Justice Archives - Page 18 of 39

Law 421 Final Essay

Posted on December 15, 2024 | by Laureen

Introduction:

The study of law is a journey that immerses individuals in a world of rules, regulations, and legal principles. Law 421 has been a transformative course, providing a comprehensive overview of various legal concepts and their practical applications. This reflective essay aims to explore my personal growth, knowledge acquisition, and the impact of Law 421 on my understanding of the legal system and its significance in society.

Knowledge Expansion:

Throughout the course, Law 421 has expanded my knowledge in diverse areas of law. I have gained a deeper understanding of contract law, intellectual property rights, torts, and the legal implications of business transactions. The comprehensive study materials, engaging discussions, and real-world case analyses have equipped me with the necessary tools to navigate legal issues and make informed decisions.

Practical Application:

One of the most valuable aspects of Law 421 was its focus on practical application. The course incorporated case studies, hypothetical scenarios, and interactive exercises that challenged me to analyze legal problems, identify relevant laws, and propose appropriate solutions. These practical exercises fostered critical thinking, problem-solving skills, and the ability to apply legal concepts to real-life situations.

Ethical Considerations:

Law 421 also emphasized the importance of ethics in the legal profession. Through discussions and case studies, I delved into the ethical dilemmas faced by legal professionals and the ethical principles that guide their decision-making. This exploration prompted me to reflect on my own ethical values and the significance of upholding integrity, fairness, and justice within the legal system.

Collaborative Learning:

Law 421 facilitated collaborative learning, providing opportunities to engage with fellow classmates and exchange diverse perspectives on legal issues. Group discussions, debates, and collaborative projects allowed for a rich exchange of ideas, fostering a deeper understanding of legal concepts through the exploration of different viewpoints. This collaborative environment enhanced my ability to consider alternative perspectives and appreciate the complexities inherent in legal debates.

Self-Reflection and Growth:

Engaging in the study of law through Law 421 has not only enhanced my legal knowledge but also facilitated personal growth. I have developed skills in legal research, analysis, and effective communication. Furthermore, the course has instilled in me a sense of confidence and empowerment, enabling me to approach legal matters with a greater level of competence and understanding.

Application Beyond the Course:

The knowledge and skills gained from Law 421 extend beyond the boundaries of the course itself. The understanding of legal principles, critical thinking abilities, and ethical considerations cultivated in the course can be applied to various aspects of life, including personal decision-making, professional interactions, and civic engagement. Law 421 has equipped me with the tools to navigate legal complexities and contribute positively to society.

Conclusion:

The journey through Law 421 has been transformative, expanding my legal knowledge, honing my critical thinking skills, and deepening my understanding of the legal system. The course’s focus on practical application, ethical considerations, collaborative learning, and personal growth has provided a well-rounded learning experience. Moving forward, I am confident that the knowledge and skills acquired in Law 421 will serve as a strong foundation for further exploration of the legal field and continue to influence my personal and professional endeavors.

Key Issues Within The Criminal Justice Profession Which Pertain To White Collar Crimes

Posted on December 15, 2024 | by Laureen

In this paper I will be discussing three key issues within the criminal justice profession which pertain to white collar crimes. The issues which will include: money laundering, racketeering and fraud. I will address the key points regarding these issues, create a time line from earlier crimes to crimes today as well as identify and describe multicultural and diversity issues. I will explain how members of society are aware of the duties and responsibilities within the criminal justice system. Explain the different perceptions of society, as well as the negative stereotypes associated with the criminal justice profession. Understanding how everyone is different and therefore have different cultures and beliefs that help officers of the court determine how best to proceed. To better understand the impact the criminal justice system has on society, it is vital that they understand how all of this works together to help create a better system.

Multiculturalism is defined as, “the policy or practice of giving overt recognition to the cultural needs and contributions of all the groups in a society, esp. of those minority groups regarded as having been neglected in the past” (Dictionary, 2014). Now ask yourself, how does this play a role in the criminal justice system? People have different beliefs in terms of cultural, religion, the thought process for how their government should work and even how their criminal justice system works. One group of people may think one thing is okay while another group see the same thing very differently. We as Americans experience this difference on a daily basis. America is a melting pot of differences, so we as a country are more exposed to it compared to other countries who may have very predominant beliefs. No matter how good someone might be at their job, situations that they are unfamiliar with, might make them feel uncomfortable. There are different ways that law enforcement officials can learn to be more comfortable, while helping the people they serve. A great example of this would be going beyond normal academy training. A more in-depth way is to seek additional training and classes on multiculturalism or classes on different ethnic groups. For example, some law enforcement agencies require that candidates be able to learn a secondary language. The same can be said for the issue on diversity. Officers can have a different approach for example, when serving the community, officers can try to be more personally relatable rather than professional. This could help by making the community feel more comfortable while maintaining the authority and respect they deserve as officers. A simple change in attitude can change the perception of a crowd, it can make them feel more eased rather than hostile. Now, how does this translate into the criminal justice system? Studies have shown that money laundering, racketeering and fraud are far more likely to happen in the upper in-come class of society rather than the lower in-come class of society. However, it can start in the lower classes of society, just in a different way.

Members of society have become more aware of the duties and responsibilities within the criminal justice system. The more society grows the more multicultural and diverse the United States becomes as mentioned before, the United States has become a melting pot of different cultures and diversities. Jeremiah Mosteller is a criminal justice reform policy liaison who has done some studies on the changes of policing in America. He had mentioned “The American public respect their local law enforcement agencies but have increasingly come to view police as warriors and enforcers, not guardians. In fact, almost a third of the public now view their local police as serving an enforcer role instead of a protector role” (Jeremiah Mosteller, 2018). While situation can be very different at times, it seems as if the way America polices now as compared to 20 years ago has had a major impact on society. It is the criminal justice professional’s duty, to make sure everyone is treated fairly and with the up most respect, maintaining and following all regulations both state and federal. Regardless of the crime committed, criminal justice professionals must treat every crime as different and maintain an unbiased presences, while making the best decision based off the circumstances and evidence of that specific crime. The members of society know and understand this. They hold law enforcement officials to this standard and when this standard is not met, society begins to develop the negative stereotypes associated with the criminal justice profession. This is a change that continues to happen slowly and has for the last 20 years.

Over the past two decades, there have been some wrongful acts committed by law enforcement officials. Society has noticed and its views have changed about law enforcement. Does it seem right to punish law enforcement officials or the criminal justice system as a whole because there were some who failed to maintain their bearings and integrity? No, just like it is unfair for the justice system to make judgment calls solely based on a person’s ethnic group, religion, or any other belief. We have seen this happen in the past, during the time when the mafia controlled major white collar crime organizations. More specifically, the mob or mafia was comprised of Italian-American members and this drew the attention of the law to anyone of this ethnicity. It was a common mistake but happened very often. White collar crimes are still a major factor in today’s society and some still think the mafia plays a big part. Recently, Gambino crime family leader, Frank Cali was gunned down just outside his home in Staten Island, NY. This marked the first targeted killing of a Mafia boss in the city since the death of the then head of the Gambino family, Paul Castellano, in 1985. The Mafia now consist of the Five Families, Gambino, Bonanno, Colombo, Genovese, and Lucchese. “After Gotti received a life sentence for murder and racketeering in 1992, the mob retreated to their caves,’ (Selwyn Raab, 2019). So how’s business? The Mafia moved back to their “bread and butter” after Gotti went down. Cali keep everything in the shadows to keep the eyes of the law away from him and the Gambino Family. The bread and butter for the Mafia consist of rackets: illegal gambling, loan-sharking, extortion, and drugs, mostly heroin. So will there always be white collar crimes? Yes, the criminal world see the risk to reward in favor of them, so white collar crime will most likely always be a part of American history and the history to come.

