Pursuing Justice 1-7

What was justice like under the Hammurabi Code?

rigid, uncompromising, &absolute

ex: building collapses and someone dies -> builder's fault and he's sentenced to death

What was justice like under the early stages of the old testament?

They were theocratic-meaning God's reaction being sweift and uncompromising. (Adam & Eve's punishment was banishment from Garden of Eden...harsher than the appearance of jesus in the new testament)

What is lex talionis?

an eye for an eye

What is the goal of the Qur'an?

to establish ethical & egalitarian society

The main goal is to prevent people from corrupting the earth by falling into decadent ways.

What are some of the main differences between Sunni and Shiite Muslims?

Shiite-10-15%-Believe ruling of nation is theocratic (religion based) ruler is infallable etc

Sunni-85-90%-Believe govt. is secular, rulers come and go based on the will of people.

What do Buddhist's believe about human suffering?

They believe it is natural & caused by one's own actions in this life & previous ones. In this sense, justice is a cosmic phenomenon & society has little to do with it.

For Buddhist's, What is involved in leading a just life?

The Good or Just life = middle path
avoid extremes
do not purse worldly things nor be ascetic

For Reinhold Neibur, What principles must be addressed achieve justice?

Freedom & Equality

Freedom-if left alone can harm poor.
Equality- Niebuhr's highest standard of justice

What do followers of liberation theology believe & in what part of the world is it most prevalent?

They believe the church does not address the issue of justice strongly enough

They believe God chose to be poor and live and teach to the poor and that capitalism is unjust.

Most prevalent in Latin America

In early philosophy, how was justice defined (such as in Homer's Iliad)?

Justice at first meant vengeance/revenge & was solved by law. It offered compromise

Plato said it should be corrective not punitive.

What is distributive justice?

"what people deserve"
equality(proportionality = important)
Good judgment sense of fairness.

What is rectificatory justice?

Has to do with exhange relationships

2 men of different social status commit same crime -> equal treatment

restore equilibrium by taking away from the crook & restoring the victim.

In simple terms, what is the idea behind mill's idea of Utilitarianism?

the ends justifies the means

What is the basic principle underlying John Rawls's notion of justice?

fairness

"only principles that everyone can publicly accept can serve the purpose of giving us a fair distribution of goods & privelages & this leads to JUSTICE.

What was the divine right of kings?

The king was thought to act under the guidance of God, and as a representative of God. The monarch had considerable leeway to draw the lines of justice

Challenge King=Challenge God.

IN his book, The prince Machiavelli outlines his views of justice & the state. What are his views on rulers & the people being ruled?

Ruler should be honest&just, but deal w/world as it is, not as it should be.

The people are devious, gullable, corrupt& greedy- they must be treated accordingly

Being feared by citizens is better than being loved. The state& its ruler are more important than those who make up the state.

What was Hobbe's view of the social contract, as outlined in his book Levithan?

a social contract is needed to protect humans from themselves. To ensure liberty & trankquility-humans must give up total liberty. Justice results when people carry out agreements made by its members.

According to John Locke. What is the function or purpose of government?

the purpose is to protect man's property & the fruits of his labor

What is natural law?

Natural law-system of rules and principles of human conduct independent of enacted law or of system's particular to 1 people. These laws pre-existed humans. Fixed, unchangeable, could be discovered by rational intelligence

What is Positivism?

Laws come from those w/power not transcendental. Laws change as those in power change.

What is Sociological Jurisprudence?

Changing conditions altered the law no matter who was in power evolving societies= changed law

ex: women voting; ending slavery

What is the difference between libertarians & egalitarians?

Libertarians-place highest values on liberty even at the expense of equality. They want only equality of opportunity when it comes to equality.

Egalitarians-equality of conditions-supreme value & they will infringe on libery to achieve it.They think if freedom is unrestrained that inequality of conditions will result.

How is modern war different from wars of the distant past?

Many nations have done away w/mercenaries&professional soldiers. More ordinary citizens had interest and joined

Total war became common-land&lives of non-combatants were swept up in destruction.

