criminal justice online classes - criminal_justice_online_classes
criminal_justice_online_classes - criminal justice online classes





About criminal justice online classes - criminal_justice_online_classes

Categories: JusticePhilosophy of lawPolitical philosophyEthical principlesSocial conceptsHidden categories: All articles with unsourced statementsArticles with unsourced statements from May 2012Articles with unsourced statements from June 2012Use dmy dates from September 2010 "The conceptualisation of 'Crime' in Classical Greek Antiquity: From the ancient Greek 'crime' (krima) as an intellectual error to the christian 'crime' (crimen) as a moral sin. (Compare the United Nations Security Council, in which the veto power of the permanent members ensures that the organization does not become involved in crises where it could not enforce its decisions.
1790 BC), reflected Mesopotamian society's belief that law derived from the will of the gods (see Babylonian law). A crime may be illegal (as is the cause of evil or injury) or perfectly legal (when the act done is not a necessary consequence of the conduct of the agent but determined by others). A device that is offline uses no external clock reference and relies upon its own internal clock. A just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received. A pareto efficient transaction is one where at least one party ends up better off and neither party ends up worse off.
A tape recorder, digital audio editor, or other device that is online is one whose clock is under the control of the clock of a synchronization master device. According to needs-based theories, goods, especially such basic goods as food, shelter and medical care, should be distributed to meet individuals' basic needs for them. All such adjustments to crime statistics, allied with the experience of people in their everyday lives, shape attitudes on the extent to which the State should use law or social engineering to enforce or encourage any particular social norm. All the earliest English criminal trials involved wholly extraordinary and arbitrary courts without any settled law to apply, whereas the civil (delictual) law operated in a highly developed and consistent manner (except where a King wanted to raise money by selling a new form of writ). Although there can be found some justice principles that are one and the same in all or most of the cultures, these are insufficient to create a unitary justice apprehension.
Among the notable broadly egalitarian philosophies are socialism, communism, anarchism, left-libertarianism, and progressivism, all of which propound economic, political, and legal egalitarianism, respectively. Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas. Another illustrates "the off-line store" where "All items are actual size!" shoppers may "Take it home as soon as you pay for it!" and "Merchandise may be handled prior to purchase!"[9][10] Another response is that the laws and moral principles are objective and self-evident in nature[citation needed]. Behaviour can be controlled and influenced[by whom?] in many ways without having to resort to the criminal justice system.
Biosocial criminology research argues that human perceptions of what is appropriate criminal justice are based on how to respond to crimes in the ancestral small-group environment and that these responses may not always be appropriate for today's societies. Both in archaic Greece and in medieval Scandinavia, an accused person walked free if he could get a sufficient number of male relatives to swear him unguilty. But Ernest Klein (citing Karl Brugmann) rejects this and suggests *cri-men, which originally would have meant "cry of distress". But even then, such demands as human rights would only be elements in the calculation of overall welfare, not uncrossable barriers to action. But punishment might be a necessary sacrifice that maximizes the overall good in the long term, in one or more of three ways:
Civil cases are settled primarily by means of monetary compensation for harm done ("damages") and orders intended to prevent future harm (for example injunctions). County failed to act on employee crime checks at King-Harbor: Inaction on medical workers with past offenses could result in discipline". Either way, what is important is those consequences, and justice is important, if at all, only as derived from that fundamental standard. Esquisse pour une histoire de la catégorie de 'crime énorme' du Moyen Âge à l'époque moderne", Clio@Themis, Revue électronique d'histoire du droit, n. Even in policed societies, fear may inhibit from reporting incidents or from co-operating in a trial.
Fired or disgruntled employees sometimes sabotage their company's computer system as a form of "pay back". For Socrates, the only way the ship will reach its destination – the good – is if the navigator takes charge. For example, Andrew Von Hirsch, in his 1976 book Doing Justice, suggested that we have a moral obligation to punish greater crimes more than lesser ones. For example, discussions taking place during a business meeting are "online", while issues that do not concern all participants of the meeting should be "taken offline" — continued outside of the meeting. For example: as cultures change and the political environment shifts, societies may criminalise or decriminalise certain behaviours, which directly affects the statistical crime rates, influence the allocation of resources for the enforcement of laws, and (re-)influence the general public opinion.
For the utilitarian, all that 'bad person' can mean is 'person who's likely to cause bad things (like suffering)'. Goodin & Philip Pettit eds, Contemporary Political Philosophy: An anthology (2nd edition, Malden, Massachusetts: Blackwell, 2006), Part III Governing or administering agencies may for example codify rules into laws, police citizens and visitors to ensure that they comply with those laws, and implement other policies and practices that legislators or administrators have prescribed with the aim of discouraging or preventing crime. He also argues that even the telephone can be regarded as an online experience in some circumstances, and that the blurring of the distinctions between the uses of various technologies (such as PDA and mobile phone, internet television and Internet, and telephone and Voice over Internet Protocol) has made it "impossible to use the term on-line meaningfully in the sense that was employed by the first generation of Internet research". He also conjectures that an online/offline distinction may be seen by people as "rather quaint and not quite comprehensible" within 10 years.