In closing, we now see that every aspect of criminal justice professions can be tied to one another. Society ties to crime, the crime to police, police to the courts and finally the courts to the corrections. Regardless if it is issues with society, multiculturalism and diversity, the duties and responsibilities of the criminal justice professionals or a little of everything, having a negative perception of the criminal justice system is something the criminal justice professional’s will have to always combat. In order for this issue to be fixed, the public and justice system must work together in harmony. The downside to that is, sometimes it only takes the mind and actions of one person to completely ruin all the hard work put forth on building a better relationship between the public and criminal justice professionals.

Law 421 Final Essay

Posted on December 5, 2024 | by Laureen

Introduction:

Knowledge Expansion:

Practical Application:

Ethical Considerations:

Collaborative Learning:

Self-Reflection and Growth:

Application Beyond the Course:

Conclusion:

Key Issues Within The Criminal Justice Profession Which Pertain To White Collar Crimes

Posted on December 5, 2024 | by Laureen

Restorative Justice: Effective Punishment Addressing The Implications Of Punitive Punishment

Posted on December 5, 2024 | by Laureen

As contentious as the idea of punishment may be, it is one of the most important factors in any society. In order to understand what punishment, it, it is important to understand why we punish individuals. Many scholars have various reasons to why and how we should punish. Some argue that punishment is used as a deterrence method which deters individuals in society from committing crime. Others argue that punishment is used for rehabilitating the offender by changing their attitudes towards deviance. Whatever the reason may be, it is prominent that punishment is a way to deal with an offender who has violated the moral values of society inscribed within the criminal code. Thus, Punishment is a social construction, as it changes over time. As the morals we hold, are often shifting so, do the way in which we punish and how we punish. In the past, punishment was often seen in the form of retribution which involved physical discomfort enforced by the state and viewed by the public. However, punishment has not always remained the same over history and constantly adapted to the social atmosphere of its time. In the present day, penal practices in Canada focus on punitive approaches to deal with offenders. As we attempt to control crime rates through punishment, we continue to use punitive measures to punish individuals in Canada. This paper will analyze current contemporary issues in Canada and display how the punitive measures are failing to effectively deal with wrongdoings, both in the criminal justice system and in school. Furthermore, it will propose alternatives approaches which focus on minimizing the effects for offenders, victims and the community. Punishment does not only impact the offender but has rippling effects on society as a whole. Thus, it is crucial to address the implications of punitive measures and offer new strategies which focus on reintegration and restorative justice which have less adverse consequences for all involved in the punishment process.

In order to understand how to effectively punish wrongdoings, we must address what needs to be fixed. Currently, in Canada we are heavily focused on punitive measures to deal with offenders, thus we need to acknowledge why we choose this approach. Canada has an increasing emphasis on legislation which advocates for punitive penal approaches in the criminal justice system. As Webster and Doob (2015) ague in their article, that Canada’s political parties have altered the perception of crime within the legislation. They argue that until 2006, political parties in Canada advocated that social factors were the determinants of crime (Webster & Doob, 2015, p. 303). However, with the 2006 election and win of the conservative party under Stephen Harper’s rule, the political atmosphere changed. Webster and Doob argue that the conservative party started to follow the footsteps of the United States America and advocate for prisons to be the most effective method to deal with crime (Webster & Doob, 2015, p. 309). Incarceration is the most severe sanction that can be inflicted on a person in Canada (Neil & Carmicheal, 2015, p. 309), yet it is used greatly on its population. Neil and Carmichael also argue how incarceration rates are even higher for minorities and indigenous communities in Canada (Neil & Carmicheal, 2015). Currently, legislation favors punitive action without looking at the consequences it has for offenders, the victims, and the community. These approaches are not only seen in the criminal justice system but in school disciplinary practices.

A way in which we can analyse the implications of punitive approaches is in schools. One of the increasing issues within Canada is its adaption of a punitive punishment-based school system. Lately, Canada has been following the footsteps of the United States as it increases the use of a more security-based school model. One which relies on the use of surveillance, monitoring and tracking to enforce rules in the institution. The implication of this is an increase of more punitive measures used to discipline youth in schools. A growing consequence of the security-based school is the school to prison pipeline (STPP). The school to prison pipeline is a concept used to depict approaches and practices, particularly regarding school discipline, in the government schools that decline the likelihood of school accomplishment for youth and result in the likelihood of negative life results (Kalmin, 2019). Some practices used by current schools within Canada which are used is the excessive reliance on disciplinary actions such as suspension and expulsion (Kalmin, 2019). These sanctions divert the youth from school, thus keeping them from obtaining their education, reducing chances of success in their future and increasing chances of involvement with the criminal justice system (Skiba, Arredondo, & Williams, 2014, p. 551). To illustrate, a study conducted on suspended students found that many suspended students who became delinquent later on in life did not engage in serious delinquency until their first suspension (Skiba, Arredondo, & Williams, 2014, p. 556). Punitive approaches to wrongdoings are not effective, rather they tend to have negative consequences for the offenders. In the case of the school, students who face disciplinary exclusion result in consequences that further decrease their chances of success in the future. Rather than focusing on punitive punishments, we must focus on alternative strategies which reduce negative effects for offenders and victims.

Punitive measures are not only seen in schools but also are prominent in the criminal justice system. Currently, our criminal justice focuses on incarcerating an individual as one of the main options, without looking at the adverse effects of incarceration. Another major factor which arises from punitive measures such as incarceration is stigmatization. Incarceration not only effects a person while they are in captivity, however its influences can follow an individual while they attempt to reintegrate into society. Stigma is when a person is labelled person and linked to an undesirable characteristic, in this context a criminal (Kalmin, 2019). Stigma for imprisonment makes it difficult for past offenders to have any positive involvement in the community. Being labelled as a criminal from the justice system results in many sectors of a person live being influenced. For example, it negatively influences their ability to obtain a job. Thus, making it difficult for offenders to change their lifestyles. Munn argues that stigma and labelling can lead to individuals to be further involved in future criminal behaviors (Munn, 2012, p. 168). Furthermore, stigma can become part of their personal identity as they begin to believe that they are what they have been labelled as (Kalmin, 2019). Prison is viewed as a simple answer to solve crime; however, it comes with many adverse effects for offenders. Current approaches focus on the belief that a crime is committed against the state, there is less involvement of the victims. Punitive approaches of crime fail to involve victims in the justice process which leaves the victim to deal with their own issue themselves. Thus, punitive measures tend not to acknowledge all parties concerns in the justice process. Overall, it can be understood that punitive measures are ineffective when punishing individuals, therefore the rest of the paper will analyse best practices such as reintegration, restorative and therapeutic justice which will reduce negative effects of punishment for the offender, victims and the community.

Stigma is one of the more detrimental consequences of confinement. Stigmatization follows an individual after their sentence and influences how people and they perceive themselves. Consequently, stigma presents various barriers for reintegration into conventional society. Braithwaite argues the criminal justice system is falling is due to the way in which society shames an individual (Braithwaite, 1996, p. 12). He outlines that the societies with the lowest rates of crime follow practices which effectively shame offenders, unlike stigmatization (Braithwaite, 1996, p. 12). Rather than shaming a person, society should develop a distinction between the person and the crime they committed. Society should express its disapproval of acts, rather than people. Prisons are places where individuals are stigmatized, thus the reliance on them for punitive measures only worsen the problem. Preferably we should develop alternatives which show disapproval of the “evil deed” rather than shaming the person as an ‘evil person” (Braithwaite, 1996, p. 12). Braithwaite (1996) argues that restorative justice can apply this technique through its practices.

