A lawyer is a person who is qualified to offer advice about the law , draft legal documents, or represent individuals in legal matters.
137-402: Criminal justice is the delivery of justice to those who have been accused of committing crimes . The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police , prosecution and defense lawyers,
274-448: A legal monopoly over the profession. In some countries, litigants have the option of arguing on their own behalf. In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow
411-540: A punitive effect, social disapprobation, and potentially, deterrence , and occasionally disgorgement (forfeit of any gain, even if no loss was caused to the other party). Lawyer The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system , as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers , solicitors , conveyancers , notaries , canon lawyer — who perform different tasks related to
548-455: A scrivener or clerk may fill out court forms and draft simple papers for laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases. In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law . In
685-464: A sentence forms the final explicit act of a judge -ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment , a fine and/or other punishments against a defendant convicted of a crime . Laws may specify the range of penalties that can be imposed for various offenses, and sentencing guidelines sometimes regulate what punishment within those ranges can be imposed given
822-795: A " monopoly on the legitimate use of physical force ", which was exercised in the criminal justice case by the police. The first modern police force is commonly said to be the Metropolitan Police in London , established in 1829 by Sir Robert Peel . Based on the Peelian principles , it promoted the preventive role of police as a deterrent to urban crime and disorder. In the United States, police departments were first established in Boston in 1838, and New York City in 1844. Early on, police were not respected by
959-542: A broad field of legal matters. In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers. In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys. Lawyers in private practice generally work in specialized businesses known as law firms , with
1096-579: A certain set of offense and offender characteristics. The most common purposes of sentencing in legal theory are: In civil cases the decision is usually known as a verdict , or judgment, rather than a sentence. Civil cases are settled primarily by means of monetary compensation for harm done (" damages ") and orders intended to prevent future harm (for example injunctions ). Under some legal systems an award of damages involves some scope for retribution, denunciation and deterrence, by means of additional categories of damages beyond simple compensation, covering
1233-579: A chance to learn a vocation and thereby earn a legitimate living when they are returned to society. Religious institutions also have a presence in many prisons, with the goal of teaching ethics and instilling a sense of morality in the prisoners. If a prisoner is released before his time is served, he is released as a parole. This means that they are released, but the restrictions are greater than that of someone on probation. There are numerous other forms of punishment which are commonly used in conjunction with or in place of prison terms. Monetary fines are one of
1370-519: A criminal justice program at the University of California, Berkeley in 1916. Vollmer's work was carried on by his student, O.W. Wilson , who led efforts to professionalize policing and reduce corruption . Other programs were established in the United States at Indiana University , Michigan State University , San Jose State University , and the University of Washington . As of 1950, criminal justice students were estimated to number less than 1,000. Until
1507-452: A critical moment in the debate regarding the purpose of punishment. Punishment (in the form of prison time) may serve a variety of purposes. First, and most obviously, the incarceration of criminals removes them from the general population and inhibits their ability to perpetrate further crimes. A new goal of prison punishments is to offer criminals a chance to be rehabilitated. Many modern prisons offer schooling or job training to prisoners as
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#17328370027801644-551: A defined legal or territorial area of responsibility. The word comes from the Latin politia ("civil administration"), which itself derives from the Ancient Greek : πόλις for polis ("city"). The first police force comparable to the present-day police was established in 1667 under King Louis XIV in France, although modern police usually trace their origins to the 1800 establishment of
1781-431: A fair and equitable manner. This applies both at the individual level and at the organizational and societal levels. To illustrate these ideas, Plato describes a person as having three parts: reason, spirit, and desire. These parallel the three parts of a city in his philosophy, which he describes through the metaphor of a chariot: it functions effectively when the charioteer, representative of reason, successfully controls
1918-434: A few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991). In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality. In some fused common law jurisdictions,
2055-408: A form of reparations for lesser offenses. In Corrections, the department ensures court-ordered, pre-sentence chemical dependency assessments, related Drug Offender Sentencing Alternative specific examinations and treatment will occur for offenders sentenced to Drug Offender Sentencing Alternative in compliance with RCW 9.94A.660. Execution or capital punishment is still used around the world. Its use
2192-506: A government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next. In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above. In others, jurists or notaries may negotiate or draft contracts. Conveyancing
