Purpose of Justice
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What is the Purpose of Justice?
That all legal judgements will be made without discrimination.
Will repair the wrong that has been done and console those that have been injured.
The decision will restore peace and avoid repetition any wrongdoing.
Does our justice system follow these principles? Victims right groups would suggest no.
Some say justice is titled in the favour of the accused and others believe it sides with the rich and powerful.
Also point out that there is a higher % of convictions for visible minorities.
What is the Relationship of Justice to Criminal Law?
RETRIBUTIVE JUSTICE: human passion for vengeance, the “eye for an eye” concept in which people believe the punishment should fit the crime.
The press usually advocated such justice.
RESTORATIVE JUSTICE: people advocate the offender restores justice by recognizing, accepting and taking real responsibility for their actions.
HEALING JUSTICE: Aboriginal concept that the current justice system has failed them and that it is better to rely on reconciliation and harmony rather than punishment.
How has Justice changed in Canada?
Victims are now playing a bigger role in determining justice; victim impact statements, attending parole hearings, giving finical assistance and counselling.
The charter ensures that law enforcement acts within the principles of fundamental justice and does not deprive the accused individual of their rights.
Led to better crime investigation tools, such as DNA analysis and better trained detectives in order to reduce the incidences of wrongfully accused people.
Miscarriage of Justice
Debate on equity and fairness in our society.
Though choices: should a pedophile that completes their sentence be forced to register with the police upon release, or does this violate their rights to liberty and security under the Charter? Should someone who kills three people while driving home drunk receive the same sentence as a mass murderer? Should a person suspected of terrorist activities be detained without bail?