Social Justice and Criminal Justice

2015 ◽  
Author(s):  
Frederic G. Reamer
Keyword(s):  
Social Justice ◽  
Criminal Justice

Justice versus Social Justice in South Africa: Quo vadis?

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Marelize Isabel Schoeman
Keyword(s):  
South Africa ◽  
Social Justice ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Lessons Learned ◽  
Historical Discourse ◽  
Self Reflection ◽  
Underlying Basis ◽  
Quo Vadis

This article explores the concept of criminal justice as a formal process in which parties are judged and often adjudged from the paradigmatic perspective of legal guilt versus legal innocence. While this function of a criminal-justice system is important – and indeed necessary – in any ordered society, a society in transition such as South Africa must question the underlying basis of justice. This self-reflection must include an overview questioning whether the criminal-justice system and its rules are serving the community as originally intended or have become a self-serving function of state in which the final pursuit is outcome-driven as opposed to process-driven. The process of reflection must invariably find its genesis in the question: ‘What is justice?’ While this rhetorical phraseology has become trite through overuse, the author submits that the question remains of prime importance when considered contemporarily but viewed through the lens of historical discourse in African philosophy. In essence, the question remains unanswered. Momentum is added to this debate by the recent movement towards a more human rights and restorative approach to justice as well as the increased recognition of traditional legal approaches to criminal justice. This discussion is wide and in order to delimit its scope the author relies on a Socratically influenced method of knowledge-mining to determine the philosophical principles underpinning the justice versus social justice discourse. It is proposed that lessons learned from African philosophies about justice and social justice can be integrated into modern-day justice systems and contribute to an ordered yet socially oriented approach to justice itself.

Sexual Terrorism and Social Stigma: How Stigma Influences the Pathway to Justice for Survivors of Boko Haram, and Potential Ways Forward

2021 ◽  
Vol 2 (1) ◽  
pp. 59-85
Author(s):  
Manouk AW van de Klundert
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Literature Review ◽  
Social Stigma ◽  
Psychological Impact ◽  
Economic Consequences ◽  
Boko Haram ◽  
Women And Girls ◽  
Underlying Mechanisms

Boko Haram has victimised numerous women and girls using tactics of sexual terrorism. As criminal justice for this crime is rarely obtained, this article seeks to find ways to bring social justice to its survivors. However, the stigmatisation of the survivors, which is signalled to frequently occur, hampers this process greatly. As survivors of sexual terrorism suffer from stigma, they are being denied social justice, since their position in society is compromised or their suffering is even being denied. This article comprises a literature review that aims to combine published work concerning sexual terrorism, social justice and stigma in an explorative, yet systematic way to identify underlying mechanisms and classify potential ways forward. It was found that stigmatisation, both from wider society as survivors' close connections can have a great psychological impact, on top of the frequently severe physical, psychological, and socio-economic consequences that sexual terrorism already brings forward. Six kinds of interventions were found to reduce the survivor's suffering and stigmatisation, thereby enlarging their social justice.

Seeking Racial Justice Through Data in 2021 and Beyond

2021 ◽  
Vol 33 (4) ◽  
pp. 269-271
Author(s):  
Melba V. Pearson
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Critical Role ◽  
Community Safety ◽  
Common Language ◽  
Health And Wellness ◽  
Racial Justice

In the wake of the verdict in the Derek Chauvin trial, many people are posing the question as to what is next for racial and social justice. As the power of the prosecutor has been on display in recent months, what can be done to make sure that accountability is spread evenly among all races in the criminal justice system? For decades, the metric of a prosecutor’s success revolved around conviction rates. As thinking has evolved around the country, success now includes areas such as community safety, health, and wellness – which requires a new way to measure the work being done. Data provides this information. Data will play a critical role in ensuring transparency, changing policy, and making sure that justice is dispensed equally. Data creates a common language, as well as evidence regarding what is working effectively, and what is not. We cannot fix what we do not measure.