What does the just war doctrine say about preventative war, prisoners of war, & the treatment of the defeated after war has ended?

Preventative war-going to war to prevent a future aggressor is wrong

Pow's- proper P.O.W. camps&appropriate humane care needed to be established.

Treatment of defeated-no small consequence, forgiveness not easy to obtain.

What is the difference b/w the crime control & due process models of criminal justice?

Crime control focuses on punishment and retribution

Due process- focuses on individual liberties, individuals rights, and undermining the system

What are the utilitarian & retributivism justifications for punishment?

Utilitarianism- society should determine amount of punishment based upone a cost/benefit analysis of suffering vs. social gains.

Retributivism- guilty of a crime- should be punished b/c you deserve it. Determine punishment based on amount of good it would do to society. Punishment appropriate to severity.

What is the focus of social justice?

Fairness& equality of oppurtunity for classes of people, rather than focusing on justice due to the individuals.

What is the difference between positive & negative rights?

Negative rights= citizens protected from government(bill of rights). Guarantee individ. freedom from coercian.

Positve rights= people have rights to food, clothes, housing, med care, education. These are not protections but statements of entitlement. Human rights are a minimal requirement for full participation in the community with dignity.

What were Adam Smith's views on economic justice?`

Justice is a desire not to harm others, a desire for approval from others, and above all a useful way to make society stable

What do Social Darwinists believe about economic inequality?

They were leery of perpetuating the weaker sorts, and poverty was a sign that a person was not well equipped to compete in society.

What are some of the issues related to justice & gender?

rape
prostitution
harassment
child bearing
domestic violence
lesbian identity
economic equality
standards of beauty

Historically, how have many societies viewed rape?

Women were the property of men.

The victim of a rape was usually seen to be the significant male in the "raped" womans life.

What are some of the issues associated with racial justice?

Slavery, KKK, Jews, American Indian Movement, Jim crow Laws

What happened in the 1890's relevant to environmental justice?

2 separate revelations were made.

1- US census bureau announced the frontier (line separating civilization and wilderness ceased to exist)

2. A group of investigative journalists called 'Muckrakers' began exposing the industrial & corporate world's exploitation of the nation's natural & human resources.

What is the difference between conservationists & preservationists?

Conservationists- protect natural resources to ensure future quality. uman oriented, concerned w/future needs & their right to these resources

Preservationalists- want to protect envirionment for it's own value. (like Peta for nature)

What was the significance of Rachel Carlson's books about the envirionment?

it kindled the modern environmentalist movement.

What 4 themes emerge when considering social justice?

Egalitarianism-(everyone should be treated equally)
Membership-(demands a concern for the exclusion & inclusion of people who might not enjoy the benefits of society)
Time-(society has responsibility toward those of the future but also to those who suffered in teh past.
Scope-(include animals & anture in social justice)

What is the origin of common law?

The common law system came from England after the Norman Conquest of 1066 c.e. The common law system is distinctly different than the other great justice system called the civil law system. Also the common law system developed from three historical sources: feudal practices, custom, and equity.

In early England what was the difference between ?the peoples? peace? and ?the king?s peace??

The peoples? peace was one of the two legal systems that emerged. The peoples? peace was a very strong local system in the various counties and villages, and the king?s peace was one that was more national law. The king?s power was limited to controlling the roads, protecting the forest preserves from poachers, securing the sanctity of religious sites, and ensuring peace on certain holy days. Crimes among ordinary people were to be settled at the local level, or peoples? peace.

What event in 1170 marked the decline of the influence of religious courts?

The murder of a leading proponent of the church court system. Thomas a Becket was murdered in the Canterbury Cathedral by henchmen of the king. Thereafter, the ecclesiastical courts diminished in power and influence.

Who were the ?Keepers of the Peace? in early England?

Under King Richard I, the keepers of the peace were knights commissioned to keep peace in local areas. Later called justices of the peace, they were readily accepted by the people because they were a means for the local people to gain access to the royal courts.

What was the equity system?

The equity system, equity meaning fairness, or just, was a set of practices know as equity procedures. These procedures developed to help people bring their grievances before the court without using the complex common law system.

