Philosophies of Crime

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CRJU 5010 Criminal Justice Processes and Institutions

Philosophy of the Current Criminal Justice System
Essay 4
Nicola Bintz
Dr. Burek

Introduction
The idea of theories and philosophies within the current criminal justice system at first appears to be a simple framework. The current criminal justice system is currently considered to fall between many different philosophies of justice. The some of these theories include corrective, distributive, procedural, deterrent, reformative, preventative, expiatory and retributive justice. Not one theory stands alone as the ‘right’ direction for the system as a whole. There are so many separate yet integrated structures and functions under the one expansive title of the ‘criminal justice system’ that it is virtually impossible to separate them and assign a single theory to all. The word system has a multitude of definitions, yet there is only ever one common theme and that is multiple independent components that have one common goal. Justice would appear to be the common goal of the process yet all the independent components have varied angles of approach. Current Philosophies and Theories

The idea of many theories or philosophies being used is confusing and conflicting in many cases. To establish a philosophy there is an area where people try to link the visible and the invisible in a logical manner, and by linking them, they create a set of ideas that can be tested within an established and logical way to create a theory. Today the criminal justice system is designed on evidential proof of a theory being suitable to specific areas of the system and still philosophical in the logical evaluation of their effectiveness. The criminal justice system as a whole entity cannot be characterized under one philosophy or theory, as the diversity within the subsections do not allow for a ‘one size fits all’ approach. The criminal justice system is known as three larger units that comprise of law enforcement, courts and...
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