From Moral Entrepreneurs to Moral Advocates

2019 ◽  
pp. 98-124
Author(s):  
Kjersti Lohne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Criminal Justice ◽  
Social Organization ◽  
Global Justice ◽  
International Criminal ◽  
Moral Authority ◽  
International Criminal Justice ◽  
Sociology Of Punishment ◽  
Moral Entrepreneurs

A sociology of punishment for international criminal justice enables attention to the norms, morals, and values at play in the motivational dynamics of penal reforms. At the same time, these cultural forces must be analysed against the background of social organization and structure, indeed, as to what enables people to think and feel in certain ways and to promote policies in accordance with their sensibilities. As such, this chapter explores international criminal justice as a field replete with cosmopolitan sensibilities, but also of lifestyles, qualifications, and restraints. Finding that international criminal justice is perceived as a cosmopolitan expression of social justice, the first part conceptualizes human rights NGOs working in international criminal justice as global moral entrepreneurs and shows how they use humanist discourses to promote global justice-making through law, turning them into advocates of international criminal justice. Balancing claims to authority in the field, the NGOs have to navigate between being ‘insiders’ as experts and ‘outsiders’ that can claim moral authority. The analysis draws on scholarship inspired by Bourdieu and is put to work on transnational fields, enabling attention to what is often downplayed in studies of international law, namely class. As such, the chapter inquires into whose imaginations of global justice become part of its materiality, finding that advocates of humanity predominantly belong to a class of transnational western professionals.

scholarly journals Diversion, Rights and Social Justice

Youth Justice ◽  
2020 ◽  
pp. 147322542090284 ◽  
Author(s):  
Roger Smith
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
The Other ◽  
Delinquent Behaviour ◽  
Justice Model ◽  
The One

This article draws on historical understandings and contemporary models of diversion in order to develop a critical framework and agenda for progressive practice. The argument essentially revolves around the contention that typically diversionary interventions have been constrained by the contextual and ideological frames within which they operate. They have in some cases been highly successful in reducing the numbers of young people being drawn into the formal criminal justice system; however, this has largely been achieved pragmatically, by way of an accommodation with the prevailing logic of penal practices. Young people have been diverted at least partly because they have been ascribed a lesser level of responsibility for their actions, whether by virtue of age or other factors to which their delinquent behaviour is attributed. This ultimately sets limits to diversion, on the one hand, and also offers additional legitimacy to the further criminalisation of those who are not successfully ‘diverted’, on the other. By contrast, the article concludes that a ‘social justice’ model of diversion must ground its arguments in principles of children’s rights and the values of inclusion and anti-oppressive practice.

scholarly journals Constrained Bodies: Dance, Social Justice, and Choreographic Agency

2016 ◽  
Vol 48 (3) ◽  
pp. 45-57 ◽  
Author(s):  
Stacey Prickett
Keyword(s):  
United States ◽  
Social Justice ◽  
Criminal Justice ◽  
Justice System ◽  
Mass Incarceration ◽  
The United States ◽  
First Century ◽  
Presidential Candidate ◽  
Social Injustice ◽  
Key Concepts

The first part of the twenty-first century has been marked by particularly fraught social and racial tensions in the United States, brought to awareness internationally by the Black Lives Matter protest movement that started in 2014 and the vitriol espoused by the 2016 Republican presidential candidate. Randy Martin's work offers paradigms for interrogating the relationships between dance and its sociopolitical contexts that are highly relevant at this historical juncture. Drawing on some of Martin's key concepts, this article explores choreographic agency and creative strategies in dances that respond to issues of social injustice, mass incarceration, and racial disparities in the criminal justice system. Works by Joanna Haigood (Zaccho Dance Theatre), Amie S. Dowling, filmmaker Justin Forbord, and Kyle Abraham (Abraham.In.Motion) focus on narratives of oppression and disenfranchisement yet also inspire resistance and hope.

Introduction

2019 ◽  
pp. 1-12
Author(s):  
Sharon D. Welch
Keyword(s):  
Social Justice ◽  
African American ◽  
Native American ◽  
Criminal Justice ◽  
Environmental Degradation ◽  
Natural World ◽  
Police Force ◽  
Social Health ◽  
Human Beings ◽  
Large Numbers

There are moments in history when there are major breakthroughs in the power of social movements. Large numbers of people recognize the depth of injustice, see possibilities of beauty and integrity heretofore unknown, and find new forms of coming together to bring about change. We are living in such a time. We also live in a time of genuine threat – rising authoritarianism, racism, and xenophobia, increasing environmental degradation, morally unconscionable income and wealth disparities, a dangerously militarized police force, and a criminal justice system that disproportionately targets people who are African American, Native American and Latinx. Moreover, we are confronting ongoing threats of war and terrorism, escalating Islamophobia, and a national political system that is largely ineffective, paralyzed by increasingly high levels of division and polarization. We are in a struggle for the very soul of democracy, and all that we hold dear - interdependence, reason, compassion, respect for all human beings, and stewardship of the natural world that sustains us,– is under direct, unabashed assault. This book is meant for those who are concerned about dangers to our democracy, and to our social health as a nation. It is for those who desire to work for social justice, and to respond to essential protests by enacting progressive change.

Sign in / Sign up

Export Citation Format

Share Document