The Theory of Inequality and Moral Emotions

Author(s):  
Steven Hitlin ◽  
Sarah K. Harkness

This chapter brings together the strands of theory and research discussed previously to introduce our theory on inequality and morality. The general argument is that in societies with greater economic inequality, the negative sanctioning-based moral emotions of anger, contempt, disgust, shame, and the like will be more frequent and severe. Societies with lower levels of inequality will conversely normalize and exhibit the more positive moral emotions of self-transcendence (compassion, praise, and empathy). Inequality thus begets negative moral emotions. These various emotional reactions to moral events not only affect everyday interaction, but also overlap with criminal justice systems’ reactions to those who offend societies’ moral codes. The more negative the moral reaction in a society, the more likely events are to prompt feelings associated with condemning others, the more the criminal justice system will be similarly focused on sanctioning as opposed to rehabilitation.

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.


2019 ◽  
Vol 30 (6) ◽  
pp. 1517-1524
Author(s):  
Azra Adžajlić-Dedović ◽  
Haris Halilović ◽  
Samir Rizvo

Victims and witnesses may be reluctant to give information and evidence because of perceived or actual intimidation or threats against themselves or members of their family. This concern may be exacerbated where people who come into contact with the criminal justice system are particularly vulnerable. For instance, by virtue of their age and developing levels of maturity, children require that special measures be taken to ensure that they are appropriately assisted and protected by criminal justice processes.Victims who receive appropriate and adequate care and support are more likely to cooperate with the criminal justice system in bringing perpetrators of crime to justice. However, inadequacies of criminal justice systems may mean that victims are not able to access the services they need and may even be re-victimized by the criminal justice system itself.


2017 ◽  
Vol 4 (3) ◽  
pp. 87-96
Author(s):  
N I Kostenko

The article examines the role of international criminal justice in fulfilling the important tasks set by the world community in the 21st century to stabilize the criminal justice system, which should become a fundamental element of the rule of law structure; on the recognition of the central role of the criminal justice system in the development of international criminal justice. The work focuses on the need for a holistic approach to reforming the criminal justice system in order to improve the effectiveness of international criminal justice systems in the fight against crime.


Author(s):  
Alexes Harris ◽  
Frank Edwards

Despite the central role that fines and other fiscal penalties play in systems of criminal justice, they have received relatively little scholarly attention. Court systems impose fines and other monetary sanctions in response to minor administrative and traffic offenses as well as for more serious criminal offenses. Monetary sanctions are intended to provide a deterrent punishment to reduce lawbreaking, to provide opportunities for accountability through financial restitution, to restore harm caused to victims of crime, and to fund the operation and administration of courts and criminal justice systems. Fines, fees, and other monetary sanctions are the most common form of punishment imposed by criminal justice systems. Most criminal sentences in the United States include financial penalties, and monetary sanctions are routinely imposed for less serious, and far more common, infractions such as traffic or parking violations. For many, paying a monetary sanction for a low-level violation is an annoyance. However, for the poor and people of color who are disproportionately likely to be subject to criminal justice system involvement, monetary sanctions can become a vehicle for expanded social inequality and increasingly severe criminal justice contact. Failure to pay legal financial obligations often results in court summons or license suspensions that may have attendant additional costs and may trigger incarceration. In the United States, the criminal justice system is heavily and routinely involved in the lives of low-income people of color. These already-existing biases, coupled with the deep poverty that is common in many communities, join to widen the net of criminal justice involvement by escalating low-level infractions to far more serious offenses when people are unable to pay. Despite the routine justification of monetary sanctions as less-severe penalties, if imposed without restriction on the poor, they are likely to magnify the inequality producing effects of criminal justice system involvement.


Author(s):  
Azahed Alimadad ◽  
Peter Borwein ◽  
Patricia Brantingham ◽  
Paul Brantingham ◽  
Vahid Dabbaghian-Abdoly ◽  
...  

Criminal justice systems are complex. They are composed of several major subsystems, including the police, courts, and corrections, which are in turn composed of many minor subsystems. Predicting the response of a criminal justice system to change is often difficult. Mathematical modeling and computer simulation can serve as powerful tools for understanding and anticipating the behavior of a criminal justice system when something does change. The focus of this chapter is on three different approaches to modeling and simulating criminal justice systems: process modeling, discrete event simulation, and system dynamics. Recent advances in these modeling techniques combined with recent large increases in computing power make it an ideal time to explore their application to criminal justice systems. This chapter reviews these three approaches to modeling and simulation and presents examples of their application to the British Columbia criminal justice system in order to highlight their usefulness in exploring different types of “what-if” scenarios and policy proposals.