What is a writ of mandamus, an injunction, and a writ of habeas corpus?

All of these things derived from the equity system and are still observed/used today. A writ of mandamus requires public servants to do their jobs. An injunction was an order to prevent harm that would occur if the case went through the system. Finally a writ of habeas corpus required the government to present someone before the courts

What is the role of judges regarding statutes in England?

Law is judge-made, for two reasons. First, juicicial decisions set the framework for the development of most statutes. Second, legislators still think in terms of judge-made law and make their statutes in the language of judges.

What does the Bill of Rights have to do with common law?

The bill of rights is the starting point for so much common law development in the United States. In it, congress is warned away many times from creating statutory law.

What is the difference between ?factual guilt? and ?legal guilt?? Which is emphasized in common law systems?

?Factual guilt? would be when an individual is indeed factually guilty of a crime; i.e. evidence has been gathered, witnesses assembled, and cogent arguments made. However, if the justice system has acted inappropriately, ?legal guilt? may not be established and the defendant could walk free.

What did American law training emphasize?

American law training emphasized a premium on courtroom style with oratory and persuasion being of greater importance than legal thinking.

What was the difference between elite law schools and ?sundown schools? (also known as proprietary law schools)?

The difference between elite law schools and ?sundown schools? was that law schools went with in depth teaching, giving students grounding in legal logic and principles, leaving the practical stuff to be learned on the job; where as ?sundown schools? had done the opposite, they did two things. First, with little interest in legal reasoning, they taught the student to pass the local bar, and second they emphasized courtroom techniques and tactics.

What is stare decisis?

a precedent. Decisions in court are influenced by past court decisions.

Which level of English court acts as the Supreme Court of the land?

The House of Lords

Which level of English court handles nearly all of the criminal cases in England?

The magistrates court

What are the duties of the Lord chancellor in England?

1.Participates in judicial appeals that reach the House of Lords. 2. Recommends all appointments to the courts. 3. Performs day-to-day administration of the courts. 4. Oversees the legal aid system. 5. Takes an active role in law reform.

In England, what is the difference between solicitors and barristers?

They are both lawyers, split into two types. Solicitors are the legal advisors to the public. They help write wills and contracts, set up land and commercial sales, and deal with divorce issues. Barristers present cases before the court. Oral advocacy becomes the greatest quality of the barrister. Solicitors actually prepare the case, but the barrister argues it before a judge and jury.

What parts of the world operate under a civil law system?

The parts of the world that operate under a civil law system are Western Europe, all of central and south America, many parts of asia, and a few places in N.America (Louisiana, Puerto Rico, and quebec.

What was Corpus Juris Civilis and who created it?

Corpus Juris Civilis was law in written and codified form. It became the sole authority on the law for hundreds of years under Emperor Justinian who created it.

What is canon law?

Church law?.Canon law placed religion in the forefront of the system.

Why was the French Revolution important for civil law?

It was important for 4 reasons. 1^st it removed many of the religious laws that had carried over from the dominance of the Catholic Church. Second, besides being anti-clerical, the revolution was anti feudal. Third, a strict separation of powers in France led to a system of specialized courts and restrictions on judicial review. Fourth, codification or written laws became important.

In civil law countries what is the purpose of a written legal code?

The purpose of the code is to weaken the role of the lawyer and the judge. The code needs to have no gaps or loopholes. There should be no conflicting provisions allowing judicial discretion. There should be no ambiguity that would allow for individual interpretation.

What is the role of judge in a civil law system?

In a civil law system the judge is a civil servant, a functionary of the government.

How does one become a judge in a civil law system?

Take a state test. The individual that passes this rigorous test will then attend a special school for prospective judges. Upon completion of the academic training, the individual will be appointed a junior judge without ever having practiced law in court

What is the role of the legal scholar in a civil law system?

In a civil law system the role of a legal scholar is that of real power. This teacher0scholar power is very old, dating back to Roman jurisconsult, and academic expert on the law who advised the legislature and the judge. They mold and direct legal thinking.

Who are ?advocates? in civil law systems?

