The Concept of Equality
* Equality = justice/
* No – identical rights, opportunities + treatment
* = impractical + not desirable
e.g. young offenders have special treatments (immature)
* Gaps in equality (preferential treatment)
* Appropriate serve moral + social goals in society.
* Individual differences = social + economic inequalities * Justice treating everyone equally regardless of differences * Differential treatment or discrimination = inescapable + desirable * In some cases
* Age, marital status, sex, sexual orientation, race, culture, religion discrimination on these = offensive ↓
socially + legally
* Born with advantages + disadvantages
* Although absolute equal treatment seems ideal
* Cannot be in justice system
In the courts: Plessy v. Ferguson
A. Substantive (Why) + Procedural Justice (How)?
* No – he was only prosecuted BECAUSE he was considered to be of a different race & therefore substantive justice was not carried out. * Yes – he was prosecuted as any other person charge with his crime would be. B. The Court’s Justification
* Claims that 14th amendment’s rights are only afforded to those who are not “inferior” to whites. ↓ if they are inferior they should not be treated equally * Questions raised
( 14th amendment)“equal protection of the law”
* How can they claim this or any other part of the 14th amandement? * They do...
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