Restorative justice can be defined as a practice which restores victims and is a more victim-based criminal justice system model (Braithwaite, 1996, p. 15). However, restorative justice, in addition, maintains an emphasis restoring on offenders and the community, something which our current system fails to do. Restorative justice model benefits all parties involved in the criminal justice system process as it effectively resolves issues by restoring victims and offenders. One way in which restorative justice is displayed is through justice conferences, where the offender and victim parties come together to meditate the issue that occurred. Rather than discussing issues through the criminal justice system, both parties can express their concerns about the crime that was committed. For offenders, this can be utilized to reintegrative shame them rather than stigmatization. As the offender must confront the victim(s) and comprehend how their actions affected the victim(s). Brathwaite argues that this process can restore dignity for the offender (Braithwaite, 1996, p. 18). As the offender often faces public shame from being arrested, this process can restore dignity as they have an opportunity to accept responsibility for their offence and apologize sincerely to the victim (Braithwaite, 1996, p. 18). Furthermore, as Berger argues, experiences of punitive punishments can include pain, loss, and suffering, which can frequently leave impacts on offenders that last more than just the sentence (Berger, 2015, p. 2). Consequently, restorative justice seems more fit of a way to address issues for offenders. Restorative justice practices advocate that rather than individual shaming in the courthouse, the defendant should be allowed to have social support from his family, thus it can reassure that what has been done has brought shame to the family (Braithwaite, 1996, p. 18). Rather then individual guilt, the offender can feel that he/she has someone with them supporting them rather than being alone on the stand.

Restorative justice is for offenders as it can hold them accountable for their actions and be shamed, rather than being stigmatized from the criminal justice system (Braithwaite, 1996, p. 15). Consequently, restorative justice has an emphasis on victim restoration, something which is missing in our current criminal justice system. Brathwaite urges that a victim suffers a loss of dignity and a sense of security when a crime is committed against them (Braithwaite, 1996, p. 15). Moreover, a victim may feel as they are disempowered from the event, such as robbery, a person may feel unsafe in their home or walking on the street. However, restorative justice aims to restore their sense of security and dignity loss. At conferences, victims are allowed to demonstrate how the crime affected them and their families. Furthermore, victims can listen to the accounts of the offenders and examine their perspectives of what occurred. Thus, restorative justice can act as a way to “restore harmony based on a feeling that justice has been done.” (Braithwaite, 1996, p. 18). As Daley demonstrates, victims who attended conferences retained more elevated levels of recovery from the offences compared to victims in court (Daly, 2002, p. 69). However, in practicality, restorative justice comes with its implications which need to be addressed. Daley (2002) argues that restorative justice practices are lenient towards offenders and leave victims dissatisfied. To illustrate, interviews of from offenders, victims and supporters, it was concluded that victims were the least satisfied group after conferences (Daly, 2002, p. 69). Moreover, 25% said they felt worse after the conference due to the leniency towards offenders (Daly, 2002, p. 69). As restorative justice does minimize the adverse effects of punitive measures, it still does not adequately address victims. Therefore, processes in restorative justice need to place an emphasis on victims as they represent the party who has lost the most. In Canada, we need to advocate for restorative justice practices that focus on allowing the victim to have a larger influence in the mediating process. These practices happen to benefit offenders; however, they need to be victim-oriented to achieve the harmony desired among all parties. Overall, restorative justice seems to be one the best and available practice to minimize effects of penal practices on offenders and victims.

In conclusions, punishment has and continues to remain a contentious issue in society. In the present day, we have attempted a variety of approaches to deal with wrongdoings in Canada and none have been perfect. However, as discussed in the essay, punitive approaches have become a norm in the Canadian criminal justice system. Excessive penal practices have also become prominent in dealing with youth in schools. Although the aim for these sanctions is to deter individuals from committing crime, it has adverse consequences for offenders, victims and the community. As discussed, punitive measures in Canada are ineffective when it comes to addressing the concerns of victims. Furthermore, they experience adverse consequences such as stigmatization which further act to punish offenders. Stigmatization also prevents a person from reintegrating into society. As follows, it is substantial to acknowledge further approaches of dealing with wrongdoings which minimize the effects of being punished. This paper provided various approaches such as reintegrative shaming, restorative and therapeutic justice to replace our current strategies. In addition, it outlined how they should be integrated into our criminal justice system. With the incorporation of these strategies, we can hope that it will at least minimize the consequences of punitive approaches used in Canada.

Bibliography

Berger, B. (2015). Sentencing and the Salience of Pain and Hope. Osgoode Hall Law School Legal Studies Research Series, 11(4), 1-23.
Braithwaite, J. (1996). Restorative justice and a better future. The Dalhousie Review, 76(1), 9-31.
Daly, K. (2002). Restorative justice The Real Story. Punishment & Society, 4(1), 55-79.
Kalmin, A (2019) PUNISHMENT CONTINUED: STIGMA, PAROLE AND REINTEGRATION [PowerPoint Slides] Retrieved from York University Moodle Youth crime 3656: https://moodle.yorku.ca/moodle/pluginfile.php/4041012/mod_resource/content/1/Week%206%20%20WEEK%207%20-%20Punishment%20in%20the%20CJS%20-%20Student%20View.pdf
Kalmin, A (2019) THE SCHOOL: DISCIPLINE, PUNISHMENT (AND PREVENTION?) [PowerPoint Slides] Retrieved from York University Moodle Youth crime 3656: https://moodle.yorku.ca/moodle/pluginfile.php/4173097/mod_resource/content/1/YC%5week%209%20slides.pdf
Munn, M. (2012). The Mark of Criminailty. In H. &. Bruckert, Stigma revisited: Implications of the mark (pp. 147-159). Ottawa: University of Ottawa Press.
Neil, R., & Carmicheal, J. (2015). The Use of Incarceration in Canada: A Test of Political and Social Threat Explanations on the Variation in Prison Admissions across Canadian Provinces, 2001–2010*. Sociological Inquiry, 309-332.
Skiba, R., Arredondo, M., & Williams, N. T. (2014). More Than a Metaphor: The Contribution of Exclusionary Discipline to a School-to-Prison Pipeline. EQUITY & EXCELLENCE IN EDUCATION,, 546-564.
Webster, C. M., & Doob, A. (2015). US punitiveness ‘Canadian Style’? Cultural Values and Canadian Punishment Policy. Punishment & Society, 299-321.

Rogerian Argument on Serving Justice by Killing a Murder

Posted on December 5, 2024 | by Laureen

The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes. The vast majority of individuals facing execution were convicted of crimes that are indistinguishable from crimes committed by others who are serving prison sentences, crimes such as murder committed in the course of an armed robbery. Since then, the debate if capital punishment should be allowed in our progressive society has raised. Only a handful of countries, including the United States, are currently implementing the death penalty, but many wonder if this is an effective way to approach this capital offense. Several people tune in into the debate, which discusses the positives and negatives of controversial topics that are relevant to our society. At first, capital punishment is misled to the beliefs of bringing justice to the affected families, less expensive than a life sentence, and fair. However, the death penalty is not morally right which leads to the need to nullify it because there are better ways to bring justice, it is expensive, and criminals have poor quality defense.

Supporters of the death penalty have valid points to maintain capital punishment. One of the valid points is that the affected families are getting justice for their loved ones like the saying “An eye for an eye”. Since the death penalty is quicker than sentencing the criminals to imprisonment for life it leads to the belief that there are fewer resources involved in the process making it cheaper because there’s no need to provide them with food, clothes, and medical assistance. The third most important point is that the accused is being trialed fairly because through the protection of the Constitution. However, an execution is a consequential decision and many factors need to be analyzed before our nation takes another life.

There are better ways to bring justice than capital punishment an example is life in prision. Life in prison is a better choice than death penalty, the “Fifth Amendment Argument” is not a valid reason, in which it states that death penalty is protected by the constitution, for keeping the peanalty. The American Civil Liberties Union (ACLU) stated that “the death penalty coasts more, delivers less, and puts innocent lives at risk”(n.p.). The ACLU defends the point that a sentence of life without parole would be a better option by being morally correct.

Additionally, the “Fifth Amendment Agurment” does not provide a reason to keep the death penalty and it is now considered “a legally prohibited cruel and unusual punishment” (Blocher 293). When ending someone’s life by capital punishment, is the same as committing a similar crime that got the criminal sentenced in the first place. The government is basically saying if a person kills someone, they will then be killed. This logic seems backwards if one of our nation’s goals is to reduce these crimes. Bryan Stevenson, JD, who is a Professor at New York University of Law, explains that no one, especially the government has the right to take someone’s life(ProCon). In order for both groups to understand each other, they need to fix the root of this issue: the crime itself.

