Verified Document

Overarching Purpose Of Criminal Justice Essay

If citizens do not recognize the legitimacy of the correctional institutions that embody punishment, then the entire criminal justice system has failed. Punishment by the state for crime must be legitimate. The act of punishment must be systematic and not arbitrary, dealt in an unbiased manner and according to rule of law. For years, differential sentencing for crack cocaine and powdered cocaine in the United States reveals an arbitrary punishment that reflects race and class conflict. Such irrational manifestations of punishment serve to delegitimize the authority of the state. When the legitimacy of the state is lost, the foundation of a free society crumbles.

Ideally, the state possesses credible authority. That authority is used to uphold the rights and freedoms upon which a liberal democracy is based. The shared values of a liberal democracy can coexist with the legitimate use of punishment within certain boundaries. Authority is "legitimated power," the ability to wield power, exert power over others without challenge (Levine 2005, p. 1). If the state did not have authoritative power to maintain a criminal justice system, then there would be legitimacy of law. When the criminal justice system uses punishment as part of its overall strategy to preserve the rights and freedoms of citizens, the state exercises a mandate to take away the rights of one citizen in order to preserve the rights of others. Punishment can fall within the framework of a criminal justice system...

(2010). Punishment. Stanford Encyclopedia of Philosophy. Retrieved online: http://plato.stanford.edu/entries/punishment/
Fagan, J. (2008). Legitimacy and criminal justice. Retrieved online: http://docs.google.com/viewer?a=v&q=cache:CCgCViIiz_QJ:moritzlaw.osu.edu/osjcl/Articles/Volume6_1/Fagan.Intro.PDF.pdf+punitive+legitimacy+criminal+justice&hl=en&pid=bl&srcid=ADGEEShJXobcMDmglV5TlF0d0d8XPcpqHyHT7gApxqlyHB-ynAXZXXBPBiOhsyEDeO_9hXlAmWbI6NALIf6VspF0Ox77-F-8kGN04vmftun6kxQh1cvaeK8KZQMg92kQ3GRmlfssgPQ2&sig=AHIEtbTOhZcNkalDBm6G11ceblm6HlrRng

Johnson, D. (2009). Anger about crime and support for punitive criminal justice policies. Punishment & Society. January 2009 vol. 11 no. 1 51-66.

Levine, B.B. (2005). Legitimacy and the process why which it is pursued. In Encyclopedia of Economic Sociology. Eds. Beckert, J. & Zafirovski, M. Retrieved online: http://www.google.com/url?sa=t&source=web&cd=7&ved=0CE4QFjAG&url=http%3A%2F%2Fwww2.fiu.edu%2F~levineb%2FReadings%2FLegitimacy_for_Milan_final.doc&rct=j&q=weber%20legitmacy&ei=0yeaTYvCJMOBhQfLh6j5CA&usg=AFQjCNFY2ueJB2ECMxAN1Wz9m0_b248JAQ&sig2=lZTHzm5bjGI4oVULeml3wg&cad=rja

Pilliavin, I., Thornton, C., Gartner, R., & Matsueda, R.L. (1986). Crime, deterrence, and rational choice. American Sociological Review 51(Feb: 101-119).

Sources used in this document:
References

Bedau, H.A. (2010). Punishment. Stanford Encyclopedia of Philosophy. Retrieved online: http://plato.stanford.edu/entries/punishment/

Fagan, J. (2008). Legitimacy and criminal justice. Retrieved online: http://docs.google.com/viewer?a=v&q=cache:CCgCViIiz_QJ:moritzlaw.osu.edu/osjcl/Articles/Volume6_1/Fagan.Intro.PDF.pdf+punitive+legitimacy+criminal+justice&hl=en&pid=bl&srcid=ADGEEShJXobcMDmglV5TlF0d0d8XPcpqHyHT7gApxqlyHB-ynAXZXXBPBiOhsyEDeO_9hXlAmWbI6NALIf6VspF0Ox77-F-8kGN04vmftun6kxQh1cvaeK8KZQMg92kQ3GRmlfssgPQ2&sig=AHIEtbTOhZcNkalDBm6G11ceblm6HlrRng

Johnson, D. (2009). Anger about crime and support for punitive criminal justice policies. Punishment & Society. January 2009 vol. 11 no. 1 51-66.

Levine, B.B. (2005). Legitimacy and the process why which it is pursued. In Encyclopedia of Economic Sociology. Eds. Beckert, J. & Zafirovski, M. Retrieved online: http://www.google.com/url?sa=t&source=web&cd=7&ved=0CE4QFjAG&url=http%3A%2F%2Fwww2.fiu.edu%2F~levineb%2FReadings%2FLegitimacy_for_Milan_final.doc&rct=j&q=weber%20legitmacy&ei=0yeaTYvCJMOBhQfLh6j5CA&usg=AFQjCNFY2ueJB2ECMxAN1Wz9m0_b248JAQ&sig2=lZTHzm5bjGI4oVULeml3wg&cad=rja
Cite this Document:
Copy Bibliography Citation

Related Documents

Justice Administration and Criminal Justice
Words: 612 Length: 2 Document Type: Book Report

Criminal justice organizations have "varied and complex environments," and are affected by those environments in ways that makes them "malleable" and prone to frequent change (Stojkovie, Kalinich & Klofas, 2015, p. 15-16). Because of this, criminal justice administration reflects the core principles of learning organizations. Criminal justice organizations must be flexible, responsive to changes in social norms and public policies, and willing to account for developments in empirical research that

Christian Worldview of Criminal Justice
Words: 916 Length: 3 Document Type: Essay

S/he must therefore implement correction and rehabilitation measures as the courts of the country see fit for the convicted individual. However, the compromise would be the kind of treatment the convicted individual gets from the Christian practitioner. As a person of faith, s/he must recognize also that the person is an individual who might have shown deviant behavior to society, but s/he is nevertheless a person who must be

Research Methods for Criminology and Criminal Justice
Words: 1861 Length: 6 Document Type: Research Paper

Today, social science researchers have a wide range of research methods available for criminology and criminal justice applications, divided generally between quantitative and qualitative methods. Although quantitative and qualitative research methods share some commonalities with respect to their overarching objectives, there are some fundamental differences involved that must be taken into account when selecting an optimal research strategy for a given research enterprise. The purpose of this paper was to

Ethics and Moral Guidelines Criminal Justice
Words: 1933 Length: 6 Document Type: Essay

.....personal ethics derive from a combination of established codifications of moral conduct, such as those embedded in political documents or in religious scripture, but also from my personality, my upbringing, and my worldview. I tend towards a utilitarian point-of-view, in that I do believe that the consequences of actions are more important than worrying about whether an action is inherently right or wrong. I also believe that there are situational

Justice in a Pluralistic Society There Are
Words: 1278 Length: 3 Document Type: Essay

Justice In a pluralistic society there are many different groups of people whose interests often conflict, and as a result justice can be viewed very differently. When laws are created to satisfy the needs of one group, it can have a detrimental effect on other groups. Therefore, justice as a concept, as well as a reality, does not always effect the whole of society universally. Recently there has been a number

Overarching Theme of the Democratic Republican National Committee...
Words: 1220 Length: 4 Document Type: Research Paper

Overarching theme of the Democratic-Republican National Committee Statement of the purpose of the exercise The objective of the table top stimulus has been to replicate as practically as one possibly can the likeliest circumstances that the actual work-team task force might experience throughout the DRNC, in addition to a worst-case scenario. Participating entities and their roles A few of the entities included within the table top conference consist of: Major Susan Barker, the commander

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now