He conjectures that greater legal status may be assigned to online relationships (pointing out that contractual relationships, such as business transactions, online are already seen as just as "real" as their offline counterparts), although he states it to be hard to imagine courts awarding palimony to people who have had a purely online sexual relationship. He denied that the legal validity of a norm depends on whether its content conforms to morality. He offers a theory of compliance overlaid by a theory of deference (the citizen's duty to obey the law) and a theory of enforcement, which identifies the legitimate goals of enforcement and punishment. He regarded people as by nature rational beings, concluding that it becomes morally appropriate that they should behave in a way that conforms to their rational nature. He sets an example for the good people among men to follow His way and also become an embodiment of the highest principles and morals.
Hence Plato's definition of justice is that justice is the having and doing of what is one's own. However, so long as we adhere to that constraint then utilitarian ideals would play a significant secondary role. However, the earliest known civilizations had codes of law, containing both civil and penal rules mixed together, though not always in recorded form. If one is ill, one goes to a doctor rather than a psychologist, because the doctor is expert in the subject of health. If so, imprisoning them might maximize welfare by limiting their opportunities to cause harm and therefore the benefit lies within protecting society.
If someone does something wrong, we must respond to it, and to him or her, as an individual, not as a part of a calculation of overall welfare. If this process is the source of our feelings about justice, that ought to undermine our confidence in them. Illegal and punishable crime is the violation of any rule of administrative, fiscal or criminal liability on the part of agents of the state or practice of any wrongdoing and notoriously harmful to self or against third parties, provided for in criminal law, since they practiced with guilt (the first act that causes injury criminal actions or omissions to produce adequate evidence also illegal). In Internet Explorer version 6, the level of direct and indirect links, the maximum amount of local disc space allowed to be consumed, and the schedule on which local copies are checked to see whether they are up-to-date, are configurable for each individual Favourites entry. In Latin, crimen could have signified any one of the following: "charge, indictment, accusation; crime, fault, offense".
In a court room, lawyers, the judge and the jury are supposed to be independently investigating the truth of an alleged crime. In physics, a group of physicists examine data and theoretical concepts to consult on what might be the truth or reality of a phenomenon. In the 20th century Michel Foucault in Discipline and Punish made a study of criminalization as a coercive method of state control. In the US, Australia and Canada (in particular), they are divided into federal crimes and under state crimes. In the offline state, users can perform offline browsing, where pages can be browsed using local copies of those pages that have previously been downloaded while in the on-line state.
In this case, criminalization becomes a way to set the price that one must pay to society for certain actions considered detrimental to society as a whole. In this case, the California Court of Appeal explained: "Despite the physical ability to commit vicious and violent acts, dogs do not possess the legal ability to commit crimes. In this, it is similar to the laws of physics: in the same way as the Third of Newton's laws of Motion requires that for every action there must be an equal and opposite reaction, justice requires according individuals or groups what they actually deserve, merit, or are entitled to. In various historical and present-day societies, institutionalized religions have established systems of earthly justice that punish crimes against the divine will and against specific devotional, organizational and other rules under specific codes, such as Roman Catholic canon law. Individual human societies may each define crime and crimes differently, in different localities (state, local, international), at different time stages of the so-called "crime", from planning, disclosure, supposedly intended, supposedly prepared, incomplete, complete or future proclaimed after the "crime".
Internet Explorer will download to local copies both the marked page and, optionally, all of the pages that it links to. It affirms that freedom and justice without equality are hollow and that equality itself is the highest justice. It also suggests that punishment might turn out never to be right, depending on the facts about what actual consequences it has. It is based on a theory of justice that considers crime and wrongdoing to be an offense against an individual or community rather than the state. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.
It is just that a person has some good (especially, some property right) if and only if they came to have it by a history made up entirely of events of two kinds: It is still used in the United States but the distinction between felony and misdemeanour is abolished in England and Wales and Northern Ireland. Justice is an ideal the world fails to live up to, sometimes despite good intentions, sometimes disastrously. Justified by the ability to achieve future social benefits resulting in crime reduction, the moral worth of an action is determined by its outcome. Killing is wrong and therefore must be punished and if not punished what should be done? A famous paradox called the Euthyphro dilemma essentially asks: is something right because God commands it, or does God command it because it's right? If the former, then justice is arbitrary; if the latter, then morality exists on a higher order than God, who becomes little more than a passer-on of moral knowledge.
Laws may specify the range of penalties that can be imposed for various offenses, and sentencing guidelines sometimes regulate what punishment within those ranges can be imposed given a certain set of offense and offender characteristics. Lawyers sometimes express the two concepts with the phrases malum in se and malum prohibitum respectively. Legal and not punishable crime are all acts in self-defense or otherwise determined by the illegal or criminal conduct of others that happened in the first place (or omission adequate to protect the staff member who is a victim of illegal crime). Legal sanctions vary widely in their severity, they may include (for example) incarceration of temporary character aimed at reforming the convict. Legislation must conform to a theory of legitimacy, which describes the circumstances under which a particular person or group is entitled to make law, and a theory of legislative justice, which describes the law they are entitled or obliged to make.
