JSB173 Lecture Notes - Lecture 1: Due Process, Closed-Circuit Television, Pink Prison
JSB173 LECTURE 1
Aims of the Criminal Justice System
Freiberg, Arie. 2001. “Affective versus effective justice; instrumentalism and emotionalism in
criminal justice.” Punishment & Society 3 (2): 265-278. [on QUT Readings]
Sample, Lisa, Mary Evans and Amy Anderson. 2011. “Sex offender community notification
laws: Are their effects symbolic or instrumental in nature?” Criminal Justice Policy
Review 22 (1): 27-49. [on QUT Readings]
Prevent and reduce crime
Help victims
The suspected, accused and convicted are dealt with fairly, justly and have minimal
delays
Deterrence
Convict guilty
Acquit innocent
Punish in a suitable manner
Economically, efficient and effectively achieve aims
1. Police
a. Detect
b. Investigate
2. Courts
a. Adjudicate
b. Sentencing
2. Corrections
a. 'Correct'
b. Manage offenders
Symbolic Aims vs. Instrumental Aims
Instrumental (utilitarian): seek to prevent and reduce crime and benefit society as a whole.
Practical aims. Instrumental activities or measures.
Symbolic (non-utilitarian): aim to appease public concern without necessarily influence the
public's behaviour. Doesn't intend to directly influence actions. E.g. sex offender registry.
Exercise
What are the instrumental and/or symbolic aims of these CJ practices?
Making bikies wear pink prison uniforms
oSymbolic
Closed - circuit television in public spaces
oCatching criminal
oFeeling safe?
oDeterrent?
Death penalty
oPunishment in a symbolic way?
oDeterrent?
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Affective versus effective justice; instrumentalism and emotionalism in criminal justice. punishment & society 3 (2): 265-278. Sex offender community notification laws: are their effects symbolic or instrumental in nature? criminal justice policy. The suspected, accused and convicted are dealt with fairly, justly and have minimal delays. Instrumental (utilitarian): seek to prevent and reduce crime and benefit society as a whole. Symbolic (non-utilitarian): aim to appease public concern without necessarily influence the public"s behaviour. Making bikies wear pink prison uniforms: symbolic. Due process model: primarily concerned with ensuring citizens" rights are upheld and fair process. Due process model: ensuring rights are upheld and fair process. Comfortable with use of state power and punishment. Proof of legal guilt (as well as factual guilt) Presumption of innocence seen as an obstacle to punishment criminals. Focus on procedural safeguards (esp. presumption of innocence) Process: how justice gets done, how people are treated in cjs, fairness, transparency, "voice", participation.
