Justice System Inequality

Wednesday, September 22, 2021 2:46:35 AM

Justice System Inequality

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How to fix our broken criminal justice system - Robert Barton - TEDxSanQuentin

For those born in the late s, the statistics are worse, with 36 percent going to prison. If they had dropped out of high school, the percentage jumped to Those everyday problems — including unstable housing, slim job prospects, and inferior health care — are often waiting just outside the prison walls for inmates returning to society. Western is now analyzing data from a study in which he tracked the lives of men and women who left prison and moved back to their Boston neighborhoods. And certainly as they got older, they were violent offenders as well. Another key finding, said Western, was the high number of former inmates who have mental illness or addiction issues. Studies have found that wary employers routinely discriminate against job applicants who have been imprisoned.

In and , Devah Pager, a Harvard professor of sociology and public policy, hired young men to pose as job applicants in New York City and Milwaukee. She gave the participants fake backstories and identical levels of schooling and work histories. But she also instructed subjects from each team to tell potential employers that they had been convicted of drug felonies and had spent 18 months in prison. African-American participants paid bigger penalties for having criminal records than whites did, receiving fewer interviews and offers. Most unsettling, a black applicant with a clear record fared no better than a white applicant just released from prison.

The results indicate that former inmates actually tend to advance more quickly and receive more promotions than other enlistees. The penal system can prove particularly damaging to youthful offenders. Researchers say that judicial officials who punish teens and even those in their early 20s as adults are turning their backs on the proven science of brain development and the rehabilitation options available in juvenile courts. Schiraldi and Western support raising the age limit of juvenile courts to 21 or even 25, and they are using the latest neuroscience research to make their case. Teenagers and young adults are still developing reasoning and judgment, said Schiraldi.

All of those things impact criminality. And so if you believe that we should have a juvenile system, which most people do, and you believe that young adults are more similar to juveniles than to more fully mature adults, and they are, then it stands to reason that we should have more protections for them and a special approach. Many thousands are consigned to local jails while awaiting trial or sentencing, or while serving short sentences. For many of them, posting bail is a challenge or even an impossibility. In addition, court systems around the country increasingly are outsourcing their probation operations to private firms that make money by charging offenders extra fees.

In tandem with the incarceration rate, the use of solitary confinement in America has skyrocketed over the past two decades. A recent report by the Bureau of Justice Statistics said that nearly 20 percent of state and federal prison inmates and 18 percent of local jail inmates have spent time in restrictive conditions, including disciplinary or administrative segregation or solitary confinement.

Research routinely shows that solitary can produce devastating psychological effects, including panic attacks, hallucinations, depression, mood swings, and even suicide. Supreme Court Associate Justice Anthony Kennedy said during a visit to HLS last year during which he disparaged the criminal justice system for the practice, as well as for overcrowding and too-lengthy sentences. Then there is the hot-button topic of police relations with minority communities. A number of civilian deaths during interactions with police in Ferguson, Mo. Massive, complex computer studies in recent years have transformed business, science, and government. Some analysts think that big data could be a game-changer for police departments to increase their effectiveness.

An associate professor of social psychology at the University of California, Los Angeles, Goff is co-founder of the Center for Policing Equity, a think tank that promotes police transparency and accountability. He helped to establish the first database with national statistics on police behavior. Currently working with 50 law enforcement agencies, Goff and his team are compiling information on police stops and the use of force. By comparing broad sets of information on police behavior, Goff and his researchers hope to identify and correct racial disparities in policing.

He said that many police departments are eager for such information because they want to do a better job. Important steps toward reform could include placing a limit on the minimum size of police departments, ensuring civilian oversight of policing, addressing implicit bias in police training, and adopting proportionality standards for the use of force. None of these things should result in a death sentence. Henrik Syse states that global ethics and international justice in western tradition is part of the tradition of natural law. It has been organised and taught within Western culture since Latin times of Middle Stoa and Cicero, and the early Christian philosophers Ambrose and Augustine.