Like the theory of distributive justice as giving everyone what they deserve (see above), it links justice with desert. Likewise, one might assume[original research?] that criminalize acts that in themselves do not harm other people ("victimless crimes") may prevent subsequent harmful acts (assuming that people "prone" to commit these acts may tend to commit harmful actions in general). Lovers of wisdom – philosophers, in one sense of the term – should rule because only they understand what is good. Many Enlightenment thinkers (such as Adam Smith and the American Founding Fathers) subscribed to this view to some extent, and it remains influential among so-called classical liberals[citation needed] and libertarians[citation needed]. Marxism can be regarded as a needs-based theory on some readings of Marx's slogan "from each according to his ability, to each according to his need".
Mill tries to explain our mistaken belief that justice is overwhelmingly important by arguing that it derives from two natural human tendencies: our desire to retaliate against those who hurt us, and our ability to put ourselves imaginatively in another's place. Modern societies generally regard crimes as offences against the public or the state, as distinguished from torts (wrongs against private parties that can give rise to a civil cause of action). Nietzsche noted a link between crime and creativity – in The Birth of Tragedy he asserted: "The best and brightest that man can acquire he must obtain by crime". Not only do these methods help prevent employee crime, but they protect the company from punishment and/or lawsuits for negligent hiring. Numerous organizations have developed, or are developing, flash memory chips with collections of educational materials for off-line use in smartphones, tablets, and laptops.
On the Disutility and Discounting of Imprisonment and the Theory of Deterrence, NBER Working Papers 6259, National Bureau of Economic Research, Inc. On the other hand, the institution of oaths also played down the threat of feudal warfare. One includes Saint Peter asking for a username and a password before admitting a man into Heaven. One such web browser capable of being explicitly configured to download pages for offline browsing is Internet Explorer. Other crimes, called mala in se, count as outlawed in almost all societies, (murder, theft and rape, for example).
Part I violent crimes include murder and criminal homicide (voluntary manslaughter), forcible rape, aggravated assault, and robbery; while Part I property crimes include burglary, arson, larceny/theft, and motor-vehicle theft. People may find such law acceptable, but the use of State power to coerce citizens to comply with that law lacks moral justification. Places of employment sometimes implement security measures such as cameras, fingerprint records of employees, and background checks. Punishment is bad treatment of someone, and therefore can't be good in itself, for the utilitarian. Rather, it is derived from the more basic standard of rightness, consequentialism: what is right is what has the best consequences (usually measured by the total or average welfare caused).
Rawls argues that each of us would reject the utilitarian theory of justice that we should maximize welfare (see below) because of the risk that we might turn out to be someone whose own good is sacrificed for greater benefits for others. Rawls asks us to imagine ourselves behind a veil of ignorance that denies us all knowledge of our personalities, social statuses, moral characters, wealth, talents and life plans, and then asks what theory of justice we would choose to govern our society when the veil is lifted, if we wanted to do the best that we could for ourselves. Rawls's theory distinguishes two kinds of goods – (1) liberties and (2) social and economic goods, i. Restorative justice that fosters dialogue between victim and offender shows the highest rates of victim satisfaction and offender accountability. Ronald Dworkin (2005) rejects Hart's theory and proposes that all individuals should expect the equal respect and concern of those who govern them as a fundamental political right.
Several egalitarian ideas enjoy wide support among intellectuals and in the general populations of many countries. Similarly, Hart (1961) saw the law as an aspect of sovereignty, with lawmakers able to adopt any law as a means to a moral end. Similarly, a city has three parts – Socrates uses the parable of the chariot to illustrate his point: a chariot works as a whole because the two horses’ power is directed by the charioteer. Similarly, a computer may be configured to employ a dial-up connection on demand (as when an application such as Outlook attempts to make connection to a server), but the user may not wish for Outlook to trigger that call whenever it is configured to check for mail. Similarly, one should trust one's city to an expert in the subject of the good, not to a mere politician who tries to gain power by giving people what they want, rather than what's good for them.
Similarly, the consolidated Teutonic laws of the Germanic tribes,[19] included a complex system of monetary compensations for what courts would now[update] consider the complete[citation needed] range of criminal offences against the person, from murder down. So, utilitarianism could recommend punishment that changes someone such that they are less likely to cause bad things. So, when we see someone harmed, we project ourselves into her situation and feel a desire to retaliate on her behalf. Socially accepted or imposed religious morality has influenced secular jurisdictions on issues that may otherwise concern only an individual's conscience. Socrates uses the parable of the ship to illustrate this point: the unjust city is like a ship in open ocean, crewed by a powerful but drunken captain (the common people), a group of untrustworthy advisors who try to manipulate the captain into giving them power over the ship's course (the politicians), and a navigator (the philosopher) who is the only one who knows how to get the ship to port.