?Advocates? in the civil law system are defense lawyers. They meet with clients to give advice and representation in court. There role is much more subdued in civil law versus common law.

What are the three stages in the preliminary procedures followed in civil law systems?

Preliminary stage, evidence-taking stage, and third is the decision-making stage.

What are the three phases or stages in the criminal law procedures in civil law systems?

Investigative phase, examination phase, and finally the official trial.

If someone is guilty are they better off being tried in a common law or a civil law system?

They are better off being tried in a common law country where the process would be filled with rhetoric, argumentation, and emotion. This is because of our emphasis on procedure that so many people are able to get off on technicalities.

How are the French police different from those in the U.S. and England?

Unlike the U.S. and England, Frances police grew out of their military. They were quickly uniformed and their uniforms were very similar to the ones worn in the military. Also French police can interfere in the lives of ordinary citizens to a much greater extent than the U.S. or English police can.

What is the difference between the National Police and the National Gendarmerie in France?

The National police (are like police/cops in the United States, having departments town by town etc.) are responsible for policing cities and towns with populations greater than 10,000. They are under the Ministry of Interior, one of the most important members of the Council of Ministers. They have subunits, and are highly militaristic.

The National Gendarmerie (is like military police---placed in spots where needed and for the military) fall under the Ministry of Defense and do three tasks. First, they act as military police for the French army, navy, and air force. Second, they provide law enforcement services for the French oversea territories. Third, they provide policing for all communities with populations less than 10,000.

What are the two main responsibilities of the ?Constitutional Council??

The first responsibility is to address complaints about elections. The second is to determine the constitutionality of legislation passed by parliament.

In France what does the Court of Cassation do?

This court listens to appeals on the interpretation of the law by the lower courts.

In France what are prosecutors called and what is their primary purpose?

In France prosecutors are called magistrates debout or standing magistrates. Their primary purpose is to achieve justice and serve the interest of society?they are not attorneys for the state.

When and where was Islam formed?

It was formed in the city of Mecca, Arabia, where the word of God was revealed to the prophet Muhammad n the early 600?s AD.

What are the Shari?a and what does the term mean?

The Shari?a are the laws of Islam and the term means ?the path to follow?.

What are the two primary and two secondary sources of Islamic law?

2 primary sources of Islamic law are: The Qur?an and the Sunnah (teachings of Muhammad that are not in the Qur'an.

2 secondary sources would be: The Consensus of the Muslim community (agreement among religious leaders) and Analogical reasoning (where the law can adapt to new situations while remaining true to the spirit of the Qur?an and the Sunnah.

Under Islamic law who can be considered a victim?

God or the individual, no crimes against the ?state?

What are the three categories of crime under Islamic law?

Hudud offenses (against God),
Quesas offenses (against person), and Ta?zir offenses (private wrongs against persons?not God at all).

What offenses are considered Hudud offenses?

Apostacy: followers of Islam who voluntarily renounce Islam or its beliefs

Armed Rebellion: attacks against the state with the intention of overthrowing it or giving aid to its enemies

Theft: taking the property of another in a secret manner.

Highway robbery: includes both robbing highway travelers and, murdering highway travelers

Defamation: false accusation of extramarital sex without a standard of proof.

Drinking Alcohol: any alcohol

How does the Islamic law approach to murder differ from that in common law or civil law traditions?

In Islamic law neither homicide nor battery is a crime against the state or society. Instead, they are seen as personal matters between individuals in which the state acts only as the neutral mediator.

What is honor killing and how does Islamic law respond to honor killing?

Honor killing is killing of a female who has harmed the family name by having sex outside of marriage or by marrying a man unacceptable to the father or male guardian. Islamic law responds to honor killing with a stalemate. Some argue the Qur?an requires it, but others argue the Qur?an prohibits it.

What is the purpose of punishment for ta?zir offenses?

The purpose is to reform or rehabilitate the offender

What are some key elements of criminal procedure under Islamic law?