Capital punishment is leaving the government broke due to its expenses for lethal shots. The “death-penalty system is so slow, inconsistent and inefficient that it costs far more than life-without-parole alternative”(Von Drehle 32). When a person is being trialed for death penalty it can take as long as twenty years plus the cost of the lethal shot in Texas 2012 the cost within one year went from $83 to $1300 leaving Texas with a $4.1 billion budget gap (Safdar). If Texas is willing to have a budget gap to buy the lethal shot a better investment is to improve the public school systems such as the teachers salaries, or even better pay for the affected families to go see a therapist that will help them to carry on with a peaceful life.

Lastly, it’s not a fair trial for everyone, especially to minorities, due to the lack of representation provided by the lawyers. Since the beginning of the US, it has been controlled by the people with wealth and—in most cases—white this are great assets when it comes to trials. Unfurtialy, not everyone has this quality that making us an easy target. Most of the trials against minorities African-american and Hispanics “adequate legal representation is rare” due to the amount of poverty this ethic groups suffer(Gill 23). By not having a good legal representation the criminal might get erroneous convicted an example is “3.3% to 5% of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions”(Honlam 153). “At least through the criminal justice lens, some lives are more valuable than others” when it shouldn’t be, but in reality we have never seen a white and wealthy men sent to die (Rizer 47). A trial “it is supposed to treat all equally, but the application of the death penalty—a final and irreversible punishment—has been proven to be unequally applied”(Harris).

The capital punishment is a way for criminals to escape their punishment, as well as being costly immoral, andunfaily process, this method is not an unacceptable sway to deal with pushinishing criminals. The people put on death row are the ones that have committed the most heinous crimes. It would be better to have them sit in prison for the rest of their lives, instead of ending it altogether. Since, no one knows where they go when they die, they could be taking the easy way out for their crime. By finding common ground between supporters and opponents of criminal punishment is going to take work but it is possible. Correctively, the groups could solve the problem of thriving crime rates. Instead of arguing about who is right when it comes to capital punishment, each group could use their strengths to combat crime. The supporters of capital punishment should consider the fact that justice is not served by killing criminals, and it is giving the government too much power to have the ability to end a life.

Works cited

Blocher, Joseph. “The Death Penalty and The Fifth Amendment.” Northwestern University Law Review Online, vol. 111, no. 1, 15 July 2016, pp.275-293. Academic Search Complete, web.ebscohost.comeztcc.edu:2048/ehost/detail/detail?vid=3&sid=8d907cc0-7a6c-46b79df0a39efc% 40sessionmgr4010&hid=4204&bdata=JnNpdGU9ZWhvc3QtbG12ZQ%3d%3d#AN-120553778& db=a9h.
Gill, Lauren. “Fighting for Life on Death Row.” Nation, vol. 308, no. 11, Apr. 2019, pp. 22–26. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=135730713&site=eds-live&scope=site.
ProCon. “Death Penalty ProCon.org.” Should the Death Penalty Be Allowed? ProCon.org, 2017.
Rizer, Arthur, and Marc Hyden. “A Dying Shame: The State Is Not God, and the Death Penalty Is Not Infallible.” American Conservative, vol. 17, no. 6, Nov. 2018, p. 47. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=f6h&AN=132395106&site=eds-live&scope=site.
Safdar, Khadeeja. “Legally Killing People Has Gotten A Lot More Expensive.” HuffPost, HuffPost, 31 Mar. 2012, www.huffpost.com/entry/lethal-injection_n_1391408.
“Senator Kamala Harris on California Death Penalty Moratorium.” U.S. Senator Kamala Harris of California, 13 Mar. 2019,www.harris.senate.gov/news/press-releases/senator-kamala-harris-on-california-death-penalty-moratorium.
“The Truth About Life Without Parole: Condemned to Die in Prison.” ACLU of Northern CA, 18 Oct. 2017, www.aclunc.org/article/truth-about-life-without-parole-condemned-die-prison.

Tax Avoidance: Distributive, Compensatory And Retributive Justice

Posted on December 5, 2024 | by Laureen

Introduction

West (2018) describes ethics as someone’s moral principles of good or bad behaviour where it’s not based on consequences of these actions. Another view of ethics involves having a sense of duty to do the right thing as a company and for others (Hoover and Pepper, 2015).

Tax avoidance is understood as deliberately sidestepping taxes to lower the tax paid to governments, this method is legal but not predicted by the government involved (www.ibe.org, 2013).

There are questions around the ethics of companies avoiding paying taxes where they can, some deem this practice as unethical due to the results on society when taxes are avoided. This Analysis will look at the professionalism of accountants, Justice in tax avoidance methods of Apple and how it can affect societies.

Professionalism

The role of the accountant in relation to company tax avoidance is outlined by IFAC (2020). They state that the accountant’s role has 5 main principles: Integrity, Objectivity, Professional Compliance and due care, Professional Behaviour and Confidentially.

This means that accountants should engage in these areas when accounting and should consider the implications for society and the company they work for. Accountants need to be honest, be professional and skilful, to not show bias and comply with all laws and regulations that an accountant and business should follow and lastly they should be confidential with the information they require to do their job effectively (IFAC,2020).

It’s the job of the accountant to confirm the correct taxes are paid by companies and determine that no company is illegally avoiding taxes (World Market Intelligence News, 2016). Accountants have a moral duty to deliver the correct information about taxes to not only the companies they work for but to society as well. This is because the actions of the accountants and companies regarding taxes will affect the society in which they are in (Stiglitz et al, 2020) and (Peston, 2013). It’s estimated that $100 billion annually has been taken away from developing countries due to corporate tax avoidance every year, this will affect the growth of these areas and therefore affects society(The Irish Times, 2019).

Regarding Apple in Ireland, the EU Commission claimed that €13 billion is owed to Ireland because of tax avoidance. However, it has been ruled that there was no illegal state aid and had in fact paid valid taxes due to the low tax rates Apple pays in Ireland at 12.5% (Stiglitz et al, 2020). The Apple accountants have therefore been honest in how to pay as low taxes as is legal, they have kept confidentiality, followed laws and been overall professional.

Justice

In this section I will analyse the justice of multinational tax avoidance in Ireland and in relation to Apple. Justice is a form of Teleological Ethics and applies that what is good depends on just how much of a good result is achieved (Hoover and Pepper, 2015). According to Gunnell and Walsh (2012), it’s widely viewed that companies shouldn’t pay more than they legally owe. It is because of this general rule that tax avoidance occurs, meaning that companies try to minimise the amount of taxes they owe in order to pay the least amount legally. This is essentially ‘The Duke of Westminster Approach’, although some people believe this should be modernised (Gunnell and Walsh 2012).

Apple are undergoing tax avoidance by setting up subsidiary companies in tax haven areas and transferring funds to these subsidiaries or they are also getting these subsidiaries to buy their own products from china and then upselling them in tow tax countries such as Ireland to then pay the lower corporation and income taxes here (Peston, 2013).

Distributive Justice

Distributive Justice is defined as highlighting equal allocations of outcomes (Chen, 2018) or as Brouwer and van der Deijl (2017), states it can be described as getting what we deserve from the community. Therefore, we should consider the justice and how it should be equally distributed throughout an area or community.

Today, taxes are not being distributed equally in individual countries due to global tax avoidance. This can be clearly seen in America, where corporation tax represented 32.1% of taxes (1952) but today, only 8.9% is represented in corporation taxes (Peston, 2013). Today, 40% of MNC’s profits are moved to low tax countries such as Ireland (Stiglitz et al, 2020). This indicates that there is tax avoidance occurring by moving money to offshore areas or low tax countries.

Apple has clearly done this in Ireland by only paying 0.005% of annual tax in some years (Stiglitz et al, 2020).