2329-528: A group of Quakers , these reforms were revived in Pennsylvania toward the end of the 18th century, and led to a marked drop in Pennsylvania's crime rate. Patrick Colquhoun , Henry Fielding and others led significant reforms during the late eighteenth and early nineteenth centuries. The development of a modern criminal justice system was contemporary to the formation of the concept of a nation-state, later defined by German sociologist Max Weber as establishing
2466-474: A large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields. In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. For example, unlike their Anglo-American counterparts, it
2603-543: A law degree have to undergo further education and professional training before qualifying as a lawyer, such as the Bar Professional Training Course . In other jurisdictions, particularly the United States and Canada, law is taught at the graduate level following the completion of an unrelated bachelor's degree. In America, the American Bar Association decides which law schools to approve for
2740-406: A lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and professional training. In many jurisdictions, passing a bar examination is also necessary before one can practice law. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in upholding
2877-537: A lawyer vary greatly across countries. In some countries, law is an undergraduate degree culminating in a bachelors or master's degree in law. In some of these jurisdictions, it is common or even required for students to earn another bachelor's degree at the same time. Where law is taught as an undergraduate degree, legal training after law school may comprise advanced examinations, apprenticeships, and additional coursework at special government institutes. For example, in many English common law jurisdictions, individuals with
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#17328370027803014-501: A license to practice. Some countries require a formal apprenticeship with an experienced practitioner, while others do not. A few jurisdictions still allow an apprenticeship in place of any kind of formal legal education, though the number of persons who actually become lawyers that way is increasingly rare. The career structure of lawyers varies widely from one country to the next. In most common law countries, especially those with fused professions, lawyers have many options over
3151-464: A political order. In the 19th century, utilitarian philosophers such as John Stuart Mill said that justice is served by what creates the best outcomes for the greatest number of people. Modern frameworks include concepts such as distributive justice , egalitarianism , retributive justice , and restorative justice . Distributive justice considers what is fair based on what goods are to be distributed, between whom they are to be distributed, and what
3288-513: A practice which was transferred to many countries in South America and Macau . In some jurisdictions, the term "doctor" has since fallen into disuse, but it is still in use in many countries within and outside of Europe. The title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in
3425-548: A prison, Le Stinche , existed as early as the 14th century in Florence , incarceration was not widely used until the 19th century. Correctional reform in the United States was first initiated by William Penn , towards the end of the 17th century. For a time, Pennsylvania 's criminal code was revised to forbid torture and other forms of cruel punishment, with jails and prisons replacing corporal punishment. These reforms were reverted, upon Penn's death in 1718. Under pressure from
3562-677: A series of rulings which redefined citizen's rights and substantially altered the powers and responsibilities of police and the courts. The Civil Rights Era offered significant legal and ethical challenges to the status quo . In the late 1960s, with the establishment of the Law Enforcement Assistance Administration (LEAA) and associated policy changes that resulted with the Omnibus Crime Control and Safe Streets Act of 1968 . The LEAA provided grants for criminology research, focusing on social aspects of crime. By
3699-558: A significant secondary role. Theories of distributive justice need to answer three questions: Distributive justice theorists generally do not answer questions of who has the right to enforce a particular favored distribution, while property rights theorists say that there is no "favored distribution". Rather, distribution should be based simply on whatever distribution results from lawful interactions or transactions (that is, transactions which are not illicit). In Anarchy, State, and Utopia , Robert Nozick said that distributive justice
3836-416: A similar distinction to the common law tradition exists between advocates and procurators . Because each country has traditionally had its own method of dividing up legal work among its legal professionals, it has been difficult to formulate accurate generalizations that cover all the countries with multiple legal professions. Other kinds of legal practitioners include: While some jurisdictions regulate
3973-469: A single global community with a shared morality. Social justice is also distinct from egalitarianism , which is the idea that all people are equal in terms of status, value, or rights, as social justice theories do not all require equality. For example, sociologist George C. Homans suggested that the root of the concept of justice is that each person should receive rewards that are proportional to their contributions. Economist Friedrich Hayek said that
4110-579: A single type of lawyer. Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below. In some jurisdictions descended from the English common law tradition, including England and Wales, there are often two kinds of lawyers. A barrister (also known as an advocate or counselor)
4247-479: A special class of legal professionals–the licensed conveyancer –is also allowed to carry out conveyancing services for reward. In many countries, only lawyers have the legal authority to draft wills , trusts , and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries, this responsibility is handled by civil law notaries. In many civil law countries, prosecutors are trained and employed as part of
