honesty v justice

Running Head : HONESTY VERSUS JUSTICE

Honesty versus Justice and Due Process

versus Crime Control (Name (University

Honesty versus Justice and Due Process versus Crime Control

This has two parts . The first part of this shall deal with the question of the place of honesty in a justice system . The second part shall deal with the conflict between due process and crime control A rejoinder of the two issues shall comprise the postscript of this br

I

The question of the place of honesty in a system that promotes justice has

spurred constant discussion in the field of Criminal Justice . The very question revolves around the problem of the extent that honesty could be skipped in the name of the pursuit of justice . This issue becomes very stark especially when the issue of the use of deception is used to be able to gain enough evidence , and therefore to pursue justice , in a criminal case . Could policemen reasonably use deception to get incriminating evidence ? To be able to sufficiently discuss this problem , this shall first deal with the concepts of justice and honesty . Afterwards , this shall discuss the more concrete case of the use of deception in undercover investigation for a more concrete picture of the problem . Then , a short conclusion shall follow

Retributive justice refers to a systematic infliction of punishment justified on grounds that the wrongdoing committed by a criminal has created an imbalance in the social that must be addressed by action against the criminal (O 'Connor , 2006 . In this system , a criminal who , in accordance with the Model Penal Code purposely negligently , knowingly , and recklessly created a certain imbalance by committing a criminal act ought to be rehabilitated through punishment One thing that ought to be clarified is the fact that in the retributive system , rehabilitation does not refer to concrete restoration of what was lost from the victim (this is restorative justice instead , what is rehabilitated is the effect that a criminal act has on the state . It espouses a legalist morality wherein a punishment has to be done not to appease the emotional or physical trauma that a crime has done but plainly that the necessity of punishment under retributivism must be done for no other reason than it needs to be done -- cold , emotionless and out of consideration for the state 's `will to power ' the motive of power being the only motive worthy of ethical admiration (O 'Connor 2006 . In contrast to how many think of retribution as taking revenge retributive justice refers to plainly giving punishment because the state has to do so in accordance with its moral code (that has to be observed at all times , a legalist perspective of morality , and what has to be rehabilitated is the state 's power that gets imbalanced once a criminal act is done . This is not the state aiding in the vengeance of the victim this is plainly the state doing what it should , as the law...