Some jurisdictions have penal codes written to inflict permanent harsh punishments: legal mutilation, capital punishment or life without parole. Some[who?] see the criminalization of "victimless crimes" as a pretext for imposing personal, religious or moral convictions on otherwise productive citizens or taxpayers. Such consequentialist property rights theorists argue that respecting property rights maximizes the number of pareto efficient transactions in the world and minimized the number of non-pareto efficient transactions in the world (i. That is, the computer itself may be online—connected to Internet via a cable modem or other means—while Outlook is kept offline by the user, so that it makes no attempt to send or to receive messages. The Commentaries of Gaius (written between 130 and 180 AD) on the Twelve Tables treated furtum (in modern parlance: "theft") as a tort.
The Principle of the Personality of Law in the Germanic Kingdoms of Western Europe from the Fifth to the Eleventh Century. The State becomes involved because governing entities can become convinced that the costs of not criminalizing (through allowing the harms to continue unabated) outweigh the costs of criminalizing it (restricting individual liberty, for example, to minimize harm to others). The association of justice with fairness has thus been historically and culturally rare and is perhaps chiefly a modern innovation [in western societies]. The credible threat of punishment might lead people to make different choices; well-designed threats might lead people to make choices that maximize welfare. The development of the idea that the "State" dispenses justice in a court only emerges in parallel with or after the emergence of the concept of sovereignty.
The dilemma is however claimed to be false by some religious apologists, who claim that goodness is the very nature of God and is necessarily expressed in His commands[citation needed]. The distinction between what is considered online and what is considered offline has become a subject of study in the field of sociology. The glossing was probably brought to England as Old French crimne (12th century form of Modern French crime), from Latin crimen (in the genitive case: criminis). The law of retaliation (lex talionis) is a military theory of retributive justice, which says that reciprocity should be equal to the wrong suffered; "life for life, wound for wound, stripe for stripe. The main distinction is between theories that argue the basis of just deserts is held equally by everyone, and therefore derive egalitarian accounts of distributive justice—and theories that argue the basis of just deserts is unequally distributed on the basis of, for instance, hard work, and therefore derive accounts of distributive justice by which some should have more than others.
The online or offline state of the MUA does not necessarily reflect the connection status between the computer on which it is running and the Internet. The pages are downloaded either implicitly into the web browser's own cache as a result of prior online browsing by the user or explicitly by a browser configured to keep local copies of certain web pages, which are updated when the browser is in the online state, either by checking that the local copies are up-to-date at regular intervals or by checking that the local copies are up-to-date whenever the browser is switched to the on-line state. The question of institutive justice raises issues of legitimacy, procedure, codification and interpretation, which are considered by legal theorists and by philosophers of law. The result is that the world is better off in an absolute sense and no one is worse off. The result is that the world will have generated the greatest total benefit from the limited, scarce resources available in the world.
The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. The victims of the most costly scams include banks, brokerage houses, insurance companies, and other large financial institutions. These institutions may be justified by their approximate instantiation of justice, or they may be deeply unjust when compared with ideal standards — consider the institution of slavery. These laws vary from time to time and from place to place: note variations in gambling laws, for example, and the prohibition or encouragement of duelling in history. These rules may turn out to be familiar ones such as keeping contracts; but equally, they may not, depending on the facts about real consequences.
They classify violations of laws based on common law as Part I (index) crimes in UCR data. They regard a "crime malum in se" as inherently criminal; whereas a "crime malum prohibitum" (the argument goes) counts as criminal only because the law has decreed it so. This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing social, political, psychological, and economic conditions may affect changing definitions of crime and the form of the legal, law-enforcement, and penal responses made by society. This approach frequently brings an offender and a victim together, so that the offender can better understand the effect his/her offense had on the victim. This basic view can be elaborated in many different ways, according to what goods are to be distributed—wealth, respect, opportunity—and what they are to be distributed equally between—individuals, families, nations, races, species.
This can be useful when the computer is offline and connection to the Internet is impossible or undesirable. This claim can be understood in a number of ways, with the fundamental division being between those who argue that justice is the creation of some humans, and those who argue that it is the creation of all humans. This code, from the 20th century BCE, contains some fifty articles, and scholars have reconstructed it by comparing several sources. This matches some strong intuitions about just punishment: that it should be proportional to the crime, and that it should be of only and all of the guilty. This may require sacrifice of some for the good of others, so long as everyone's good is taken impartially into account.
This posits that the nature of the world or of human beings underlies the standards of morality or constructs them. This system later gradually developed into a system with a royal judge nominating a number of the most esteemed men of the parish as his board, fulfilling the function of "the people" of yore. This view entails the problem that it makes any moral criticism of the law impossible: if conformity with natural law forms a necessary condition for legal validity, all valid law must, by definition, count as morally just. Thomas Aquinas wrote in the 13th century: "the rule and measure of human acts is the reason, which is the first principle of human acts" (Aquinas, ST I-II, Q. Those who apply the labels of "crime" or "criminal" intend to assert the hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify any punishments prescribed by the State (in the event that standard processing tries and convicts an accused person of a crime).
