 act have reduced availability of legal aid
-If this sent available, then a person will not have the right to a fair trial. Protected under article 6 ECHR
The criminal Process
-Trial by jury enables members of jury to use their views rather than adhere strictly to the rules of law. Ponting (1985)
evidence of previous convictions is not generally admissible.
-Illegally obtained evidence may be admissible. Jefferey v Black
-This may seem at firs to be unjust, however can be seen to be justified if the illegal method to obtain evidence is significant
-In general justice is served by the criminal process, but individual cases sometimes expose a lack of justice that is not always remedied at a later date.
Appeals in Criminal Cases
-Magistrates court, D may appeal against conviction or sentence
-Under Criminal Justice Act 1998, prosecution can appeal against unduly lenient sentences
-Convicted criminals may not appeal sentence in fear of being awarded a more serious sentence
-Under criminal justice act 1972, Ag may appeal on point of law to the COA where they wish to question judges direction
-Appeals with respect to substantive law are always seen to be achieving justice, but not necessarily for those who have been convicted under an ‘old law’.
-In the interests of justice, todays sentencing guidelines are not applicable to offences committed before new guidelines come into force
Miscarriages of justice in criminal cases
-People have served time for crimes they did not commit
-Famous case is the Birmingham six and Guildford four
-Criminal Cases Review Commission, review cases of those it feels have been convicted wrongly of criminal case, or unfairly sentenced.
-CCRC does not consider a defendant guilty or not guilty, however may cast doubt on the safety of an original decisions
Comfort of justice in the miscarriage of criminal cases
-systems are in place to Bring miscarriages of justice to the attention of the appeal courts, even if I some cases, a long time can laps before the miscarriage is put right.
-However, other than rectifying the decision, compensation is unlikely, lack of funding in this area.