Author(s):  
Irina M. Erlihson ◽  

The author of the article refers to one of the intellectual aspects of the genesis of English penitentiary reforms of the 18th century. The progressive increase in crime rate, which English society faced in the 18th century, became a popular trend in social discourse, being left off “board” of historical penology that developed till the middle of the 20th century in the line of the normativism approach. Historiographic schools traditionally treated the evolution of English criminal justice system of the 18th century as the history of sanctions and led complicated social processes to forming severe “vertical of subordination”. The dislocation of the vector of historical researches to interdisciplinary anthropological field led to the emergence of new methods of reconstructions of historical world. The author applied theoretical aspects and tools of “cultural-intellectual and new social history” and it helped to consider imperious relationships in the epoch of the reforming of criminal justice system in the mirror of representation in historical narratives in social-cultural context and reality of Great Britain in the 18th century. The aim of the following research is to analyze criminal biographies from the Newgate Calendar for comprehension of the psychology of a crime both in the point of view of its direct subjects and through the prism of literary and personal interpretation. To reach the goal the author solves the following tasks: - considers the phenomenon of crime from the point of view of their subjects, on the one hand, and the public in the search for universal forms of neutralization of criminal aggression and ways of realization of the punishment in the stated period, on the other; - analyzes the criminals’ psychological state and emotional reactions taking into account classical studies in criminal psychology; - shows the specifics of the manifestation and perception of violence and “crime and retribution” interpretation in the social and spiritual-intellectual contexts of the period In the framework of the study, the author resorts to both special historical and source study methods (biographical, historical synthesis, discursive analysis, interpretation of texts and sources), as well as to the tools of related humanitarian disciplines such as psychological anthropology (reconstruction of a criminal biography involving fundamental works of Z. Freud, E. Fromm, Yu.M. Antonyan). We conclude the following: First of all, Newgate histories performed the edifying function, reminding us of the inevitability of punishment and compulsory repentance of a criminal. Moralistic component helped the “Calendar” to create the reputation of reading, elevating the spirit and it frequently held pride of place on the bookshelves near the Bible. Secondly, The Newgate Calendar made the attitude to the essence of violence in human nature as a part of public discourse. It was a successful commercial project of replication of the examples of antisocial behavior: violence, fraud, adultery, sexual inversions were boldly included into the sphere of public representation. In fact, the combination of didactic discourses and narrative passages created compositional structure of every biography in proportion, fitting such criteria as provocativeness of the material, eccentricity of a criminal’s personality and the degree of his discrepancy to conventional social norms.


Author(s):  
Benjamin Justice ◽  
Tracey L. Meares

There are at least two central pathways through which the modern democratic state interacts with citizens: public school systems and criminal justice systems. Rarely are criminal justice systems thought to serve the educational function that public school systems are specifically designed to provide. Yet for an increasing number of Americans, the criminal justice system plays a powerful and pervasive role in providing a civic education, in anticitizenry, that is the reverse of the education that public schools are supposed to offer. We deploy curriculum theory to analyze three primary processes of the criminal justice system—jury service, incarceration, and policing—and demonstrate the operation of two parallel curricula within them: a symbolic, overt curriculum rooted in positive civic conceptions of fairness and democracy; and a hidden curriculum, rooted in empty or negative conceptions of certain citizens and their relationship to the state.


2020 ◽  
Vol 9 (1) ◽  
pp. 143-179
Author(s):  
Jason R. Steffen

AbstractScholars often appeal to Kant in defending a retributivist view of criminal punishment. In this paper, I join other scholars in rejecting this interpretation as insufficiently attentive to Kant's wider theory of justice, particularly as found in the Rechtslehre, a section of the Metaphysics of Morals. I then turn to the Tugendlehre, where I examine analogies between Kant's treatments of morality and justice. In particular, I argue that Kant's own views about conscience and moral cognition should cause us to rethink the importance of lex talionis (an integral retributive principle) in the criminal justice system, and to adopt a more merciful attitude toward punishable criminals than we might otherwise be inclined to do. I end with a few policy proposals aimed at encouraging such moral cognition in contemporary Anglo-American criminal justice systems


Author(s):  
Poulami Roychowdhury

How do women claim rights against violence in India and with what consequences? By observing how women navigate the Indian criminal justice system, Roychowdhury provides a unique lens on rights negotiations in the world’s largest democracy. She finds that women interact with the law not by following legal procedure or abiding by the rules but by deploying collective threats and doing the work of the state themselves. They do so because law enforcement personnel are incapacitated and unwilling to enforce the law. As a result, rights negotiations do not necessarily lead to more woman-friendly outcomes or better legal enforcement. Instead, they allow some women to make gains outside the law: repossess property and children, negotiate cash settlements, join women’s groups, access paid employment, develop a sense of self-assurance, and become members of the public sphere. Capable Women, Incapable States shows how the Indian criminal justice system governs violence against women not by protecting them from harm but by forcing them to become “capable”: to take the law into their own hands and complete the hard work that incapable and unwilling state officials refuse to complete. Roychowdhury’s book houses implications for how we understand gender inequality and governance not just in India but in large parts of the world where political mobilization for rights confronts negligent and incapacitated criminal justice systems.


Author(s):  
Jonathan Parker ◽  
Vanessa Heaslip ◽  
Sara Ashencaen Crabtree ◽  
Berit Johnsen ◽  
Sarah Hean

AbstractThis chapter presents a conceptual consideration of the centrality of ‘voice’ in the Criminal Justice System (CJS), particularly in respect of service development. The hidden perspectives of those who are ‘subject to’, working with or working in the CJS represent important aspects to consider when seeking to change, develop or evaluate services. After emphasising the turn to including the voices of those often excluded from participation we explore aspects of the contested concept of ‘vulnerability’ as a label often applied to those working with CJS. We widen this to consider the vulnerabilities by association that professional take on as popular discourses permeate perceptions of CJS cultures. Subsequently, we examine some of the ways in which the inclusion of hidden and potentially vulnerable voices of those citizens involved with CJS can assist the transformative development of services by irritating the normative perspectives. We advocate an approach based around critical ethnography as a means of sitting with and walking besides people intimately involved in CJS.


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