Thus criminal law grew out what 21st-century lawyers would call torts; and, in real terms, many acts and omissions classified as crimes actually overlap with civil-law concepts. Thus fines and noncustodial sentences may address the crimes seen as least serious, with lengthy imprisonment or (in some jurisdictions) capital punishment reserved for the most serious. Thus in Austinian terms a moral code can objectively determine what people ought to do, the law can embody whatever norms the legislature decrees to achieve social utility, but every individual remains free to choose what to do. Thus the Hellenic laws[17] treated all forms of theft, assault, rape, and murder as private wrongs, and left action for enforcement up to the victims or their survivors. Thus, on this line of reasoning, the legal validity of a norm necessarily entails its moral justice.
Thus, to be valid, any law must conform to natural law and coercing people to conform to that law is morally acceptable. Tucker suggests a root in "cry" words and refers to English plaint, plaintiff, and so on. Under some legal systems an award of damages involves some scope for retribution, denunciation and deterrence, by means of additional categories of damages beyond simple compensation, covering a punitive effect, social disapprobation, and potentially, deterrence, and occasionally disgorgement (forfeit of any gain, even if no loss was caused to the other party). Undesired activities at such times may include assembly in the streets, violation of curfew, or possession of firearms. Usually includes a felony violation of a criminal rule or act against law, in particular at the expense of people or moral.
Utilitarian theories look forward to the future consequences of punishment, while retributive theories look back to particular acts of wrongdoing, and attempt to balance them with deserved punishment. Utilitarianism, in general, argues that the standard of justification for actions, institutions, or the whole world, is impartial welfare consequentialism, and only indirectly, if at all, to do with rights, property, need, or any other non-utilitarian criterion. Victims take an active role in the process, while offenders are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service". We don’t know who in particular we are, and therefore can’t bias the decision in our own favour. When Quinney states "crime is a social phenomenon" he envisages both how individuals conceive crime and how populations perceive it, based on societal norms.
When a large number of devices are connected to a sync master it is often convenient, if one wants to hear just the output of one single device, to take it offline because, if the device is played back online, all synchronized devices have to locate the playback point and wait for each other device to be in synchronization. When online it will attempt to connect to mail servers (to check for new mail at regular intervals, for example), and when offline it will not attempt to make any such connection. When pages are added to the Favourites list, they can be marked to be "available for offline browsing". When the sync master commences playback, the online device automatically synchronizes itself to the master and commences playing from the same point in the recording. Whether any of these ideas have been significantly implemented in practice, however, remains a controversial question.
While modern systems distinguish between offences against the "State" or "Community", and offences against the "Individual", the so-called penal law of ancient communities did not deal with "crimes" (Latin: crimina), but with "wrongs" (Latin: delicta). With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes and can opt to punish or attempt to reform those who do not conform. Without it, democracy loses any tie─argumentative or practical─to a coherent design of public policy endeavoring to provide the resources for the realization of democratic citizenship. Worryingly, this may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall (perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance). Wrongdoing must be balanced or made good in some way, and so the criminal deserves to be punished.
wealth, income and power – and applies different distributions to them – equality between citizens for (1), equality unless inequality improves the position of the worst off for (2). " Rather, distribution should be based simply on whatever distribution results from non-coerced interactions or transactions (that is, transactions not based upon force or fraud). "This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. "[3] Justice can be thought of as distinct from and more fundamental than benevolence, charity, mercy, generosity, or compassion. "[5] The Ancient Greek word krima (κρίμα), from which the Latin cognate derives, typically referred to an intellectual mistake or an offense against the community, rather than a private or moral wrong.
 This article incorporates public domain material from the General Services Administration document "Federal Standard 1037C" (in support of MIL-STD-188). , John Locke), it involves the system of consequences that naturally derives from any action or choice. , are merely attempts to codify that concept, sometimes with results that entirely contradict the true nature of justice. , they may come into the sphere not of the criminal law, but rather of the civil law. 2380 BC–2360 BC, short chronology) had an early code that has not survived; a later king, Ur-Nammu, left the earliest extant written law-system, the Code of Ur-Nammu (c .
A normative definition views crime as deviant behavior that violates prevailing norms – cultural standards prescribing how humans ought to behave normally. A third example of a common use of these concepts is a web browser that can be instructed to be in either online or offline states. According to meritocratic theories, goods, especially wealth and social status, should be distributed to match individual merit, which is usually understood as some combination of talent and hard work. According to most contemporary theories of justice, justice is overwhelmingly important: John Rawls claims that "Justice is the first virtue of social institutions, as truth is of systems of thought. According to the utilitarian, as already noted, justice requires the maximization of the total or average welfare across all relevant individuals.
