1.1 The Evolving System of Justice
Kadence C. Maier and Wesley B. Maier, PhD
Concepts of crime control and punishment have deep historical roots. Some of the oldest known documents on record established foundational rules to maintain a specific society’s operations and structure. While these concepts continue to evolve, they were just as vital in early civilizations as they are in the modern world. Criminal justice is an academic field that delves into the study of crime control, punishment, law, and other related concepts. This relatively new field is inherently multidisciplinary, incorporating theories and concepts from neighboring fields, such as anthropology, sociology, psychology, political science, and criminology (Bernard & Engel, 2001). This chapter will introduce the essential elements within the field of criminal justice as a framework to build upon as you develop your understanding of this field of study.
Society and Its Shifting Norms
Each society has its own unique set of agreed-upon social norms whose origins have evolved over time to meet the changing needs of its citizens. These norms encompass various aspects of social behavior, from defining moral wrongs and antisocial acts to social order maintenance within the society. These concepts are an essential part of the system of social control, consisting of both formal sanctions and informal sanctions to dissuade undesirable actions and behaviors.
Adapting to an Ever-Changing Society
Society is in a constant state of evolution, driven by both technological advancements and shifts in social dynamics. As society’s needs transform, it becomes imperative that new methods of crime control that can effectively address these evolving demands be developed. Striking a balance between tradition and innovation is crucial to implement constructive changes that can enhance society.
The Challenge of Pluralism
In a dynamic society, one that is constantly changing, the methods of formal social control must also evolve. Adapting to these changes is vital to ensure that the justice system remains effective. This necessitates addressing a wide range of social issues and considering the needs of various communities, particularly minorities, and tackling issues related to race and ethnicity. A pluralist society faces a complex array of challenges and opportunities as it seeks to balance tradition with innovation to create a more just and equitable society.
Function of the Criminal Justice System
Criminal justice serves a multitude of crucial functions within society, and it plays a pivotal role in maintaining social order, ensuring community safety, restoring public confidence, handling conflict resolution, and administering justice in various forms. This intricate framework is designed to maintain the delicate equilibrium between safeguarding individual rights and preserving public order, making it a dynamic and multifaceted system dedicated to upholding the principles of fairness, safety, and equality within society.
At its core, the criminal justice system is committed to maintaining social order by interpreting and enforcing laws. These laws regulate behavior, prevent chaos, increase community safety, and provide a structured framework for a more predictable and orderly society. The criminal justice system offers a structured process for resolving conflicts and disputes by providing a forum for parties to seek justice when they believe they have been wronged.
The system is instrumental in preserving community safety by identifying and detaining individuals who pose a threat so that society is shielded from potential harm and danger. By enforcing laws and regulations, the criminal justice system ensures that society functions in an organized and predictable manner while safeguarding the well-being and security of the community.
An effective criminal justice system is critical in building and maintaining public confidence. When individuals perceive the system as fair and just, they are more likely to trust in the rule of law and participate actively in society. Ideally, the criminal justice system addresses systemic issues, such as discrimination and bias, through policy reform and changes in practice aimed at reducing disparities and promoting greater equity, which in turn contribute to the advancement of public confidence.
Justice, a central pillar of the criminal justice system, encompasses several dimensions. Social justice promotes equality before the law and the protection of society, while civil justice seeks to free individuals from fear and discrimination. Individual justice focuses on safeguarding personal liberties, human dignity, and the right to due process.
Punishment and rehabilitation are other key functions of the criminal justice system. In general, punishment provides a sense of justice for victims and society, ensuring that those who break the law incur appropriate consequences, while rehabilitation involves support services for offenders to facilitate reintegration into society as law-abiding citizens. This focus on rehabilitation is particularly important when dealing with issues like addiction and mental health.
The multifaceted nature of the criminal justice system involves a careful balance between individual rights and public order. It protects the rights and freedoms of individuals, ensuring fair and just treatment regardless of background or circumstances. This includes safeguarding the rights of the accused, such as the right to a fair trial and legal representation. Individual rights advocates emphasize the importance of guaranteeing justice for each person by recognizing personal liberty, human dignity, and the right to due process. Conversely, public order advocates stress the significance of social justice, equality before the law, freedom from fear, and the broader protection of society.