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4384-496: A traditional preference for full-time law programs, while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs. Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time commitment, a concomitant scarcity of full-time law professors), incompetent faculty with underqualified credentials, and textbooks that lag behind
4521-609: A variety of fields and philosophical branches including ethics , rationality , law , religion , equity and fairness. The state may be said to pursue justice by operating courts and enforcing their rulings. A variety of philosophical and moral theories have been advanced to inform understanding of justice. Early theories of justice were set out by the Ancient Greek philosophers Plato , in his work The Republic , and Aristotle , in his Nicomachean Ethics and Politics . Religious explanations of justice can be grouped under
4658-823: A variety of special topics. A number of universities offer, bachelor's, academic minors, graduate certificates, master's, and doctoral degrees in Criminal Justice; Criminology, Law and Society; Administration of Justice ; or a specially designated Bachelor of Criminal Justice degree. Theories of criminal justice include utilitarian justice , retributive justice , restorative justice . They can work through deterrence , rehabilitation or incapacitation . The modern criminal justice system has evolved since ancient times, with new forms of punishment , added rights for offenders and victims, and policing reforms. These developments have reflected changing customs , political ideals, and economic conditions. In ancient times through
4795-541: A view of negative liberty, in the form of freedom from governmental interference. He further extends the concept of negative liberty in endorsing John Stuart Mills' harm principle: "the sole end for which mankind are warranted, individually and collectively, in interfering with the liberty of action of any of their number, is self-protection", which represents a classical liberal view of liberty. In political theory, liberalism includes two traditional elements: liberty and equality. Most contemporary theories of justice emphasize
4932-465: Is a form of fairness: an impartial distribution of goods. Rawls asks us to imagine ourselves behind a veil of ignorance that denies us all knowledge of our personalities, social statuses, moral characters, wealth, talents and life plans, and then asks what theory of justice we would choose to govern our society when the veil is lifted, if we wanted to do the best that we could for ourselves. We do not know who in particular we are, and therefore can not bias
5069-404: Is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as
5206-419: Is at times distinct from criminology , which involves the study of crime as a social phenomenon, causes of crime, criminal behavior, and other aspects of crime; although in most cases today, criminal justice as a field of study is used as a synonym for criminology and the sociology of law . It emerged as an academic discipline in the 1920s, beginning with Berkeley police chief August Vollmer who established
5343-514: Is commonplace. Some large businesses employ their own legal staff in a legal department. Other organizations buy in legal services from outside companies. In some jurisdictions, either the judiciary or the Ministry of Justice directly supervises the admission, licensing, and regulation of lawyers. Other jurisdictions, by statute, tradition, or court order, have granted such powers to a professional association which all lawyers must belong to. In
5480-400: Is considered further below, under ' Justice as Fairness '. The absence of bias refers to an equal ground for all people involved in a disagreement (or trial in some cases). According to utilitarian thinkers including John Stuart Mill , justice is not as fundamental as we often think. Rather, it is derived from the more basic standard of rightness, consequentialism : what is right is what has
5617-451: Is contemplated or is in progress. In these jurisdictions, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Some jurisdictions have made the violation of such a rule the crime of unauthorized practice of law . In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it
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5754-489: Is difficult for German judges to leave the bench and become advocates in private practice. Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. In a few civil law countries, such as Sweden, the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas. In many countries, lawyers are general practitioners who represent clients in
5891-464: Is in jeopardy of losing life and/or liberty. Those who cannot afford a private attorney may be provided one by the state. Historically, however, the right to a defense attorney has not always been universal. For example, in Tudor England criminals accused of treason were not permitted to offer arguments in their defense. In many jurisdictions, there is no right to an appointed attorney, if the accused
6028-660: Is irrelevant if they lack a license and cannot appear in court. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Singapore does not have any admission requirements for in-house counsel. Sometimes civil law notaries are allowed to give legal advice, as in Belgium. In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters. In virtually all countries, patents , trademarks , industrial designs and other forms of intellectual property must be formally registered with
6165-471: Is just, and what anyone else does or does not have or need is irrelevant. On the basis of this theory of distributive justice, Nozick said that all attempts to redistribute goods according to an ideal pattern, without the consent of their owners, are theft. In particular, redistributive taxation is theft. Some property rights theorists (such as Nozick) also take a consequentialist view of distributive justice and say that property rights based justice also has
