Justice and Law

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Professionals in the criminal justice system serve and promote the interests of law and justice, so before we explore the ethical issues and dilemmas that confront them, let’s begin with a discussion of justice itself. Justice is not something for which we should feel grateful, but rather, something upon which we have a right to insist.
Justice should not be confused with “good.” Most would argue, individual differences and circumstances should be taken into consideration - if not during a finding of guilt or innocence, then at least when sentencing occurs. If the blindfold of Lady Justice signifies no special treatment for the rich or the powerful, then it must also signify no special consideration for the young or desperate, or for any extraordinary circumstances in a criminal case.
Justice originated in the Greek word dike, which is associated with the concept of everything staying in its assigned place or natural role. This idea is closely associated with the definitions of justice given by Plato and Aristotle.
A person’s dealings with others in all areas of life determined whether he could be considered just or unjust. Distributive justice concerns what measurement should be used to allocate society’s resources; for instance, this type of justice would include issues such as affirmative action, welfare, free schooling, and other goods and opportunities, and how society distributes them among its members. Corrective justice concerns unfair advantage or undeserved harm between people. Justice demands remedies or compensations to the injured party.
There is a connection between distributive justice and corrective justice. If it is true that socioeconomic status predicts criminal predisposition, should we care? Is it fair that poor people tend to end up in prison and those with more resources usually receive less punishment?
Corrective justice concerns unfair advantage or undeserved harm between people. Justice demands remedies or compensations to the injured party. Substantive justice concerns just deserts - in other words, the appropriate amount of punishment for a crime.
The importance of treating people fairly and providing due process protections is a theme that runs not only through law but also through ethics. Wrongful Conviction is a conviction of a person accused of a crime which, in the result of subsequent investigation, proves erroneous.
The growing body of information on wrongful convictions illustrates the fact that procedural safeguards to minimize error and promote procedural justice can be put in place, but these rules and procedures can be subverted consciously or unconsciously by police and prosecutors who are pursuing a conviction. There is strong evidence that these two aspects of procedural justice are differentially experienced depending on what race or ethnic group you belong to.
The issue of race permeates the criminal justice system. Restorative justice is a term used to describe programs that seek to move compensation back to center stage in the justice system, instead of retribution.
While legal sanctions usually do not make the victim “whole” or change the offender, restorative justice attempts to do both. What is the moral duty of individuals when laws and governmental edicts are themselves immoral?
We should always remember that law is considered the basement of morality; even if you never break a law that does not automatically make you a moral person. There are immoral acts that are not illegal, and once in a great while some laws are immoral.