A direct quote from Syse states : "This early natural-law theorising teaching centred around the idea of a ius naturale, i. Per the American political scientist Iris Marion Young "A widely accepted philosophical view continues to hold that the scope of obligations of justice is defined by membership in a common political community. On this account, people have obligations of justice only to other people with whom they live together under a common constitution, or whom they recognize as belonging to the same nation as themselves. What we owe one another in the global context is one of the questions the global justice concept seeks to answer.

The broader political context of the debate is the longstanding conflict between local institutions: tribes against states, villages against cities, local communities against empires, or nation-states against the UN. The relative strength of the local versus the global has decreased over recorded history. From the early modern period until the twentieth century, the preeminent political institution was the state , which is sovereign , territorial, claims a monopoly on the legitimate use of violence in its territory, and exists in an international system of other sovereign states.

Justice in relations between states, and between individuals across state borders was put aside as a secondary issue or left to international relations theorists. Since the First World War , however, the state system has been transformed by globalization and by the creation of supranational political and economic institutions such as the League of Nations , the United Nations, and the World Bank. Three related questions, concerning the scope of justice, justice in the distribution of wealth and other goods, and the institutions responsible for justice, are central to the problem of global justice.

When these questions are addressed in non ideal circumstances, they are part of the "ethics of process," a branch of political ethics. Are there, as the moral universalist argues, objective ethical standards that apply to all humans regardless of culture , race , gender , religion , nationality or other distinguishing features? What is the root cause of poverty, and are there systemic injustices in the world economy?

John Rawls has said that international obligations are between states as long as "states meet a minimal condition of decency" where as Thomas Nagel argues that obligations to the others are on an individual level and that moral reasons for restraint do not need to be satisfied for an individual to deserve equal treatment internationally. What institutions — states , communes, federal entities, global financial institutions like the World Bank , international NGOs , multinational corporations , international courts , a world state —would best achieve the ideal of global justice?

How free should movement between the jurisdictions of different territorial entities be? Thomas Pogge says that States can not achieve global justice by themselves "It has never been plausible that the interests of states—that is, the interests of governments—should furnish the only considerations that are morally relevant in international relations. Public polls have shown that there is support for the International Criminal Court. Anne Petermann and Orin Langelle of the Global Justice Ecology Project have noted that in industry insiders were given preferential treatment over "civil society observers and delegates from poorer countries whose visas were delayed.

Philosopher Nayef Al-Rodhan argues in his book Sustainable History and the Dignity of Man: A Philosophy of History and Civilisational Triumph that human well-being is dependent on the preservation and promotion of human dignity and that human dignity is directly linked to global justice. In order to achieve global justice, eight minimum criteria must be met. These are. Because interconnectedness between peoples and geo-cultural domains is becoming increasingly common, Al-Rodhan maintains that the fate of one geo-cultural domain will affect the fate of others.

Justice is central to human dignity, individual geo-cultural triumph, and the overall well-being of human civilization. Thus, according to Al-Rodhan, meeting the minimum criteria of global justice is a prerequisite to the triumph of human civilization. Global justice is the paramount to global security, because injustice can lead to feelings of anger , humiliation , and alienation, which can undermine human dignity. When people feel that they have been the victim of unjust decisions, they may try to seek justice by less conventional means such as violence.

This, in turn, can promote insecurity. Therefore, justice, and not just military power , is essential to maintaining global security. Some obstacles might however arise. Al-Rodhan identifies the disparity in power that exists between states in the current global order as a major obstacle in achieving global justice. Calls for greater global justice are thus likely to continue from disadvantaged societies because they often feel that they are unjustly subjected to the rules set by more powerful players. However, dominant states that benefit from the current status quo are unlikely to want to alter established institutions or governance structures. Al-Rodhan therefore recommends that fairness in terms of the participants in dialogue is a prerequisite for the promotion of universal justice.

Similarly, he argues that diplomacy must be based on openness to hearing and acknowledging the concerns and positions of others. Empathy and an acknowledgement of the grievances and past pains of others are crucial, as is giving all stakeholders a voice in the decision-making process. Finally, Al-Rodhan argues that all states, no matter how powerful, must be bound by international law and its obligations. Thomas Pogge has contended that an "institutional order can not be just if it fails to meet the minimal human rights standard".