6302-453: Is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and offer a final decision to dispose of a case. In the U.S. and in a growing number of nations, guilt or innocence (although in the U.S. a jury can never find a defendant "innocent" but rather "not guilty") is decided through the adversarial system . In this system, two parties will both offer their version of events and argue their case before
6439-443: Is not a matter of the whole distribution matching an ideal pattern , but of each individual entitlement having the right kind of history . It is just that a person has some good (especially, some property right ) if and only if they came to have it by a history made up entirely of events of two kinds: If the chain of events leading up to the person having something meets this criterion, they are entitled to it: that they possess it
6576-402: Is not in jeopardy of losing his or her liberty. The final determination of guilt or innocence is typically made by a third party, who is supposed to be disinterested. This function may be performed by a judge, a panel of judges, or a jury panel composed of unbiased citizens. This process varies depending on the laws of the specific jurisdiction. In some places the panel (be it judges or a jury)
6713-475: Is one of the most heavily debated aspects of the criminal justice system. Some societies are willing to use executions as a form of political control, or for relatively minor misdeeds. Other societies reserve execution for only the most sinister and brutal offenses. Others still have discontinued the practice entirely, accepting the use of execution to be excessively cruel and/or irreversible in case of an erroneous conviction. The functional study of criminal justice
6850-570: Is overwhelmingly important by arguing that it derives from two natural human tendencies: our desire to retaliate against those who hurt us, or the feeling of self-defense and our ability to put ourselves imaginatively in another's place, sympathy. So, when we see someone harmed, we project ourselves into their situation and feel a desire to retaliate on their behalf. If this process is the source of our feelings about justice, that ought to undermine our confidence in them. It has been said that 'systematic' or 'programmatic' political and moral philosophy in
6987-400: Is required to issue a unanimous decision, while in others only a majority vote is required. In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties. Some nations do not use juries at all, or rely on theological or military authorities to issue verdicts. Some cases can be disposed of without the need for a trial. In fact,
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#17328370027807124-416: Is the proper distribution. Egalitarians suggest justice can only exist within the coordinates of equality. Theories of retributive justice say justice is served by punishing wrongdoers, whereas restorative justice (also sometimes called "reparative justice") is an approach to justice that focuses on the needs of victims and offenders. Justice, according to Plato , is about balance and harmony. It represents
7261-455: Is the concept of cardinal virtues , of which it is one. Metaphysical justice has often been associated with concepts of fate , reincarnation or Divine Providence , i.e., with a life in accordance with a cosmic plan. The equivalence of justice and fairness has been historically and culturally established. In his A Theory of Justice , John Rawls used a social contract argument to show that justice, and especially distributive justice,
7398-546: Is the drafting of the documents necessary for the transfer of real property , such as deeds and mortgages . In some jurisdictions, all real estate transactions must be carried out by a lawyer. Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed, and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales ." In most common law jurisdictions outside of
7535-622: Is ultimately derived from and held by God . According to the Bible , such institutions as the Mosaic Law were created by God to require the Israelites to live by and apply God's standards of justice. The Hebrew Bible describes God as saying about the Judeo-Christian-Islamic patriarch Abraham : "No, for I have chosen him, that he may charge his children and his household after him to keep
7672-409: Is usually understood as some combination of talent and hard work. According to needs -based theories, goods, especially such basic goods as food, shelter and medical care, should be distributed to meet individuals' basic needs for them. According to contribution -based theories, goods should be distributed to match an individual's contribution to the overall social good. Social justice encompasses
7809-647: The Thames River Police in London , the Glasgow Police , and the Napoleonic police of Paris . Police are primarily concerned with keeping the peace and enforcing criminal law based on their particular mission and jurisdiction. Formed in 1908, the Federal Bureau of Investigation began as an entity which could investigate and enforce specific federal laws as an investigative and " law enforcement agency " in
7946-442: The courts and the prisons system. The criminal justice system consists of three main parts: In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society . The first contact a defendant has with the criminal justice system is usually with the police (or law enforcement ) who investigates the suspected wrongdoing and makes an arrest , but if
8083-443: The departments of France and is normally composed of three judges and six jurors, and has jurisdiction over more serious crimes . Justice Justice , in its broadest sense, is the concept that individuals are to be treated in a manner that is equitable and fair. A society in which justice has been achieved would be one in which individuals receive what they "deserve". The interpretation of what "deserve" means draws on
