The Theory of Justice Analysis, to talk about theory of justice you need to know what crime analysis is to ensure that the current justice analysis is in place accordingly. Crime analysis is an emerging field in law enforcement; it makes it hard or difficult to determine the focus for the agencies for criminal analysis that are new to this particular field. It is an act to analyze crime; it’s the breaking point where acts committed in violation of law. Crime Analysis is a set of systematic, analytical process directed at providing timely and pertinent information relative to crime patterns and trends. The theory of justice analysis is where philosophy and ethics comes into play to deal with fairness. With this paper I will attempt to explain to you what are some of the principles of justice theories how the principles of these theories differ from traditional utilitarianism, how justice is defined by modern criminal justice agencies and other entities, and how this differ from security (Osborne & Weinicke).
Principles of Justice Theories
Rawl talked about the principles of justice and wanted us to keep in mind that these principles of justice that he argued to persuade us to keep in mind that these principles of justice that he argued to persuade us derives from the original positions hypothetical and ahistorical. It is hypothetical because of what the people would have agreed to and not what they have already agreed on. Its ahistorical because the agreement cannot be proved that has or will ever actually be entered into by agreement. In the first principle of justice, every person is to have an equal right to the most extensive scheme of equal basic liberties. The liberties are speaking, voting, run for political offices, freedom of speech and assembly, conscience, personal property and freedom from arbitrary arrest. It is more or less absolute and may not be isolated.
Because there may be conflicts with the basic liberties, it might be necessary to trade them to obtain the largest system of rights. It is uncertain to what is mandated by the principle and a multiple set of liberties that satisfy the requirements. The second principle of justice that includes social and economic inequalities, it focus primarily on the goods, the things that people who are rational wants, things they want regardless of his/her life plans. Things such as social goods, ones that gives them rights, liberties, opportunities, income, wealth and self-respect, the second primary goods is natural goods. The goods of health, intelligence and imagination, also known as the difference principle; the difference principles compare preferences only with respect to overall states of affairs.
The difference between the principles and utilitarianism is that the second principle only recognizes the theory of good and right, whereas utilitarianism is both. Utilitarian is a framework for morality, law and politics. Theory of Utilitarianism of good and right, the theory of good is welfarist, whatever yields the greatest utility and the greatest values with a list of objectives also gives reference to pleasure and preferences of satisfaction. The theory of rights, consequentialest, yields the greatest net utility and the moral sensitivity to others. Utilitarianism also deals with the negatives. It requires one to promote the least amount where most utilitarianism theories deal with the greatest amount of goods for the greatest number. The least amount is that of evil or harm.
However, the principle of the utilitarianism made quick decisions or made suggestions that the main aim of the negative utilitarianism was to cause or give rise to the quickest and least painful method of killing the entity of humanity. The preference satisfaction may include concepts such or reputation rather than pure hedonism. The utilitarianism principle is the action which is right from an ethical point, if the sum total of utilities and only if produced by that which is greater than the sum total of utilities produced by other agents. The utilitarianism is thought to be the final analysis became only one of the actions are right. The one that benefits are the greatest compared to all others. Traditional utilitarianism has been known to have the advantage of being able to explain why certain types of activities are wrong. Activities such as lying adultery, killing, and stealing, while others are right like telling the truth but it do deny the fact that things are always right or wrong.
Justice by Criminal Justice Agencies
Criminal justice agencies are whose structure and function rest in the three branches of government. They are divided into three components agencies: law enforcements agencies, investigate crimes and apprehends the suspects, the court system, where charges are place against the offenders, indictments are charged, trials are conducted and sentences are handled; the correctional system that are designed to incapacities convicted offenders and attempt to aid them in their rehabilitation and treatments. Law Enforcement, when a crime is committed, the police will be the first to respond to the scene to process the crime. It begins with the officers investigating the crime and finding probable cause to arrest a person for that crime. Once they have establish probable cause for the arrest of the person or persons who committed the crime then the offenders will be taken into custody until going before the court for a bond hearing. The court system will be the next step in the justice system process.
A judge or a jury is responsible for hearing the facts presented in the case from both the prosecution and the defense during the trial phase. During this time the judge and jury will decide a verdict of guilty or not guilty. Corrections, when the person has been found guilty and has been sentence issued or handed down the judge will give the appropriate sentencing to the offender. The place where the offender will service his/her time for the crime is prison or jail for the penalty phase. It can stem from various degrees, but not without monetary fines attached. There may even be capital punishment also as part of the punishment. Security is not as complex when it comes to the degrees of punishment.
It is mostly just securing areas of interest, facilities and even people but do not have as much pull as the justice system and its agencies. The theory of justice analysis analyzes crime as it happens using the best and greatest principles to resolve all cases. It sets a systematic and analytical process that is directed toward providing timely and pertinent information that relates to trends and crime patterns. This is done by use of philosophy and ethics. It defines the modern criminal justice agencies and how it differs from security. Finally, how the principles of this theory differ from the traditional utilitarianism.
Torres, Senobia, eHow Contributor. What is the Definition of Criminal Justice? http://www.ehow.com/about_5480427_definition-criminal-justice.html. Osborne, Deborah A., Weinicke, Susan C., Introduction to Crime Analysis. Basic Resources For Criminal Justice Practice pp. 1, 40. The Haworth Press, Inc. ©2003. A Theory of Justice. http://en.wikipedia.org.
Utilitarianism. http://www.wordig.com/definition/utilitarianism. Criminal Justice System – Structural and Theoretical Components of Criminal Justice. http://jrank.org/pages/858/Criminal-Justice-System.html. Engels, Rolf, VA DCJS – Crime Analysis. http://www.dcjs.virginia.gov/cple/cpc/crimeAnalysis.cfm.