Some of the key elements of criminal procedure under Islamic law are: the accused are innocent until proven guilty beyond a reasonable doubt. In some Islamic societies, people accused of crimes are not held in confinement while waiting for trial. Authorities are forbidden from using torture to force a confession from the accused. At trial, the accused has the right to a fair and impartial trial, to present a defense, to have an attorney to assist in his defense, and to appear before a competent judge. (Basically A LOT of the same that we have).

What are some of the affirmative defenses allowed under Islamic law?

1. Insanity
2. Intoxication
3. Infancy
4. Coercion.
5. Necessity
6. Mistake
7. Self-Defense

What are some of the basic principles that guide Islamic law?

o All law ultimately flows from the Qur?an and the Sunnah and must be consistent with the teachings of Muhammad.

o Although many passages in the Qur?an and Sunnah spell out offenses and punishments, these documents also emphasize compassion and forgiveness.

o Under Islamic criminal law, when judges are allowed discretion in sentencing, they must give the greatest weight to punishments that consider the general public interest.

o There is a considerable emphasis on the rights of individuals and on fundamental fairness in the process of justice.

What was the ?republican code movement??

This was where new constitutions were written that placed greater emphasis on law making in popularly elected institutions called legislatures. This movement led the U.S to drift away from a pure common law system and to draw in elements of a civil justice system.

What is ?bureaucratic justice??

?bureaucratic justice? states that the focus on procedure reflects a belief that orderly, predictable, fair processing will guarantee justice.

What are some of the ways in which our system of government was designed to keep the criminal justice system from being too speedy or too efficient?

Some of the ways our system was designed to not be too speedy or too efficient are the Bill of Rights and Case Law. Both of these keep the law from becoming too efficient because they must be worked around as well as integrated into convictions and legal proceedings.

What is meant by the ?fruit of the poisonous tree??

?fruit of the poisonous tree? refers to evidence that may be excluded in trial because it was obtained illegally thus tainting it in the case.

What happens at the arraignment?

At the arraignment, the defendant stands before the judge and is told of the charges and is ask how he pleads. (Guilty or Not-Guilty).

What is jury nullification?

Jury nullification occurs when the jury finds the defendant innocent despite overwhelming evidence to the contrary.

What is ?civil death??

?Civil death? principles permanently take away many of the prisoners? rights as citizens, such as voting or holding public office.

When did formal profiling begin in the U.S. and for what kind of crime was it used?

Formal profiling began in the U.S. in the 1960?s and it was used for hijacking crimes.

How well has formal profiling worked to locate serial killers?

Formal profiling to locate serial killers hasn?t really worked at all. One would be hard pressed to find a serial killer who was caught because of a profile.

How successful has drug courier profiling on the highways been, and how have different racial groups been affected when these profiles are used?

Drug courier profiling on the highways has been pretty efficient, even though ?hit rates? to stops statistic would argue that. Different racial groups have been affected with theseDrug courier profiling on the highways has been pretty efficient, even though ?hit rates? to stops statistic would argue that. Different racial groups have been affected with these profiles being used, because one of the most significant attributes of a highway drug courier was there race or ethnicity. profiles being used, because one of the most significant attributes of a highway drug courier was there race or ethnicity.

How do minority groups differ in the extent to which they are stopped on the street and are then found to have weapons?

Whites are less likely to be stopped than African Americans or Latinos, but more likely to actually be carrying weapons.

According to the best available evidence, about how many wrongful convictions happen each year?

About 10,000 wrongful convictions each year

Why did Illinois Governor George Ryan declare a halt to the death penalty in Illinois?

He declared a halt because new evidence declared innocence of thirteen individuals on death row.

What are some of the ways in which innocent individuals are wrongfully convicted?

Witnesses are mistaken, witnesses lie, police coerce suspects to falsely confess, laboratory technicians falsify reports, and prosecutors conceal evidence of innocence from the defense.

What is the most common reason why an innocent person is wrongfully convicted?

The most common reason why an innocent person is convicted is eyewitness error, which probably accounts for more than half of all wrongful convictions.

To maximize justice should the criminal justice system emphasize due process or expediency?

More emphasis on Due Process

Pursuing Justice 1-7

Criminal Justice 102 with Weisheit at Illinois State University

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