8220-437: The divine command theory , which holds that justice issues from God. Western thinkers later advanced different theories about where the foundations of justice lie. In the 17th century, philosophers such as John Locke said justice derives from natural law . Social contract theory, advocated by thinkers such as Jean-Jacques Rousseau , says that justice derives from the mutual agreement of members of society to be governed in
8357-482: The "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practicing, at a court at which they normally appeared and at their usual rates. Legal advice is the application of abstract principles of law to the concrete facts of the client's case to advise the client about what they should do next. In some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good consideration , even if no lawsuit
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#17328370027808494-460: The 1960s, the primary focus of criminal justice in the United States was on policing and police science. Throughout the 1960s and 1970s, crime rates soared and social issues took center stage in the public eye. A number of new laws and studies focused federal resources on researching new approaches to crime control. The Warren Court (the Supreme Court under Chief Justice Earl Warren ), issued
8631-481: The 1970s, there were 729 academic programs in criminology and criminal justice in the United States. Largely thanks to the Law Enforcement Education Program , criminal justice students numbered over 100,000 by 1975. Over time, scholars of criminal justice began to include criminology , sociology , and psychology , among others, to provide a more comprehensive view of the criminal justice system and
8768-849: The Inns of Court, with no undergraduate degree being required. Although the most common law degree in the United States is the Juris Doctor , most J.D. holders in the United States do not use the title "doctor". It is, however, common for lawyers in the United States to use the honorific suffix "Esq." (for " Esquire "). In French ( France , Quebec , Belgium , Luxembourg , French-speaking area of Switzerland ) and Dutch -speaking countries ( Netherlands , Belgium ), legal professionals are addressed as Maître ... , abbreviated to M ... (in French) or Meester ... , abbreviated to mr. ... (in Dutch). In Poland ,
8905-541: The Middle Ages, exile was a common form of punishment. During the Middle Ages , payment to the victim (or the victim's family), known as wergild , was another common punishment, including for violent crimes. For those who could not afford to buy their way out of punishment, harsh penalties included various forms of corporal punishment . These included mutilation , branding , and flogging , as well as execution . Though
9042-455: The U.S., such associations are known as mandatory, integrated, or unified bar associations . In the Commonwealth of Nations, similar organizations are known as Inns of Court , bar councils or law societies . In civil law countries, comparable organizations are known as Orders of Advocates, Chambers of Advocates, Colleges of Advocates, Faculties of Advocates, or similar names. Generally,
9179-715: The United States and around the world, with problem-oriented policing , intelligence-led policing , and other information-led policing strategies also adopted. Courts involved in adjudicating questions of French criminal law are organized in three tiers. In the first instance , there are the police court , the correctional court , and the Cour d'assises . The Police court ( tribunal de police ) hears contraventions (minor infractions like parking tickets). The Criminal court (also known as Correctional court , tribunal correctionnel ) hears délits , less serious felonies and misdemeanors. The Court of Assizes sits in each of
9316-401: The United States, India, and Pakistan. On the other hand, civil law jurisdictions do not have "lawyers" in terms of a single general-purpose legal services provider. Rather, their legal professions consist of a large number of different kinds of legally-trained persons, known as jurists , some of whom are advocates who are licensed to practice in the courts. In some civil law countries,
9453-529: The United States, this monopoly arose from an 1804 law that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys, and notaries. In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. In some civil law jurisdictions, real estate transactions are handled by civil law notaries. In England and Wales,
9590-503: The United States; this, however, has constituted only a small portion of overall policing activity. Policing has included an array of activities in different contexts, but the predominant ones are concerned with order maintenance and the provision of services. During modern times, such endeavors contribute toward fulfilling a shared mission among law enforcement organizations with respect to the traditional policing mission of deterring crime and maintaining societal order. The courts serve as
9727-532: The West begins, in Plato 's Republic , with the question, 'What is Justice?' According to most contemporary theories of justice, justice is overwhelmingly important: John Rawls claims that "Justice is the first virtue of social institutions, as truth is of systems of thought." In classical approaches, evident from Plato through to Rawls , the concept of 'justice' is always construed in logical or 'etymological' opposition to
9864-431: The accused against other people. This reduced sentence is sometimes a reward for sparing the state the expense of a formal trial. Many nations do not permit the use of plea bargaining, believing that it coerces innocent people to plead guilty in an attempt to avoid a harsh punishment. The courts nowadays are seeking alternative measures as opposed to throwing someone into prison right away. The entire trial process, whatever
10001-457: The accused has been found guilty. Like all other aspects of criminal justice, the administration of punishment has taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons, exile and execution were the primary forms of punishment. Historically shame punishments and exile have also been used as forms of censure. The most publicly visible form of punishment in