According to the utilitarian, justice requires the maximization of the total or average welfare across all relevant individuals. According to thinkers in the social contract tradition, justice is derived from the mutual agreement of everyone concerned; or, in many versions, from what they would agree to under hypothetical conditions including equality and absence of bias. According to utilitarian thinkers including John Stuart Mill, justice is not as fundamental as we often think. At a cultural level, egalitarian theories have developed in sophistication and acceptance during the past two hundred years. Barzilai Gad, Communities and Law: Politics and Cultures of Legal Identities (Ann Arbor: University of Michigan Press, 2003)
Between what entities are they to be distributed? Humans (dead, living, future), sentient beings, the members of a single society, nations? But John Austin (1790–1859), an early positivist, applied utilitarianism in accepting the calculating nature of human beings and the existence of an objective morality. Class (philosophy), an analytical concept used differently to group phenomena from grouping as 'types' or 'kinds' Class (social), the hierarchical arrangement of individuals in society, usually defined by material wealth and occupation Class attribute, a feature of many HTML and XHTML elements, typically to identify them for styles
Crime in the social and legal framework is the set of facts or assumptions (causes, consequences and objectives) that are part of a case in which they were committed acts punishable under criminal law, and the application of which depends on the agent of a sentence or security measure criminal. Crime is the breach of rules or laws for which some governing authority (via mechanisms such as legal systems) can ultimately prescribe a conviction. Crimestoppers, an independent crime-fighting charity that gathers information about crime in the UK from anonymous informants Criminalization may provide future harm-reduction at least to the outside population, assuming those shamed or incarcerated or otherwise restrained for committing crimes start out more prone to criminal behaviour. Different religious traditions may promote distinct norms of behaviour, and these in turn may clash or harmonise with the perceived interests of a state.
Distributive justice is directed at the proper allocation of things — wealth, power, reward, respect — among different people. Distributive justice theorists generally do not answer questions of who has the right to enforce a particular favored distribution. Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all. English criminal law and the related criminal law of Commonwealth countries can define offences that the courts alone have developed over the years, without any actual legislation: common law offences. Even if victims recognize their own role as victims, they may not have the resources to investigate and seek legal redress for the injuries suffered: the enforcers formally appointed by the State often have better access to expertise and resources.
Even though Rome abandoned its Britannic provinces around 400 AD, the Germanic mercenaries – who had largely become instrumental in enforcing Roman rule in Britannia – acquired ownership of land there and continued to use a mixture of Roman and Teutonic Law, with much written down under the early Anglo-Saxon Kings. Evolutionary ethics and an argued evolution of morality suggest evolutionary bases for the concept of justice. For communities that lack adequate Internet connectivity -- like developing countries, rural areas, and prisons -- off-line information stores like the eGranary Digital Library (a collection of approximately 30 million educational resources from more than 2,000 Web sites and hundreds of CD-ROMs) provide off-line access to information. For the purpose of section 243 of the Trade Union and Labour Relations (Consolidation) Act 1992, a crime means an offence punishable on indictment, or an offence punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment. From the Hellenic system onwards, the policy rationale for requiring the payment of monetary compensation for wrongs committed has involved the avoidance of feuding between clans and families.
From the point of view of State-centric law, extraordinary procedures (usually international courts) may prosecute such crimes. If an internal link led you here, you may wish to change the link to point directly to the intended article. If the chain of events leading up to the person having something meets this criterion, they are entitled to it: that they possess it is just, and what anyone else does or doesn't have or need is irrelevant. In Republic by Plato, the character Thrasymachus argues that justice is the interest of the strong—merely a name for what the powerful or cunning ruler has imposed on the people. In Scandinavia the effect of Roman law did not become apparent until the 17th century, and the courts grew out of the things — the assemblies of the people.
In a world where people are interconnected but they disagree, institutions are required to instantiate ideals of justice. In civil cases the decision is usually known as a verdict, or judgment, rather than a sentence. In contrast to the understandings canvassed so far, justice may be understood as a human creation, rather than a discovery of harmony, divine command, or natural law. In criminal law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. In his A Theory of Justice, John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness: an impartial distribution of goods.
In his dialogue Republic, Plato uses Socrates to argue for justice that covers both the just person and the just City State. In one sense, all theories of distributive justice claim that everyone should get what they deserve. In the United States since 1930, the FBI has tabulated Uniform Crime Reports (UCR) annually from crime data submitted by law enforcement agencies across the United States. In the military sphere, authorities can prosecute both regular crimes and specific acts (such as mutiny or desertion) under martial-law codes that either supplant or extend civil codes in times of (for example) war. Indeed, despite everything, the majority[citation needed] of natural-law theorists have accepted the idea of enforcing the prevailing morality as a primary function of the law.
Indeed, in those cases where no clear consensus exists on a given norm, the drafting of criminal law by the group in power to prohibit the behaviour of another group may seem to some observers an improper limitation of the second group's freedom, and the ordinary members of society have less respect for the law or laws in general — whether the authorities actually enforce the disputed law or not. James Konow (2003) "Which Is the Fairest One of All? A Positive Analysis of Justice Theories", Journal of Economic Literature, 41(4), p. Justice as a divine law is commanding, and indeed the whole of morality, is the authoritative command. Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity. Justice: What's The Right Thing To Do?, a series of 12 videos on the subject of justice by Harvard University's Michael Sandel, with reading materials and comments from participants.
Justifying the State's use of force to coerce compliance with its laws has proven a consistent theoretical problem. Lady Justice depicts justice as equipped with three symbols: a sword symbolizing the court's coercive power; a human scale weighing competing claims in each hand; and a blindfold indicating impartiality. Likewise, offline storage is computer data storage that is not "available for immediate use on demand by the system without human intervention. Many constitutions contain provisions to curtail freedoms and criminalize otherwise tolerated behaviors under a state of emergency in the event of war, natural disaster or civil unrest. Many different causes and correlates of crime have been proposed with varying degree of empirical support.
