The Relationship between the Law and Justice

Abstract

This research paper addresses common reasons given by criminal justice officials for studying ethics. The reason I selected as the most important is the second on the bulleted list. Under this reason, criminal justice professionals indicate that they study ethics in order to ensure equity, fairness, and equality in the criminal justice system. This second reason also involves questioning both applicable laws and the process of criminal procedure. The current status informs my selection of this reason for the criminal justice system in America. Due to an overload, the system is broken, and an overwhelming majority of defendants cannot access justice through a jury of their peers. As the research paper reflects, working under a broken system places an inordinate burden on professionals. The study of ethics enables these professionals to bear this burden and ensure the ends of justice.

Introduction 

Lady Justice is often depicted as blind, and this might be a significant problem in the criminal justice system. Among the plausible solutions to this problem is having criminal justice professionals who can see. Sight in this context refers to ethics, which makes the second reason people give for studying ethics to be the most important. Ethics in this scenario takes the meaning of the capacity for moral reasoning in determining between right and wrong or good and evil. Under the reason, the said professionals should understand criminal justice in order to question the process and ensure equity (Banks, 2018; Cooper & Christens, 2019). The criminal justice system in America is currently broken almost irretrievably. The basic idea of a jury made up of one’s peers is practically inexistent. Further, the overall system is so overloaded as to be dysfunctional. Finally, the US populace is among the most diverse in the world, both culturally and economically (Crespo, 2018). Despite the issues raised above, criminal justice laws apply the same measure to all defendants and related parties. The human component of the system has to factor in the secondary issues and make substantive decisions. As this research paper reveals, to carry the burden of being the human component of the criminal justice system, all criminal justice professionals, more so the prosecutors should study ethics.

Overview of Reason Two 

Reason two given by professionals in the criminal justice professionals for studying ethics is one of the most extended, most complex, and perhaps most controversial. It begins with creating the ability to questions things about business and politics that most people do not question. This segment deals with thinking outside the box, including questioning why the criminal justice process exists at all (Banks, 2018). Secondly, ethics encourages professionals to challenge the criminal justice system. Through this questioning, the professionals act as the eyes of Lady Justice to ensure that the system is fair to all. This segment also deals with the issue of equity, which involves fairness and impartiality, as opposed to merely treating everyone in the same way. The criminal justice system includes people on the one hand and criminal activities on the other. Both people and criminal activities are variable factors. For example, a person who shoplifts liqueur and another who shoplifts milk formula for a child are both shoplifters in the eyes of the law. However, both the individuals and their respective criminal activities differ exponentially. Ethics enables the professional to understand these differences and act accordingly. Further, as per this reason, ethics enables professionals to understand the intricacies of crime and the purpose of punishment (Banks, 2018). This understanding allows for professionals to treat every scenario involving criminal justice appropriately. Finally, these second reason also consists of the issue of equal opportunity on the one hand, and safety and fairness in the workplace on the other.

Questioning the System 

Using ethics to challenge the criminal justice system is essential since the system as it stands is broken, but even if it were not broken, it would still be flawed. For a start, assuming the criminal justice system was not broken as it is currently, it would still be ineffective as it treats all people equally. The concept of equity stems from the understanding that treating people equally is not always fair (Cooper & Christens, 2019). Americans vary exponentially from one another, among other things, due to social stratifications. Some people found themselves in situations where even with their best efforts, they will remain in the same economically social stratum. Therefore, even at its best, a system that follows the law to the letter would still be flawed. However, the American system is not at its best or even at a functional level (Crespo, 2018). The criminal justice system is supposed to give each defendant a chance of a speedy trial through a jury of peers. Currently, the system is overloaded and dysfunctional. It has become easier for defendants to take plea bargains that, in many cases, involve them accepting liability for crimes they did not commit. Working for the current criminal justice system places an inordinate burden on the professionals involved (Banks, 2018). Studying ethics would enable them to carry this burden reasonably and to the interest of justice.

The Relationship between the Law and Justice 

Strict adherence to the law does not always culminate in the ends of justice. Hence criminal justice professionals should use ethics to question the relationship between law and justice. The concept of justice in this context refers to moral rightness for all the parties involved in the criminal justice process. Usually, there are three main parties involved in a criminal case. The first is the defendant, who is the primary focus of the case. The second is the complainant, who is the victim of the crime while the third is the community. Decisions made in the criminal case affect all three parties in a variety of ways (Crespo, 2018). Justice, in this context, means the ability to balance the interests of all three parties and get the right outcome. The broken justice system places the hefty obligation of determining the progress, and in many cases, the conclusions of criminal cases on criminal justice professionals. An understanding of ethics will enable them to make the right moral decisions on which legal provisions lead the justice or injustice in specific circumstances (Banks, 2018).

The Role and Limits of Punishment 

Punishment is a common outcome in the criminal justice system, and the study of ethics enables professionals to assess the role and limits of punishment correctly. Both criminal activities and the individual involved in them vary in ways that the letter of the law cannot appreciate due to its rigidity. Some people may be more deserving of punishment than others for the same crimes (Crespo, 2018). Similarly, some legal penalties end up affecting innocent third parties more than the guilty parties. For example, the incarceration of a woman who is about to deliver might result in the child growing up in the system, although the woman leaves prison soon after. In this scenario, the letter of the law visits the punishment on the wrong party. Further, some forms of punishment can have a rehabilitative impact, while others can adversely affect the offender and the community. Some types of punishment can also play the role of restitution and reconciliation, more so in crimes that involve members of the same community. Ethics enables the moral reasoning necessary to make determinations between the complex issues relating to crime and punishment (Banks, 2018).

Conclusion 

The research and analysis above justify selecting the second reason for studying ethics by criminal justice professionals above the other eleven reasons. A role in the current criminal justice system involves regularly making complex decisions about sensitive issues. Ordinarily, the criminal justice system should be advanced enough to address these issues, but the American criminal justice system is not. To supplement the order and ensure the ends of justice, professionals have to make difficult decisions with time being a factor. Studying ethics gives these professionals the capacity for moral reasoning that leads to making the right choices. Where the letter of the law leads to a manifest injustice, the professionals play a mitigating role to ensure fairness and equity. Where the system is overloaded and cannot allow for trials, the professionals will handle complex issues such as plea bargains in ways that meet the ends of justice. To be ethical criminal justice professionals, it is necessary to become the eyes that te proverbial Lady Justice lacks.

References

Banks, C. (2018).  Criminal justice ethics: Theory and practice . Sage Publications.

Cooper, D. G., & Christens, B. D. (2019). Justice system reform for health equity: a mixed methods examination of collaborating for equity and justice principles in a grassroots organizing coalition.  Health Education & Behavior ,  46 (1_suppl), 62S-70S.

Crespo, A. M. (2018). The Hidden Law of Plea Bargaining.  Columbia Law Review ,  118 (5), 1303-1424.