Ethical Dilemmas & Decisons In Criminal Justice POLLOCK EDITION 7

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CHAPTER 3 VOCABULARY

Justice

The wuality of being impartial, fair and just from the latin "jus" concerning rules of law Justice originated in the greek word dike, which is associated with the concept of verything staying in its assigned place or natural role. This idea is closely associated with the definitons of justice given by plato and aristotle.

Rectificatory Justice or Commutative Justice

concerns buisness deals where unfair adavantage or undeserved harm has occured. Justice demands remedies or compenstation to the injured party.

Distributive Justice

concerns what measurement should be used to allocate society's resources. Aristotle believed in the idea proptionality along with equality.

Veil of Ignorance

Rawls idea that people will develop fair principles of distribution only if they are ignorant of their position in society, so in oder to get objective judgements the decison maker must not know how the decision would affect him or her.

Substantive Justice

concerns just desrts- in other words the appropiate smount ofpunishment for a crime involves the concept of just deserts or how one determines fair punishment for a particular offense.

Procedural Justice

The componet of justice that concerns the steps taken to reach a determination of guilt punishment or other conclusion of law concerns the steps we must take before administering punishment.

Retributive Justice

The compnent of justice that concerns the determination and methods of punishment. is one of balance. The criminal must suffer pain or loss proportional to what the victim was forced to suffer.

Lex Talionas

A venegance orientated justice concerned with equal retaliation "an eye for a eyea tooth for a tooth"

Lex Salica

A form of justice that allows compensation the harm can be repaired by payment or atonement.

Sanctuary

ancient right based on church power allowed a person respite from punishment as long as he or she was within the confines of church grounds.

Utilitarian Justice

The type of justice that looks to the greatest good for all as the end. The goal of utilitarian justice is to benefit society by administering punishment to deter offenders from future crime

Hedonistic Calculus

Jeremy Brenthams rational for calculating the potential rewards of a crime so the amount of threatend pain could be set to deter people from commiting that crime.

Due process

constitutionally mandated procedural steps designed to eliminate error in any govermental deprivation of protected liberty life or property. The sequence of steps taken by the state that is designed to elimante or at least minimize error. Procedual protections include -- notice of charges , neutral hearing body, right of cross examination, right to present evidence, representation by counsel , stament f findings, appeal.
Unjust laws have the following characteristics --- They are degrading to humans -- They are discriminatoryy against certain groups-- They are enacted by unrepresentive authorities.--They are unjustly applied .

Civil Disobedience

vouluntarily breaking established laws based on one's moral beliefs

Restorative Justice

an approach to corrective justice that focouses on meeting the needs of all concerned.

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