Natural-law theory therefore distinguishes between "criminality" (which derives from human nature) and "illegality" (which originates with the interests of those in power). On the basis of this theory of distributive justice, Nozick argues that all attempts to redistribute goods according to an ideal pattern, without the consent of their owners, are theft. One can categorise crimes depending on the related punishment, with sentencing tariffs prescribed in line with the perceived seriousness of the offence. One can solve this problem by granting some degree of moral relativism and accepting that norms may evolve over time and, therefore, one can criticize the continued enforcement of old laws in the light of the current norms. One can view criminalization as a procedure deployed by society as a pre-emptive, harm-reduction device, using the threat of punishment as a deterrent to anyone proposing to engage in the behavior causing harm.
One example of a common use of these concepts is a mail user agent that can be instructed to be in either online or offline states. Online and offline distinctions have been generalized from computing and telecommunication into the field of human interpersonal relationships. Popular opinion in the Western World and Former Soviet Union often[when?] associates international law with the concept of opposing terrorism[citation needed] — seen as a crime as distinct from warfare. Punishment imposed for no reason other than an offense being committed, on the basis that if proportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society. Restorative justice (also sometimes called "reparative justice") is an approach to justice that focuses on the needs of victims and offenders, instead of satisfying abstract legal principles or punishing the offender.
Restorative justice is concerned not so much with retribution and punishment as with (a) making the victim whole and (b) reintegrating the offender into society. Retributive justice regulates proportionate response to crime proven by lawful evidence, so that punishment is justly imposed and considered as morally correct and fully deserved. Robert Nozick's influential critique of Rawls argues that distributive justice is not a matter of the whole distribution matching an ideal pattern, but of each individual entitlement having the right kind of history. Scottish Centre for Crime and Justice Research, an academic research centre focusing on crime and justice issues Similarly, assault and violent robbery involved trespass as to the pater's property (so, for example, the rape of a slave could become the subject of compensation to the pater as having trespassed on his "property"), and breach of such laws created a vinculum juris (an obligation of law) that only the payment of monetary compensation (modern "damages") could discharge.
Similarly, changes in the collection and/or calculation of data on crime may affect the public perceptions of the extent of any given "crime problem". Since society considers so many rights as natural (hence the term "right") rather than man-made, what constitutes a crime also counts as natural, in contrast to laws (seen as man-made). Sir Henry Maine (1861) studied the ancient codes available in his day, and failed to find any criminal law in the "modern" sense of the word. Slater asserts that there are legal and regulatory pressures to reduce the distinction between online and offline, with a "general tendency to assimilate online to offline and erase the distinction," stressing, however, that this does not mean that online relationships are being reduced to pre-existing offline relationships. So, the reason for punishment is the maximization of welfare, and punishment should be of whomever, and of whatever form and severity, are needed to meet that goal.
Some commentators[who?] may[original research?] see criminalization as a way to make potential criminals pay or suffer for their prospective crimes. Some places of employment have developed measures in an attempt to combat and prevent employee crime. Some property rights theorists also take a consequentialist view of distributive justice and argue that property rights based justice also has the effect of maximizing the overall wealth of an economic system. Some religious communities regard sin as a crime; some may even highlight the crime of sin very early in legendary or mythological accounts of origins — note the tale of Adam and Eve and the theory of original sin. Studies at UCLA in 2008 have indicated that reactions to fairness are "wired" into the brain and that, "Fairness is activating the same part of the brain that responds to food in rats.
The Sumerian was deeply conscious of his personal rights and resented any encroachment on them, whether by his King, his superior, or his equal. The concepts have however been extended from their computing and telecommunication meanings into the area of human interaction and conversation, such that even offline can be used in contrast to the common usage of online. The development of sociological thought from the 19th century onwards prompted some fresh views on crime and criminality, and fostered the beginnings of criminology as a study of crime in society. The distinction between online and offline is conventionally seen as the distinction between computer-mediated communication and face-to-face communication (e. The examples and perspective in this section may not represent a worldwide view of the subject.
The expression "crime" means, in England and Ireland, any felony or the offence of uttering false or counterfeit coin, or of possessing counterfeit gold or silver coin, or the offence of obtaining goods or money by false pretences, or the offence of conspiracy to defraud, or any misdemeanour under the fifty-eighth section of the Larceny Act, 1861. The following classes of offences are used, or have been used, as legal terms of art: The following definition of "crime" was provided by the Prevention of Crimes Act 1871, and applied[9] for the purposes of section 10 of the Prevention of Crime Act 1908: The label of "crime" and the accompanying social stigma normally confine their scope to those activities seen as injurious to the general population or to the State, including some that cause serious loss or damage to individuals. The terms "online" and "offline" (also stylized as "on-line" and "off-line") have specific meanings in regard to computer technology and telecommunications.
