NCJ Number
111589
Date Published
1987
Length
18 pages
Annotation
The law provides two major components: the protection of the people and the provision of a negative framework for the regulation of behavior in a civilized society.
Abstract
However, the law cannot entirely effect justice if 'justice' means a change of heart and perception on the part of the wrongdoer. According to the Judaeo-Christian tradition, justice involves putting wrongs right within the community. It is about people being equal before justice. It is about what happens to people within a covenant or contract and, as far as possible, outside litigation. Justice is phenomenological, not deductive; dynamic, not static; spiritual, not legal. It is about the creation of a quality of life in which offenders can face the consequences of their actions and take responsibility for their lives within the community. This notion of justice, however, is not the primary one within the judicial system. The criminal justice system is largely geared to processing offenders in terms of how much punishment, deterrence, or treatment is necessary for a given offense. This approach divorces the offender from his offense and fails to consider the victim and the community. A prophetic approach to criminal justice would argue for more justice and less law. It would emphasize reparation and reconciliation, and it would see the community as the primary place for righting wrongs and use custodial sanctions only when necessary to the protection of the public. 21 footnotes and 13 references.