An important factor to consider is whether the countries economy is being affected. If some companies are taking advantage of the tax havens, then this leads to income inequality and can create a bigger income divide in society (Stiglitz et al, 2020).

Peston (2013), Argues that the MNC’s are causing poor growth in the area they expect to thrive in by avoiding taxes and therefore in turn diminishing funding that will help community growth. The Irish Times (2019) agrees that tax avoidance diminishes revenue for countries therefore, there is not enough funds for infrastructure and other government funded investments in society. Some people claim that if all corporation taxes where lower world-wide that it would encourage companies to invest back into society they are a part of by creating jobs and invest in community projects (Stiglitz et al, 2020).

Apple claims to pay all the taxes due in each country they are involved in and while they have received criticism for apparently reducing taxes paid in America, they claim to pay billions of dollars in overseas income at the American rate of 35% and also say they paid over 35 billion dollars globally on corporation tax in the last 3 years (www.Apple.com, 2017). Apple claims to have followed all laws regarding taxes and haven’t done anything illegal. They claim to have paid a world-wide income tax rate of 26.1% in 2016 (Guider et al,2016).

Compensatory Justice

Compensatory justice is when an unjust has occurred and the people are looking to correct something that has made them unequal to the rest of society (Asal and Sommer, 2019).

The EU Commission has brought the case against Apple and Ireland and they believe compensation is due (Guider et al, 2020). Apple owes Ireland more tax as well as other countries possibly having a claim on some of the taxes owed due to apple moving money earned elsewhere to offshore accounts. While the EU Court of Justice ruled on behalf of Apple and Ireland, the commission has vowed to repeal this decision because they believe Irish Society and government are owed compensatory justice (Guider et al, 2020)

Retributive Justice

Retributive justice is the idea that anyone who commits some form of a crime should be punished accordingly (Avraham and Statman, 2013).

It has been estimated that developing countries lose $100 billion annually due to corporate tax avoidance every year. This then in turn limits these countries spending on areas in need of revenue growth such as roads, healthcare and education (The Irish Times, 2019). Should these countries receive distributive justice for the loss of revenue?

In relation to Apple the deal they have with Ireland has been deemed legitimate by the EU Court of Justice, who state it is a sweetheart deal but not an illegal one (Guider et al, 2020). It can possibly been seen to be more of a punishment for society if Apple left Ireland because they were forced to pay back €13 billion, this would cause job losses in Ireland and reduce taxes paid to the Irish government significantly therefore, poorly affecting Irish society (Guider et al, 2020).

Overall, Apples tax avoidance is ethical because the EU Court of Justice has found no wrongdoing and no distributive, compensatory or retributive justice has taken place.

Conclusion

In conclusion, I believe Apple is acting ethically when they participate in multinational tax avoidance. They are not breaking any laws by paying the least amount of tax legally allowed and they still pay large amounts of taxes to various countries that they reside in. By being a part of so many countries Apple contributes to each society by job increases, taxes and community supports. Apples accountants, while helping them to avoid taxes where possible are being professional by keeping Apples affairs private and not disclosing information to outsiders. The accountants are keeping in mind the interests of the company while also following all laws and regulations in each country. There is also no distributive, compensatory or retributive justice shown because Apple have not broken any laws on tax.

Justice in War: Arguments For and Against

Posted on December 4, 2024 | by Laureen

All political orders throughout the world involve the use of force and violence either implicitly or explicitly. Each country has at least a well-trained military to represent or defend it in times of war. Every society depends on a systematic prejudgment which has to be defended even if it means the use of force (Held, Morgenbesser & Nagel 1974, 81). However, the question remains, is there justice in war? I believe the appropriateness of military force depends on the circumstance and the basis for the war. In an ideal society, the war would not be the best means for solving national and international conflicts and disagreements.

Von Ossietzky (1979, 12) believes that policymakers in a government or an international block need to reason when presented with an overwhelming threat to national/international peace. Von Ossietzky also acknowledges that it is sometimes difficult to come up with a fruitful agreement in discussions meant to adopt alternatives to war. Haass (2009, 3) asserts that governments always find it difficult to decide whether to employ military force or not except in clear-cut cases.

All the three positions, pacifism, realism and the just war tradition seems to agree that war is morally wrong, but is one of the options available for maintaining peace and solving conflicts between nations and international blocks. Although pacifism group disagree with the idea of war under whatever circumstance (Teichman 1986, 21), Albert Einstein, a military pacifist agree that war can sometimes be the solution to achieving peace (Von Ossietzky 1979, 10). Most pacifists argue that the destructions, casualties and death that result from wars can not be justified by any good intentions or results of war. The realist group believes that the use of military force is one of the options available in interstate or international conflicts.

The just war tradition supports this viewpoint and agrees that military force can be applied in certain circumstances. The question therefore is; when can military force be used to stop acts of injustices which violently disrupt peace in communities? The just war theory has always offered valuable guidance to policymakers or decision-makers and the military alike in times of conflicts or during wars. According to the theory, war has to be the last resort. It has to be guided by right intentions; the cause has to be just and must be sanctioned by a proper authority to avoid evil and achieve justice (McMahan 2005, 2). Again, there has to be a good chance of success.

The use of force and violence should be adopted as the last resort when all other non-violent methods available can not be applied to restore peace and justice or the desired result (Holmes 1989, 211) although this does not mean that all the available options have to be put into practice before finally deciding to go to war. Those who possess the power to make decisions in times of conflicts have to use the information available to weigh the cost-benefits of the war. They have to analyse whether the use of military force meets the criterion as well as the realistic prospects of success in the use of violence. Thus, those who are charged with making decisions in times of conflicts need to have specialised knowledge as well as information as regards to the effectiveness of war in that particular situation. There must be a reasonable prospect of success.

The use of military force is also justifiable if restoration of peace and justice is the just cause of the war. Wars of choice may also be justifiable. According to Haass (2009, 12), wars of choice are those that a country participates in even though it has no vital interest.

Military force should only be used as a way of helping the region return to peace. The strategies employed in the war should not be used to spread terror among the population or to increase unnecessary suffering and destructions. The weapons and military equipment used in the war should not cause irreversible damage to the environment or long-term impacts on the population (Holsti 1991, 137). Military force aimed at solving conflicts and achieving peace should not be characterised by what was witnessed in the US’s destruction of Hiroshima and Nagasaki in Japan in 1945, which claimed over 200,000 innocent lives (Walker 2005, 334). Use of such chemical and biological bombs as well as nuclear weapons is not legitimate, especially when used on an innocent population. The use of such weapons and technology is not ethically justifiable even if it can be used to achieve the desired result immediately. Thus certain classes of weapons have to be avoided.

The use of military force needs to be applied discriminately. The innocent and those who have surrendered need not be subjected to the violence (McMahan 2005, 13). Justice during the war is only achieved if the combatants and the innocent population are distinguished, and the latter are protected to avoid instances of double effect. Those identified as non-participants in the war, but are affected by the war need to be given some aid to enable them to continue with their lives, and their property equally protected from any form of military destruction (Best 1980, 189).

For war to be justifiable, it needs to promise good intentions, such as establishing peace and justice in a region where violence is the order of the day. The actual motivation of the war has to be morally appropriate. Wars motivated by revenge, ethnic hatred or conflict over control on vital resources are considered illegitimate and unjustifiable (Orend 2010). The war will only be considered justifiable if the reason for resorting to war is to pursue just cause (Elshtain 1992, 44).

Violence in another region could compromise peace and justice in other countries or regions. For example, Al-Qaeda and the Taliban, which had occupied and disrupted peace in Afghanistan and Pakistan threatened the life of the international community (Foreign Affairs 2011, 17). Such invasion by the US military is justifiable as it seeks to prevent more attack on civilians and potential mass murder of people in various countries. The cause of war should be strong enough to earn both domestic and international support.