The victims may only want compensation for the injuries suffered, while remaining indifferent to a possible desire for deterrence. The word crime is derived from the latin root cernō, meaning "I decide, I give judgment". The word may derive from the Latin cernere - "to decide, to sift" (see crisis, mapped on Kairos and Kronos[disambiguation needed]). Theories of retributive justice are concerned with punishment for wrongdoing, and need to answer three questions: These means of restraining private feuds did not always work, and sometimes prevented the fulfillment of justice.
This distinction between online and offline is sometimes inverted, with online concepts being used to define and to explain offline activities, rather than (as per the conventions of the desktop metaphor with its desktops, trash cans, folders, and so forth) the other way around. This idea came from common law, and the earliest conception of a criminal act involved events of such major significance that the "State" had to usurp the usual functions of the civil tribunals, and direct a special law or privilegium against the perpetrator. This imagined choice justifies these principles as the principles of justice for us, because we would agree to them in a fair decision procedure. This section considers the two major accounts of retributive justice, and their answers to these questions. This section describes some widely held theories of distributive justice, and their attempts to answer these questions.
This view leads to a seeming paradox: one can perform an illegal act without committing a crime, while a criminal act could be perfectly legal. Thus the necessary and sufficient conditions for the truth of a proposition of law simply involved internal logic and consistency, and that the state's agents used state power with responsibility. Under the common law of England, crimes were classified as either treason, felony or misdemeanour, with treason sometimes being included with the felonies. Understandings of justice differ in every culture, as cultures are usually dependent upon a shared history, mythology and/or religion. United Nations Rule of Law: Informal Justice, on the relationship between informal/community justice, the rule of law and the United Nations
Victims, on their own, may lack the economies of scale that could allow them to administer a penal system, let alone to collect any fines levied by a court. What goods are to be distributed? Is it to be wealth, power, respect, some combination of these things? What is the proper distribution? Equal, meritocratic, according to social status, according to need, based on property rights and non-aggression? When informal relationships and sanctions prove insufficient to establish and maintain a desired social order, a government or a state may impose more formalized or stricter systems of social control. Whether a given act or omission constitutes a crime does not depend on the nature of that act or omission.
While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as "offences" or as "infractions". [10] According to contribution-based theories, goods should be distributed to match an individual's contribution to the overall social good. [13] Garoupa & Klerman (2002) warn that a rent-seeking government has as its primary motivation to maximize revenue and so, if offenders have sufficient wealth, a rent-seeking government will act more aggressively than a social-welfare-maximizing government in enforcing laws against minor crimes (usually with a fixed penalty such as parking and routine traffic violations), but more laxly in enforcing laws against major crimes. [13] However, there are differences between retribution and revenge: the former is impartial and has a scale of appropriateness, whereas the latter is personal and potentially unlimited in scale. [16] Many states at this time functioned as theocracies, with codes of conduct largely religious in origin or reference.
[18] The pater familias owned all the family and its property (including slaves); the pater enforced matters involving interference with any property. [20] But only when a more centralized English monarchy emerged following the Norman invasion, and when the kings of England attempted to assert power over the land and its peoples, did the modern concept emerge, namely of a crime not only as an offence against the "individual", but also as a wrong against the "State". [22] Coupled with the more diffuse political structure based on smaller feudal units, various legal traditions emerged, remaining more strongly rooted in Roman jurisprudence, but modified to meet the prevailing political climate. [38] Officials compile this data at the city, county, and state levels into the Uniform crime reports (UCR). [39] This sabotage may take the form of a logic bomb, a computer virus, or creating general havoc.
[5] Research conducted in 2003 at Emory University, Georgia, USA, involving Capuchin Monkeys demonstrated that other cooperative animals also possess such a sense and that "inequity aversion may not be uniquely human"[6] indicating that ideas of fairness and justice may be instinctual in nature. [7] An act or omission is a crime if it is capable of being followed by what are called criminal proceedings. [8] To support his argument that the distinctions in relationships are more complex than a simple online/offline dichotomy, he observes that some people draw no distinction between an on-line relationship, such as indulging in cybersex, and an offline relationship, such as being pen pals. [citation needed] Although privacy-advocates have questioned such methods, they appear to serve the interests of the organisations using them. [citation needed] Embezzlers tend to have a gripe against their employer, have financial problems, or simply an inability to resist the temptation of a loophole they have found.
[citation needed] Screening and background checks on perspective employees can help in prevention; however, many laws make some types of screening difficult or even illegal. ^ Brain reacts to fairness as it does to money and chocolate, study shows / UCLA Newsroom ^ Quinney, Richard, "Structural Characteristics, Population Areas, and Crime Rates in the United States," The Journal of Criminal Law, Criminology and Police Science, 57(1), p. ^ See Polinsky & Shavell (1997) on the fundamental divergence between the private and the social motivation for using the legal system. ^ The concept of the pater familias acted as a unifying factor in extended kin-groups, and the later practice of wergild functioned in this context.
^ a b For example, by section 31(1) of the Criminal Justice Act 1991, and by the Criminal Justice Act 2003 ^ a b Sara Baase, "A Gift of Fire: Social, Legal, and Ethical Issues for Computing and The Internet. had not the laws of his country made that a crime which nature never meant to be so.