That standard is based on the Universal Declaration of Human Rights. He wrote in , that "progress made over the last years is miraculous". Five main positions—realism, particularism, nationalism, the society of states tradition, and cosmopolitanism in two forms — have been taken by contributors to the global justice debate. Realists, such as Charles Yeo , Hashim Tilab argue that there are no global ethical standards, and that to imagine that there are is a dangerous fantasy. So, in response to the three central questions above: moral universalism is either false, or merely says that nothing is forbidden to any state in pursuit of its interests.

There is no obligation to help the poor, unless doing so helps to further a state's strategic aims. And the state system is taken as the fundamental and unchallengeable global institutional arrangement. Particularists, such as Michael Walzer and James Tully , argue that ethical standards arise out of shared meanings and practices, which are created and sustained by discrete cultures or societies. Moral and social criticism is possible within the boundaries of such groups, but not across them. If a society is egalitarian , for instance, its citizens can be morally wrong, and can meaningfully criticise each other, if they do not live up to their own egalitarian ideals; but they cannot meaningfully criticise another, caste -based society in the name of those ideals.

Each society has its own, different standards, and only those inside it are bound by those standards and can properly criticise themselves. So, moral universalism is false, because objective ethical standards vary between cultures or societies. We should not apply the same criteria of distributive justice to strangers as we would to compatriots.

Nation-states that express their peoples' shared and distinctive ethical understandings are the proper institutions to enable local and different justices. For Charles Blattberg , however, there exists a particularist approach to global justice, one based upon what he calls a "global patriotism. Nationalists, such as David Miller and Yael Tamir , argue that demanding mutual obligations are created by a particular kind of valuable association, the nation. Nationalism has traditionally included this assumption of differing moral obligations to those within and those outside the nation, reflected for example in the fact that the benefits of the welfare state are not available to citizens of other countries.

So, moral universalism is too simple, because the ethical standards that apply between compatriots differ from those that apply between strangers although some nationalists argue for the universal ethical standard that nations should have their own states. Distributive justice is an issue within nations but not necessarily between them. And a world-system of nation-states is the appropriate organiser of justice for all, in their distinct associational groups. In the society of states tradition, states are seen as individual entities that can mutually agree on common interests and rules of interaction, including moral rules, in much the same way as human individuals can.

Often, this idea of agreement between peers is formalised by a social contract argument. One prominent exemplar of the tradition is John Rawls. His argument is that we can justify a global regime by showing that it would be chosen by representatives of Peoples in an imagined original position , which prevents them knowing which particular People they represent. This decision-in-ignorance models fairness because it excludes selfish bias.

When Rawls applied this method in the case of domestic justice, with parties in the original position representing individual members of a single society, he argued that it supported a redistributive , egalitarian liberal politics. In contrast, Rawls argues that when his method is applied to global justice, it supports a quite traditional, Kantian international ethics: duties of states to obey treaties and strict limits on warmaking , but no global repossession of private property. So, different justices apply to the domestic and international cases. Even if justice requires egalitarianism within states, it does not do so between them.

And a system of cooperating but independent states is the just global institutional arrangement. The New Press is happy to share our Fall catalog , which includes books to be published between September and February The pandemic exposed systemic problems in our criminal justice system, our politics, our economy, and our culture at large, while it opened up conversations about racism, justice, and equality. The books coming out in our Fall season illuminate these issues and more, looking back at what we can learn from history, taking stock of where we are at now, and looking forward to a better future. The Unusual Fund for Usual Cruelty. New Releases see all new releases. Empire of Rubber. From Parchment to Dust. The Case for Constitutional Skepticism.

Inner Light in a Time of Darkness. Blog Articles see all. Journeys in a Racial State. Authors see all. Janet Dewart Bell. Mike Konczal. Howard Zinn.

Inner Light in a Time of Darkness. For Justice System Inequality young men, born since Justice System Inequality mids, serving time in prison has become a normal life event. What can be done? PBS Frontline. This website uses cookies as well as Anger In Harper Lees To Kill A Mocking Bird tools and technologies to Justice System Inequality visitors' experiences. While the jobs How Did The New Technology Affect The Economy ralph in lord of the flies improved, the racial disparities remain.