An Introduction to Justice
What does Justice represent?
Justice is often shown as a blindfolded woman
holding scales. In this picture, she has wings and is
holding a sword as well. What is all this supposed
to symbolize?
Goals of the American Justice System

Individual Rights
◦ Guarantee law-abiding citizens the right to
 Justice
 Personal liberty
 Dignity
 The right to due process
Goals of the Criminal Justice System

Public Order
◦ Individual rights must be balanced against
these concerns:
 Social justice
 Equality
 The protection of society
 Freedom from fear
The Theme of This Course

Individual Rights versus Public Order

Individual rights refers to:
The rights guaranteed to all members of American
society by the United States Constitution (especially
as defined by the Bill of Rights). These rights are
particularly important to criminal defendants facing
formal processing by the criminal justice system.
The Theme of This Course

Public order refers to:
The belief that under certain circumstances involving
criminal threats to public safety, the interests of
society (especially crime control and social order)
should take precedence over individual rights.
Versions of Justice

Justice refers to:
The principle of fairness; the ideal of moral equity.

Criminal justice refers to:
The law of criminal procedure, having to do with the
enforcement of law.
Versions of Justice

Civil justice refers to:
The law of civil procedure, having to do with private
rights and remedies sought by civil action.

Social justice refers to:
Fundamental notions of fairness and cultural beliefs
about right and wrong. Different cultures/societies
have different ideas of justice.
Notions of Justice
TRUE STORY OF AN AMERICAN TOURIST: “Two years
ago, I lived in Singapore, and my apartment was
robbed. Recently, when I returned, I found that the
robber was sentenced to 10 years in prison and 10
strokes of the cane.”
This case shows just how differently
societies can view justice (Spain allows
gay marriage; Saudi Arabia bans females
from driving).
Notions of Justice
All societies have an idea of “justice.” “Social
justice” is the way that a society expresses
this idea. In the U.S., the two main branches
of social justice are 1) criminal justice and 2)
civil justice.

Criminal and civil justice are determined by the
broader beliefs of social justice

The kinds of justice seen in our nation’s criminal
and civil courts are a reflection of basic American
society’s views on right and wrong.
Versions of Justice
SOCIAL
CIVIL
JUSTICE
CRIMINAL
Is there anything about our justice system or laws
that seems distinctly “American” to you?
Due Process and Individual Rights

Due process refers to:
A right guaranteed by the Fifth, Sixth, and Fourteenth
Amendments of the United States Constitution. It
means that everyone is entitled to the same rights
and processes in the justice system.

Due process rights are outlined by the Bill
of Rights (the first ten and the fourteenth
Amendments to the Constitution).
Individual Rights Guaranteed by the Bill
of Rights

Innocent until proven guilty

To cross-examine witnesses

Against unreasonable seizure
of personal property

To speak and present
witnesses

Against self-incrimination

Against double jeopardy

To a fair questioning by the
police

Against cruel and unusual
punishment

To protection from physical
harm throughout the justice
process

To due process

To a speedy trial

To an attorney

Against excessive bail

To trial by jury

Against excessive fines

To know the charges

To be treated fairly, regardless
of group membership
The Role of the Courts in Defining
Rights

Rights are open to interpretation and can
be redefined by the courts.

This is one of the most important
purposes courts serve in the legal system.
The Ultimate Goal of Criminal Justice:
Crime Control through Due Process

Crime control model refers to:
Emphasizes the efficient arrest and
conviction of criminal offenders.

Due process model refers to:
Emphasizes individual rights at all stages of
justice system processing.
Crime Control and Due Process seem to be
in conflict with each other. How could they
work together to ensure justice?
DAILY RESPONSE
What about America’s version of social
justice (what’s considered legally right and
wrong in this country) do you disagree with?
Why?