The decision-makers who are also the policymakers have to convince the international community that the use of military force will help achieve more good for the majority at a lower cost as compared to what can be achieved through inaction, sanctions or diplomacy. Haass argues that considering these standards, the US’s second war on Iraq was not justifiable since more sanctions on Saddam could have worked (Haass 2009, 14). This means that a country also needs to consider the proportionality of the war. Before a country initiates a war, it has to weigh the expected benefits of the war against potential evils which include casualties. In a legitimate war, soldiers restrain their force to that which is proportional to its aim. Weapons of mass destruction must not be used in achieving legitimate military ends.

Any justifiable war must be ordered by a competent authority. The consequences of war are enormous, and therefore permission to go to war has to discussed and granted by the United Nations Security Council and opted for if considered the best alternative. Other international organisations such as NATO, EU or OAU may also decree military action in their regions of coverage. However, such international organisations are also subject to influence by major powers, who hold major stakes in them, to pursue their self-interest and not that of the warring parties.

Waging war risks lives of many, meaning that the decreeing authority or the UN should only settle on the military force after other policies have been tried and failed or deemed to be unfit for creating a long-term solution. In the event of a conflict, a country that is unable to abide by these requirements and goes to war is often regarded as lacking legitimacy. This was the situation recently experienced in Libya where the UN granted its military forces from various countries the permission to help protect innocent Libyan citizens from aggression by government-allied forces, restore peace and justice.

Going by the reasoning and the guidelines offered by the just war tradition, wars can sometimes be justifiable if it has a necessary cause and pursues a legitimate course. Several alternatives have to be considered before settling on military force. Again, the war itself has to be carefully handled to restore peace and justice and to avoid spreading terror, causing death and harm to innocent populations and destruction to their property.

Reference List

Best, G., 1980, Humanity in warfare. New York: Columbia University Press. p. 189.

Elshtain, J. B., 1992, Just war theory. Oxford: Basil Blackwell. p.44.

Foreign Affairs, 2011, How America can compete. Foreign Affairs Magazine, 90 (4).

Haass, N. R., 2009, War of necessity, war of choice: A memoir of two Iraq wars. Washington, DC: Council of Foreign elations. pp 3-17.

Held, V., Morgenbesser, S., & Nagel, T., 1974, Philosophy, morality and international affairs. New York: Oxford University Press. p.81.

Holmes, R., 1989, On war and morality. Princeton, NJ: Princeton University Press. p. 211.

Holsti, K., 1991, Peace and war: Armed conflicts and international order, 1648-1989. Cambridge: Cambridge University Press. p. 137.

Orend, B., 2010, War. The Stanford Encyclopaedia of Philosophy, Zalta, E. N, ed. Web.

McMahan, J., 2005, Just cause for war. Ethics and International Affairs, 19 (3): 1-21.

Teichman, J., 1986, Pacifism and the just war. Oxford: Basil Blackwell. p. 21.

Von Ossietzky, C., 1979, Bulletin of the atomic scientist. The Bulletin, 35 (3): 1-88.

Walker, J. S., 2005, Recent literature on Truman’s atomic bomb decision: A search for middle ground. Diplomatic History 29 (2): 334.

Statements about Justice

Posted on December 4, 2024 | by Laureen

Table of Contents

Introduction
To Kill a Mocking Bird
The Merchant of Venice
Conclusion
Works Cited

Introduction

For many years drama has been used as a means of altering social perception with regard to various social issues. For example, literature on the issue indicates that effective use of drama can change student attitude towards various pervasive issues such as bullying (Belliveau, 136). In this report an analysis will be performed on two classic texts to identify statements about justice woven within them. It is hoped that such statements can be crafted into plays and used to teach social justice throughout society.

To Kill a Mocking Bird

In this text one of the statements about justice that becomes apparent as the story builds is the presence of racial prejudice in Maycomb (Lee, 25). This is made evident by observing the description provided in the text about the trial of Tom Robinson. The accused is a black man and has been charged with the rape of Mayella Ewell, daughter of Bob Ewell. Despite the fact that there is little evidence that can conclusively prove guilt of the accused, the court proceeds to find him guilty and sentences him to prison.

The manner in which the trial is carried out and the judge’s attitude indicate that the trial of a black man especially in a case against a white lady was influenced to a large extent by expectations of the community instead of the facts. Further the reaction of the town people towards Atticus and his family after his decision to represent Tom indicate the existence of racial prejudice in the Maycomb community.

Another statement on justice that appears in the text is the lack of fairness in the Maycomb community. In the course of the trial it becomes apparent that despite the fact that Mayella has been raped and bruised, her bruises could only have been caused by a left handed individual (Lee, 26).

The text proceeds to establish that her Father, a drunkard is left handed and most likely is the perpetrator of the crime. This unfair trial is embarrassing to people such as Ms. Maudie who decline to attend (Lee, 26). Such suggestions in the text allow the conclusion that the text exhibits the absence of equality in provision of justice in Maycomb.

The people of Maycomb as portrayed in the text indicate that the community was not established in equality. This is witnessed in the scene that describes the common and respectable folk of the town ganging up and making an effort to lynch Tom Robinson. This attempt is only thwarted with the intervention of Atticus which sees him branded a “nigger lover” (Lee, 61).

This fact is further pointed out in an analysis of the facts of this era that indicates that during this period over 600 similar incidents were reported (Lee, 61). It is also indicated that these events were perpetrated by normal and respectable town folk alike in a bid to maintain the superiority of the Anglo Saxon race (Lee, 61). This information only goes further to prove the veracity of the story in relation to the era.

However, the story also provides a good example of statements about justice in the actions of Boo Radley. Following the embarrassing trial Bob Ewell vows to take revenge on Atticus and his family for allegedly damaging his reputation. In the events that follow an enraged Bob Ewell attacks the children Scout and Jem in a secluded spot (Lee, 69). In the confrontation that follows an unknown stranger comes to the children’s aid and saves the day.

This unknown stranger turns out to be the reclusive Boo Radley. In the course of the text this character has been portrayed as a reclusive individual lurking behind the shadows. This action by Boo to protect the rights of the innocent provides a bold statement about justice. Unfortunately in the process the attacker is severely injured and looses his life providing us with a situation that provides a mild statement on punishment of the guilty.

The Merchant of Venice

In the tragic comedy depicted in this text the theme of prejudice is indicated in the action of Antonio towards Shylock. In the text, Shylock, is in the business of lending money with interest to people of the town. Antonio is a rich merchant and also on occasion lends money to the town folk without interest. It is possible that the anti Semitic attitude Antonio exhibits by spitting on Shylock is as a result of unscrupulous business practices (Stevens and Shakespeare, 33). The Jews in Europe during this era were shrewd business people and as a result there was much envy between them and the local population.

The text also provides scenes that depict unfairness in society. This is witnessed in the text illustrating an encounter between Antonio and Shylock in a hearing on the debt owed by Antonio. On this occasion Shylock behaves unfairly probably in revenge for a past disagreement (Stevens and Shakespeare, 33).

The section of the text describes how Basanio upon hearing of his comrade’s dilemma rushes to his aid. In an attempt to resolve the issue Basanio offers to settle the debt by offering two times the principal amount. Shylock promptly refuses this offer stating that the contract between him and Antonio allows him to extract a pound of flesh as compensation.

Shylock in a statement that exhibits his unfairness by refuses to accept the offer by Basanio and insists on the extraction of flesh to repay the debt (Stevens and Shakespeare, 34). It should be noted that by law the duke is entitled to arbitrate and must see to the honoring of a contract. The duke is therefore bound by the contract despite Shylock’s unreasonable demands. This shows the degree to which the society regards the importance

The duke being bound by the contract accepts the efforts of intermediation by Balthazar. This Balthazar happens to be Basanio’s bride who in disguise makes a clever attempt to arbitrate (Stevens and Shakespeare, 134). The Duke by conceding to this option shows fairness in standing firm in enforcing a legal contract.

As earlier stated the Duke plays a role of the highest legal authority in the land. If the Duke were to allow Antonio to breach a contract that was legally made in his presence it would set a bad legal precedence. For this reason the Duke is forced to stick by the law with regards to contracts.