10138-429: The accused on the a legal process, likely outcomes for the accused and suggests strategies. The accused, not the lawyer, has the right to make final decisions regarding a number of fundamental points, including whether to testify, and to accept a plea offer or demand a jury trial in appropriate cases. It is the defense attorney's duty to represent the interests of the client, raise procedural and evidentiary issues, and hold
10275-432: The bar use the title "Avvocato", abbreviated in "Avv." Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law. In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court. In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have
10412-512: The best consequences (usually measured by the total or average welfare caused). So, the proper principles of justice are those that tend to have the best consequences. These rules may turn out to be familiar ones such as keeping contracts ; but equally, they may not, depending on the facts about real consequences. Either way, what is important is those consequences, and justice is important, if at all, only as derived from that fundamental standard. Mill tries to explain our mistaken belief that justice
10549-463: The best consequences overall (perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance). It also suggests that punishment might turn out never to be right, depending on the facts about what actual consequences it has. According to the utilitarian, justice requires the maximization of the total or average welfare across all relevant individuals. This may require sacrifice of some for
10686-440: The brain and that, "Fairness is activating the same part of the brain that responds to food in rats... This is consistent with the notion that being treated fairly satisfies a basic need". Research conducted in 2003 at Emory University involving capuchin monkeys demonstrated that other cooperative animals also possess such a sense and that " inequity aversion may not be uniquely human". Instrumental theories of justice look at
10823-412: The client and then brief a barrister, usually in writing. The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case. In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. In other civil law jurisdictions, like Japan,
10960-404: The client-lawyer relationship begins with an intake interview where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and shapes the client's expectations as to what actually can be accomplished. The second to last step begins to develop various claims or defenses for the client. Lastly,
11097-407: The community, as corruption was rampant. In the 1920s, led by Berkeley, California , police chief, August Vollmer and O.W. Wilson , police began to professionalize, adopt new technologies, and place emphasis on training and professional qualifications of new hires. Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and
11234-583: The community. Following urban unrest in the 1960s, police placed more emphasis on community relations, enacted reforms such as increased diversity in hiring, and many police agencies adopted community policing strategies. In the 1990s, CompStat was developed by the New York Police Department as an information-based system for tracking and mapping crime patterns and trends, and holding police accountable for dealing with crime problems. CompStat has since been replicated in police departments across
11371-640: The concept connecting law to justice, since law cannot be applied without reference to justice. In that context, justice is seen as 'the rationale and the ethical foundation of equity'. One approach towards equity in justice is community policing . Marxism is a needs-based theory, expressed succinctly in Marx's slogan " from each according to his ability, to each according to his need ". Relational justice examines individual connections and societal relationships, focusing on normative and political aspects. Rawls' theory of justice aims to distribute social goods to benefit
11508-415: The concept of equality, including Rawls' theory of justice as fairness. For Ronald Dworkin, a complex notion of equality is the sovereign political virtue. Dworkin raises the question of whether society is under a duty of justice to help those responsible for the fact that they need help. Complications arise in distinguishing matters of choice and matters of chance, as well as justice for future generations in
11645-458: The concept of injustice. Such approaches cite various examples of injustice, as problems which a theory of justice must overcome. A number of post-World War II approaches do, however, challenge that seemingly obvious dualism between those two concepts. Justice can be thought of as distinct from benevolence , charity , prudence , mercy , generosity , or compassion , although these dimensions are regularly understood to also be interlinked. Justice
11782-404: The concept of social justice was meaningless, saying that justice is a result of individual behavior and unpredictable market forces. Social justice is closely related to the concept of relational justice, which is about the just relationship with individuals who possess features in common such as nationality, or who are engaged in cooperation or negotiation. In legal theory , equity is seen as
11919-424: The consequences of punishment for wrongdoing, looking at questions such as: In broad terms, utilitarian theories look forward to the future consequences of punishment, retributive theories look back to particular acts of wrongdoing and attempt to match them with appropriate punishment, and restorative theories look at the needs of victims and society and seek to repair the harms from wrongdoing. According to
12056-418: The country, is fraught with problems and subject to criticism. Bias and discrimination form an ever-present threat to an objective decision. Any prejudice on the part of the lawyers, the judge, or jury members threatens to destroy the court's credibility. Some people argue that the often Byzantine rules governing courtroom conduct and processes restrict a layman's ability to participate, essentially reducing
