The Ethical ideas of distributive and procedural justice

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Introduction

Justice is believed to have originated from Latin. Justice is a concept based on moral rights, specifically ethics, rationality, religion, equity, and fairness. Justice takes account of all the rights of people to equal protection before the law. In traditional terms, the concept of justice is giving a person what they deserve. Distributive justice refers to the perceived fairness of an allocation or, more broadly, to how people judge what they receive. Distributive justice implies that the state should divide or distribute goods and wealth among citizens according to merit. Distributive justice believes in the proper and proportionate allocation of offices, honors, goods, and services as per their requirement to be a state citizen. In today’s terms, justice is the doctrine that people get what they owe, with the perception of what is deserved influenced by ethics.

Explain Aristotle’s ethical ideas of distributive and procedural justice

Aristotle viewed the policy as the most potent form of law to prevent a revolution. Justice concerns the just distribution of political offices and the honor citizens achieve by exercising them. Aristotle believed that the allocation of offices should be for the virtuous owing to their highest contributions to society. Aristotle’s idea is that everyone gets allotted equal shares in proportion to their unequal worth or merit. The distribution of public goods to citizens should be according to geometric equality. Equals should get equal shares, and unequal should get unequal shares. Aristotle believes that political offices should be distributed according to freedom, wealth, noble birth, and virtue.

Aristotle’s ideas view procedural justice focuses on how the police and legal bodies interact with the public. It focuses on the shape and the public’s view of the legal bodies and police. Aristotle’s view of procedural justice is that how the public views the police is concerned with how social groups (including governments, private institutions, and families) institutionalize the application of requirements of corrective and distributive justice to particular cases.

Compare substantive justice and procedural justice, including how procedural justice impacts wrongful convictions and moral perceptions of racial discrimination, such as the Central Park Five and the story of Brian Banks, a former football star.

Substantive justice is the justice administered according to the rules of law, whereas procedural justice is the just and fair process that brings this outcome. These outcomes depend upon the applicable function of the law. Procedural law is a set of rules which courts use to determine the outcome of all criminal, civil and administrative cases. In contrast, substantive justice describes how people are expected to behave according to accepted social norms.

Procedural justice often leads to wrongful convictions and judgments by legal authorities. The legal bodies led to the wrongful conviction of the Central Park Five. The Central Park Five tells how five African Americans were wrongfully convicted of raping a white woman in 1989. The Central Park Five story highlights the systemic racism in the administration of justice. The accused were forced to confess to crimes they did not commit. The Central Five conviction came when anticrime laws were harsh to minority groups. The New York police department had imposed anticrime laws that were aimed at the rising cases of crime in the city. The anticrime laws were aggressive and gave the police more power to reduce crimes. As such, most arrests were biased, unjust, and lacked evidence. The arrests during the period led to many wrongful sentences in prisons for not being committed. The period showcased how procedural justice was faulty and undermined the legal system.

The negligence of the criminal justice was evident in Brian Banks’ case. The football star Brian Banks was falsely accused and convicted of rape and kidnapping charges of his classmate. The criminal justice agencies failed in Brian Banks’s case since the investigation team prosecuted the accused without proper evidence. Brian Banks was released from jail after the actual perpetrator contacted Brian and confessed to raping and kidnapping the victim. The football star’s case shows how the criminal justice system is biased towards high profiled people, especially athletes. Furthermore, Brian Bank’s case showed how there is systemic racism in the criminal justice agencies.

Explain how you understand justice as defined by today’s modern criminal justice agencies. Include reasoning and examples in your explanation to support your opinion.

The modern criminal justice is reformed. The modern criminal justice agencies perceive justice as fair treatment dependent on the interpretation of evidence, information, and technology. The criminal agencies have diversified into three different bodies to practice justice. The three bodies are law enforcement, corrections, and courts. The criminal agencies are different and individualistic but work together to administer justice. The criminal agencies have complex procedures and judgment guiding reasoning for delivering justice.

The Italian case highlights how the criminal justice system has reformed through technology in serving justice. The Italian case involves a therapist implanted false memories of sexual abuse in a girl. From therapy treatment sessions, it suggests that the girl was abused and therefore was traumatized. The therapist put highly suggestive questions suggesting that the father abused the girl. The girl became more convinced and started having memories of her father abusing her. However, EMDR scans the criminal agencies conducted showed the memories of abuse were false and implanted. The therapist was found guilty of falsifying and being unethical. The Italian case showed the advancement the criminal justice agencies have made.

Conclusion

The criminal justice agencies have drastically changed through the years. The systematic racism and unfair and unjust treatments of the criminal justice agencies have reduced due to pressure from the citizens. The use of technology has also shifted the perception, interpretation, and ruling of criminal cases. The criminal justices are more evidence-based in their procedural laws. However, justice in the criminal courts is still racially biased, with white races having more supremacy.

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