Fortunately for Antonio the clever plot by the impostors reveals a flaw in the legal contract. It is established that though the contract allows the extraction of flesh it makes no mention of blood (Stevens and Shakespeare, 166). The impostors thus demand that Shylock extract the pound of flesh without drawing any blood or risk forfeiting the debt.

This scenario also provides another example of fairness. Shylock having been adamant in receiving his due in the manner stated in the contract is unable to enforce it in the manner stated. What follows is Shylock grudgingly accepts defeat and accepts to receive cash payment in lieu of the debt. However, since he had declined it the law now requires he forfeits the full amount (Stevens and Shakespeare, 170). This also portrays a statement about fairness.

The text also provides a statement on prejudice on the occasion when Jessica, Shylock’s daughter elopes with Lorenzo (Stevens and Shakespeare, 64).

The young man, Lorenzo is a Christian and Jessica elopes with him taking a substantial amount of her father’s wealth in the process (Stevens and Shakespeare, 64). This fact that his daughter will convert to Christianity causes Shylock much anger suggesting his dislike for Christians. This fact is supported by Shylock’s statement on meeting Antonio describing his dislike for Christians (Stevens and Shakespeare, 28).

Conclusion

In this report the discussion presented has attempted to provide information that reveals various statements about justice woven into the text. Both texts can be used to represent communities around the world and their relations. It is possible that through observation of these communities and how they relate we too can learn to improve our present situation.

It has been reported that arts, especially drama can be a good medium for creating awareness and altering perceptions about perverse social issues. It is hoped that through the analysis of these texts our schools may be encouraged to seek new means to educate the young generation on social issues.

Works Cited

Belliveau, George. “An Art Based Approach to Teach Social Justice: Drama as a Way to Address Bullying in Schools.” International Journal of Arts Education 3.2 (2005): 136-165. Print.

Lee, Harper. To Kill a Mockingbird: Blooms Guides: Comprehensive Research and Study Guides. New York: Infobase Publishing, 2010.Print.

Stevens, John, and William Shakespeare. The Merchant of Venice. Clayton: Prestwick House Inc, 2005. Print.

The International Fields of Justice

Posted on December 4, 2024 | by Laureen

Table of Contents

International Justice
Letter to John Kerry the United States Secretary of State
Negotiating the Transition to Peace

International Justice

Double Standards

The critic’s assertion that International justice has engaged in activities that depict double standards is right. Critics of the International Criminal Court (ICC) have raised pertinent issues about the equity and biases of international justice. Notably, the perception of the double standards has developed since several leaders, which the ICC has arrested and charged in its courts, come from developing countries like Africa, Asia, and other marginalized regions of the world.

For example, former Liberian president Charles Taylor and other African leaders in Rwanda have received their sentences, while others like President Omar Al Bashir of Sudan and Kenyan president Uhuru Kenyatta is yet to face trial. The indictment and arrest of the leaders of these regions create an image of double standards in the minds of several people, who tend to believe that the ICC exercises double standards in the manner of conducting its operations.

The fact that few arrests take place in Europe and the North American continents further compounds the issue of double standards and clearly presents ICC as a court of justice exercising double standards. Various leaders and individuals indicted, those already sentenced, and those facing arrest come from countries in continents such as Africa and Asia. Augusto Pinochet, Muammar Gaddafi, and Omar Al Bashir are leaders who come from these countries in Arabia, Africa, and other developing countries of the world. Fundamentally, the continued arrest of the leaders of these regions compounds the situation and increases the distrust that several individuals develop towards the court of justice. The recent civil unrest witnessed in several Arab countries such as Libya and Egypt led to a regional protest from the various continents to pull out of the Rome statute.

Another element that presents the issue of double standards from the International Court of Justice is the location and the power given to the statute. The distant location creates a feeling that international bodies undermine the sovereignty and ability of democratic nations across the world to administer justice to the perpetrators.

Evidently, a number of international courts administering justice like the ICC have their main offices in regions such as the Netherlands, which are far from the most affected continents such as Africa and Asia. In addition, the long time taken by the courts to deliver the required sentences on the victims increases the level of distrust that people have on these international bodies of justice. The inefficiency of the justice system, the location of the courts, and the absence of transparency are some of the factors that have increased the double standards in the international bodies of justice.

Mechanism of Redress

The international fields of justice can employ aspects like delegation of duties, democracy, and transparency. Employment of these aspects is among the things that the international field of justice can do to address the challenge of double standards. The increasing number of genocides in several countries like Rwanda and Sierra Leone led to the creation of an international system of justice to administer the required justice on the perpetrators. However, with the increasing arrests and prosecution of leaders from African, Arabian, and Asian countries, the trust of international justice in line with aspects of impartial delivery of justice declines.

From the perspective of African, Asian, and Arabian countries, several individuals view the bodies exercising international justice like the ICC as bodies, which practice double standards. The warrant of arrest or summons issued to leaders in developing countries raises many questions regarding the double standards of the ICC. The recent protests and attempts made by African leaders to pull out of the Rome statute elucidate the serious need of the international justice systems to exercise equity and fairness in undertaking their mandate.

Delegation of duties to various countries of the world and transparency in the delivery of justice is very important in addressing the problem of double standards. Delegation of duties implies the act of creating offices in various countries of the world. Furthermore, a delegation of duties incorporates the act of giving countries of the world the opportunity to deliver the right sentences to the perpetrators in their home countries in accordance with the provisions of international justice.

Through delegation of duties and empowering countries of the world to sentence the perpetrators in their home countries, the trust that individuals have in international bodies of justice like ICC increases. Delegation of duties also reduces the perception held by several individuals concerning the issue of double standards. Transparency in the manner of executing justice materializes successfully through delegation of duties and clarity on justice delivery.

When the international bodies of justice delegate their roles to various courts in different countries and supervise their activities to ensure that they are in line with their provisions, the issues of transparency become evident. Therefore, double standards, which is a challenge facing international justice, reduces. In addition, a delegation of duties enables various countries across the world to develop their courts of justice and deliver impartial sentences in line with the provisions of international justice to perpetrators in their home countries.

Through the act of administering justice to perpetrators in their homelands, countries, and individuals have the opportunity to witness the proceeding and the process involved in justice delivery. As a result, the trust increases, and issues of double standards associated with international fields of justice reduce. The feeling that international bodies undermine sovereignty and democracy of independent countries by charging and arresting their leaders reduces when the countries get the chance to undertake the activity in accordance with the international provisions of justice.

Letter to John Kerry the United States Secretary of State

REF: The Development of the Extraordinary African Chamber

The case that the extraordinary African chambers handle is very important in the delivery of justice to the atrocities committed between 1982 and 1990 in Chad. The development of the chambers transpired due to the need to provide justice to victims of the crimes that the perpetrators committed during the period. The establishment of the chambers receives backing from the African Union and abides by the international standards defined by the government of Senegal. The purpose of establishing the chambers was to ensure that the individuals, who executed crimes such as torture, war, and genocide, receive the required sentences and jail terms in accordance with the provisions of international justice.

To affirm the significance of the case that the extraordinary African chambers undertake, the African Union decided that it should operate according to the provisions of international justice. Therefore, the chamber plays a significant role in solving the atrocities executed by the leaders, who killed, exterminated, or raped individuals during the period of 1982 to 1990. The need to bring the perpetrators to book took place because the victims suffered.

It is imperative to highlight that the only way to heal the wounds in the hearts of the victims is to ensure that they get the right system of redress for their grievances. Another factor that substantiates the importance of the case handled by the chamber is the justice and compensation on the victims of the mass destruction of property and imprisonment that they experienced during 1982 and 1990 in Chad. The Senegalese government acquired the mandate to undertake the required measures of justice delivery and ensure that the perpetrators and the victims receive impartial treatment.

To ensure that the chamber exercised its duties effectively, its structure and organization followed a professional design. The chamber has four main subsections, which facilitate the different roles that the chamber administers to the victims and the perpetrators of the crimes. The chambers include the investigating, indicting, trial, and the appeal chambers.