12193-449: The course of their careers. Besides private practice, they can become a prosecutor , government counsel, corporate in-house counsel, administrative law judge , judge , arbitrator , or law professor . There are also many non-legal jobs for which legal training is good preparation, such as politician , corporate executive , government administrator, investment banker , entrepreneur , or journalist . In developing countries like India,
12330-418: The court (sometimes before a judge or panel of judges, sometimes before a jury). The case should be decided in favor of the party who offers the most sound and compelling arguments based on the law as applied to the facts of the case. The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime
12467-412: The court down as a result of their inexperience. Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts. Also, they draft legal papers and prepare for an oral argument. In split common law jurisdictions, the usual division of labor is that a solicitor will obtain the facts of the case from
12604-423: The current state of the law. Some jurisdictions grant a " diploma privilege " to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law. Mexico allows anyone with a law degree to practice law. However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving
12741-468: The decision in our own favor. So, the decision-in-ignorance models fairness, because it excludes selfish bias . Rawls said that each of us would reject the utilitarian theory of justice that we should maximize welfare (see below) because of the risk that we might turn out to be someone whose own good is sacrificed for greater benefits for others. Instead, we would endorse Rawls's two principles of justice : This imagined choice justifies these principles as
12878-508: The differences among social groups offers a better approach, one which acknowledges unjust power relations among individuals, groups, and institutional structures. Young Kim also takes a relational approach to the question of justice, but departs from Iris Marion Young's political advocacy of group rights and instead, he emphasizes the individual and moral aspects of justice. As to its moral aspects, he said that justice includes responsible actions based on rational and autonomous moral agency, with
13015-472: The divine command theory by Plato can be found in his dialogue, Euthyphro . Called the Euthyphro dilemma , it goes as follows: "Is what is morally good commanded by the gods because it is morally good, or is it morally good because it is commanded by the gods?" The implication is that if the latter is true, then justice is beyond mortal understanding; if the former is true, then morality exists independently from
13152-434: The effect of maximizing the overall wealth of an economic system. They explain that voluntary (non-coerced) transactions always have a property called Pareto efficiency . The result is that the world is better off in an absolute sense and no one is worse off. They say that respecting property rights maximizes the number of Pareto efficient transactions in the world and minimized the number of non-Pareto efficient transactions in
13289-515: The exception of English barristers. The vast majority of law firms worldwide are small businesses that range in size from 1 to 10 lawyers. The United States, United Kingdom and Australia are exceptions, home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s. Notably, barristers in England, Wales, Northern Ireland and some states in Australia do not work in law firms. Those who offer their services to members of
13426-408: The extent that human welfare involves them. But even then, such demands as human rights would only be elements in the calculation of overall welfare, not uncrossable barriers to action. Retributive justice argues that consequentialism is wrong, as it argues that all guilty individuals deserve appropriate punishment, based on the conviction that punishment should be proportional to the crime and for all
13563-545: The form of apprenticeships or special clinical courses. Others, like Venezuela, do not. A few countries prefer to teach through assigned readings of judicial opinions (the casebook method ) followed by intense in-class cross-examination by the professor (the Socratic method ). Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts. Some countries, particularly industrialized ones, have
13700-416: The general public—as opposed to those working in-house — are generally self-employed. Most work in groupings known as "sets" or "chambers", where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialized chambers this
13837-444: The gods, and is therefore subject to the judgment of mortals. A response , popularized in two contexts by Immanuel Kant and C. S. Lewis , is that it is deductively valid to say that the existence of an objective morality implies the existence of God and vice versa. Jews , Christians , and Muslims traditionally believe that justice is a present, real, right, and, specifically, governing concept along with mercy , and that justice
13974-405: The good of others, so long as everyone's good is taken impartially into account. Utilitarianism, in general, says that the standard of justification for actions, institutions, or the whole world, is impartial welfare consequentialism , and only indirectly, if at all, to do with rights , property , need , or any other non-utilitarian criterion. These other criteria might be indirectly important, to
14111-558: The guilty. However, it is sometimes said that retributivism is merely revenge in disguise. However, there are differences between retribution and revenge: the former is impartial and has a scale of appropriateness, whereas the latter is personal and potentially unlimited in scale. Restorative justice attempts to repair the harm that was done to the victims. It encourages active participation from victims and encourages offenders to take responsibility for their actions. Restorative justice fosters dialogue between victim and offender and shows