Attributions
- Figure 1.2: La Justice et la Vengeance divine poursuivant le Crime, by Pierre-Paul Prud’hon is released under ARR(c); Terms of use: “Photographs credited © RMN, Musée du Louvre / […] are the property of the RMN. Non-commercial re-use is authorized, provided the source and author are acknowledged.”
Please look for related terms in the Glossary
The imposition of penalties and/or consequence upon an individual who has committed a crime, typically intended to serve as a deterrent, retribution, or rehabilitation measure within the criminal justice system.
Generally accepted rules and social expectations specific to a particular group or society that guide and regulate behavior and ways of doing within a society or group, dictating appropriate actions, values, and beliefs in various situations.
The efforts and strategies employed by law enforcement authorities that serves to ensure a general sense of public order, prevent social disturances, promote community safety and quality of life, as well as enforce societal rules and norms.
The mechanisms, strategies, and institutions within a society utilized by governing authorities to regulate and manage individual behavior, social order, conformity, and stablity within the community, as well as to maintain societal norms, values, and expectations.
An officially authorized penalty or consequence imposed by the legal system or governing authority in response to a violation of established rules, laws, or regulations.
Unofficial penalties or consequences imposed by social groups, communities, or individuals in response to behaviors that violate social norms or expectations, often without involvement from formal legal or institutional authorities.
A term referring to a group of people who are in a numerical minority within a larger population, often characterized by certain shared characteristics such as race, ethnicity, religion, or socioeconomic status.
A social construct used to categorize people based on physical characteristics such as skin color, facial features, and hair texture. This classification system has historically been employed to delineate groups of individuals, often leading to discrimination and unequal treatment based on perceived differences. It is important to recognize that race is not biologically determined but rather a product of societal norms and perceptions.
Distinctive, distinguishing characteristics specific to a group of people who identify with one another based on perceived shared attributes such as common language, values, systems of belief, rituals, traidition, music, food, art, styles, a common ancestry, or same nations of origin.
The unjust or prejudicial treatment of individuals or groups based on certain characteristics such as race, gender, age, religion, or nationality. This treatment can manifest in various forms, including but not limited to unequal opportunities, harassment, exclusion, or violence, and may occur in different settings such as employment, education, housing, or public services. Discrimination violates principles of fairness, equality, and human rights, and is often illegal under anti-discrimination laws.
An inclination or temperament or outlook towards a particular perspective, idea, or outcome, often influencing decision-making and judgement, which leads to a disproportionate weight in favor against an idea, thing, or group in a manner that is unfair or prejudiced.
The principle of fairness and impartiality in the administration of laws and regulations, ensuring that individuals receive what is rightfully due to them in accordance with legal and moral standards.
The principle of fair and equitable rights, opportunities, treatment, and distribution of essential resources among all members of society, regardless of their background, identity, or socioeconomic status, aiming to address systemic inequalities and promote inclusivity for all individuals and groups, particularly those marginalized or disadvantaged, encompassing the principles of fairness, equality, and inclusion, as well as rights for human dignity within communities and institutions.
The legal process that resolves disputes between individuals or organizations regarding matters such as contracts, property rights, personal injury claims, and family matters through non-criminal court proceedings.
The fair treatment of each person within the legal system, ensuring that their rights are respected, and their case is handled impartially and equitably.
A principle of punishment within the criminal justice system that emphasizes the goal of reforming offenders through various programs and interventions aimed at addressing the underlying causes of criminal behavior. The rehabilitation philosophy seeks to provide offenders with opportunities for personal growth, education, vocational training, counseling, and treatment for substance abuse or mental health issues, with the ultimate aim of reducing recidivism and promoting successful reintegration into society.
The fundamental liberties and privileges afforded to every person within a society, typically guaranteed by law, constitution, or social convention. In the U.S.A, these rights include but are not limited to freedoms of expression, religion, assembly, and due process under the law.