Notably, three of the four chambers that make up the extraordinary African chamber are in Dakar Court of Appeal. The location of the three chambers of the court in one site is very instrumental in smooth and efficient running of the duties that the chamber performs. The smooth running of the chamber’s daily operations enables the victims receive their right system of compensation and redress while ensuring that the perpetrators of the crimes are charged and sentenced according to the international standards of justice.

The judges working in the chambers are professionals, who have the required competencies and expertise in the field of law and on aspects regarding international law. As a result, the victims and the perpetrators receive the rightful treatment. By specializing in investigative, trial, appeal, and indicting chambers, the judges enhance their efficiency.

Specialization is very important as it helps the judges and the experts working in the chambers undertake their roles professionally and deliver justice accordingly. Significantly, the choice and selection of the judges focused not only on the competencies of the individuals but also on their characters and personalities. A combination of the character and competencies of the individuals increases the professional nature of the individuals selected, and thus, justice delivery becomes successful.

Significance of the Chamber

The role of chamber in addressing the challenges faced by the victims of atrocities executed in 1982 and 1990 in Chad is important. The chamber incorporates democracy and uses it to encourage the victims to present their grievances so that it helps them receive the desired justice. Through the aspect of democracy adopted by the chamber, victims of the atrocities can form groups and present their grievances to the chamber.

Moreover, the chamber plays an important role in providing the necessary protection to the witnesses, who give testimonies regarding the atrocities committed during the period. The democracy and liberty that the chamber provides make it a very important chamber in the delivery of justice that meets international and professional standards. One of the core objectives of the chamber is to ensure that the victims, who suffered from the atrocities directed at them, receive fair and impartial justice, while the perpetrators are charged and sentenced accordingly.

Another aspect that makes the chamber important and necessary in the fight for justice is its role in ensuring that the victims receive the right justice and fair compensation. To substantiate its commitment to fair compensation and justice for the victims, the chamber established a trust fund that helps the victims and beneficiaries.

Governments, non-governmental organizations, foreign institutions, and voluntary organizations provide grants and donations. Through the donations and grants, the organization is able to support the victims of the 1982 and 1990 atrocities and help them move on with their lives. The policies adopted by the chamber reflect its nature and intention to maintain international standards in the delivery of justice.

All the operations of the chamber are running smoothly and effectively and the judges are ensuring that the perpetrators and the victims receive fair and just treatment. In the course of justice delivery, the main undertakings of the chamber include fair treatment and compensation of the victims, as well as imprisonment of the perpetrators, who executed the criminal activities. Significantly, the chamber focus is about the atrocities performed in Chad during the period of 1982 until 1990.

However, the chamber has experienced a financial challenge, which acts as an impediment to the achievement of its operations. Therefore, the chamber requests for a donation of US$1 million from the United States. The request aims at raising the US$3 million required by the chamber to continue with its operations and successfully ensure that it executes justice efficiently. Presumably, the US$3 million will facilitate the chamber operations that include trial and appeal so that the chamber delivers justice accordingly.

Negotiating the Transition to Peace

Advantages and Drawbacks

Some of the potential advantages of prosecution include justice to the victims of atrocities and fair compensation. Evidently, prosecution helps the victims of atrocities such as those victims of criminal acts performed in Chad during the period of 1982 until 1990. Prosecution enables the victims to present their grievances and receive justice. When the prosecution has established that crimes against humanity happened, it can order perpetrators to compensate the victims accordingly. Through compensation, victims obtain a relief of the crimes committed against them.

Although the prosecution has advantages, which include justice and fair compensation, it has drawbacks such as continued violence, disrupted peace, and continued adversity in the respective countries. By prosecuting the leaders and other individuals involved in criminal activities, the courts do not completely solve the problem, but increase the levels of insecurity that the nations subsequently experience.

When the courts prosecute perpetrators of criminal activities, individuals, who are the followers of the prosecuted become dissatisfied, and thus, engage in a number of criminal acts like murder and violence. Therefore, the prosecution of individuals involved in criminal acts plunges a nation into a state of violence and instability involving followers of the prosecuted leaders and those, who support prosecution.

Libya, Egypt, and Iraq are some of the examples that clearly elucidate the effect that the prosecution has on the state of a nation and its stability. The repercussions of prosecution are often challenging for individuals can start aligning themselves in camps of those in favor of the prosecuted and those, who support prosecution. Hence, the drawbacks of prosecution are very detrimental as they affect the transition of affected nations into peace.

Amnesty Is an Option

Amnesty for alleged perpetrators of massive crimes against humanity is an option. The cause of massive atrocities is a complex issue that emanates from political, racial, and ethnic issues, which mere prosecution cannot address. Prosecution process mainly focuses on punishing the perpetrators and seeking justice for the victims, while amnesty aims to create peace and unity in the society. Peace and unity are basic outcomes of amnesty, which TRC aims to achieve.

The drawbacks of prosecution highlight the need of amnesty for the sake of peace and reconciliation among warring communities and factions. The course of prosecution ignores the essence of peace and reconciliation because it aims at apportioning blame to main perpetrators, but it leaves political, racial, and ethical issues unaddressed. In various jurisdictions like Chile, Rwanda, Libya, Iraq, and Egypt, the use of prosecution as a way of achieving justice has not been effective as warring factions continue to fight and cause further crimes against humanity.

The establishment of truth and Reconciliation Commission (TRC) in various jurisdictions underpins the importance of amnesty in reconciling warring communities or societies. The South African TRC examined crimes of apartheid and recommended for the reconciliation of different races in South Africa to avert the occurrence of further crimes against humanity in the form of retaliation. If the prosecution of the perpetrators occurs without reconciliation of the fighting groups, peace and unity will not flourish and thus creates a volatile ground for violence.

Comparatively, Chilean National Commission on TRC assessed crimes against humanity and recommended that the media, churches, and the judiciary should cooperate in the transitioning process of truth, justice, and reconciliation. This commission also underscores the essence of amnesty in creating harmonious society, where peace and unity exist. Although TRC pursues justice for the victims and perpetrators of crimes against humanity, it still recognizes amnesty as an option because it creates peace and unity among warring groups.

Key Elements of a Transitional Justice Program

When societies experience massive atrocities and violations against human rights, they require transitional justice to transform their lives from adversity to peace. The application of the transitional justice program provides justice to victims and promotes reconciliation, peace, and democracy among parties involved. Therefore, the key elements of the transitional justice program are criminal prosecutions, truth commissions, reparation programs, gender justice, security systems, and memorial centers. Each of the aforementioned key elements of transitional justice has its own unique role in restoring peace and reconciliation among the victims.

As the first element, criminal prosecutions focus on investigations and identification of the main perpetrators with a view of prosecuting them. The prosecution of the main perpetrators enables the victims to achieve justice for the crimes committed against them. Moreover, criminal prosecutions of main perpetrators act deterrence to the minor perpetrators, and thus, prevent them from committing additional crimes.

The second element is the truth commissions, which have the mandate of establishing causes of human atrocities and providing viable solutions in the form of recommendations. Truth commissions usually undertake independent investigations with the objective of providing insights of atrocities in the form of reports and preventing their occurrence. Since truth commissions have the authority of the state, they have power to summon individuals and interrogate them appropriately.

The third element is reparation programs, which aim to compensate victims of crimes against humanity. Reparation programs are essentially government-sponsored programs that help to restore structural and moral damages during and after the war. The fourth element is gender justice for it seeks justice for women abused sexually or endured gender-based violence.

The element of gender justice recognizes women are vulnerable to crimes against humanity. The fifth element is the security system reform as it seeks to transform police, judiciary, military, and other institutions from being instruments of repression into instruments that protect the interests of the public and offer appropriate services. As the sixth element, the establishment of memorial centers aims to elevate moral consciousness about past crimes and atrocities to make nostalgic memories that make people shun future aggression.