14248-517: The highest rates of victim satisfaction and offender accountability. Meta-analyses of the effectivity of restorative justice show no improvement in recidivism . Some modern philosophers have said that Utilitarian and Retributive theories are not mutually exclusive. For example, Andrew von Hirsch , in his 1976 book Doing Justice , suggested that we have a moral obligation to punish greater crimes more than lesser ones. However, so long as we adhere to that constraint then utilitarian ideals would play
14385-485: The individual as the proper bearer of rights and responsibilities. Politically, he maintains that the proper context for justice is a form of liberalism with the traditional elements of liberty and equality, together with the concepts of diversity and tolerance. The phrase " Justice delayed is justice denied " refers to the problem of slow justice. The right to speedy trial is in some jurisdictions enshrined. Higher quality justice tends to be speedy. In criminal law ,
14522-436: The judiciary. They are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes. The educational prerequisites for becoming
14659-408: The just relationship between individuals and their society, often considering how privileges, opportunities, and wealth ought to be distributed among individuals. Social justice is also associated with social mobility , especially the ease with which individuals and families may move between social strata . Social justice is distinct from cosmopolitanism , which is the idea that all people belong to
14796-433: The law, not for equality of outcome . Classical liberalism opposes pursuing group rights at the expense of individual rights . In addition to equality, individual liberty serves as a core notion of classical liberalism. As to the liberty component, British social and political theorist, philosopher, and historian of ideas Isaiah Berlin identifies positive and negative liberty in "Two Concepts of Liberty", subscribing to
14933-410: The law. Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations. Depending on the country, the education required to become
15070-402: The lawyer explains her or his fees to the client. In England, only solicitors were traditionally in direct contact with the client, but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. In most cases barristers were obliged, under what is known as
15207-413: The layman jurors. Judges themselves are very subject to bias subject to things as ordinary as the length of time since their last break. Manipulations of the court system by defense and prosecution attorneys, law enforcement as well as the defendants have occurred and there have been cases where justice was denied. Offenders are then turned over to the correctional authorities, from the court system after
15344-406: The legal process to a battle between the lawyers. In this case, the criticism is that the decision is based less on sound justice and more on the lawyer's eloquence and charisma . This is a particular problem when the lawyer performs in a substandard manner. The jury process is another area of frequent criticism, as there are few mechanisms to guard against poor judgment or incompetence on the part of
15481-521: The meaning of what is "deserved". The main distinction is between theories that say the basis of just deserts ought to be held equally by everyone, and therefore derive egalitarian accounts of distributive justice – and theories that say the basis of just deserts is unequally distributed on the basis of, for instance, hard work, and therefore derive accounts of distributive justice by which some should have more than others. Studies at UCLA in 2008 have indicated that reactions to fairness are "wired" into
15618-472: The modern era is the prison . Prisons may serve as detention centers for prisoners after trial. For containment of the accused, jails are used. Early prisons were used primarily to sequester criminals and little thought was given to living conditions within their walls. In America, the Quaker movement is commonly credited with establishing the idea that prisons should be used to reform criminals. This can be seen as
15755-403: The oldest forms of punishment still used today. These fines may be paid to the state or to the victims as a form of reparation. Probation and house arrest are also sanctions which seek to limit a person's mobility and his or her opportunities to commit crimes without actually placing them in a prison setting. Furthermore, many jurisdictions may require some form of public or community service as
15892-466: The parable of the ship to illustrate this point: the unjust city is like a ship in open ocean, crewed by a powerful but drunken captain (the common people), a group of untrustworthy advisors who try to manipulate the captain into giving them power over the ship's course (the politicians), and a navigator (the philosopher), the latter of whom being the only one who knows how to get the ship to port. Advocates of divine command theory say justice, and indeed
16029-428: The poor, but does not consider power relations, political structures, or social meanings. Even Rawls' self-respect is not compatible with distribution. Iris Marion Young charges that distributive accounts of justice fail to provide an adequate way of conceptualizing political justice in that they fail to take into account many of the demands of ordinary life and that a relational view of justice grounded upon understanding
16166-536: The principles of justice for us, because we would agree to them in a fair decision procedure. Rawls's theory distinguishes two kinds of goods – (1) the good of liberty rights and (2) social and economic goods, i.e. wealth, income and power – and applies different distributions to them – equality between citizens for (1), equality unless inequality improves the position of the worst off for (2). In one sense, theories of distributive justice may assert that everyone should get what they deserve. Theories vary on
16303-407: The prosecution to its burden of proving guilt beyond a reasonable doubt. Defense counsel may challenge evidence presented by the prosecution or present exculpatory evidence and argue on behalf of their client. At trial, the defense attorney may attempt to offer a rebuttal to the prosecutor's accusations. In the U.S., accused people are entitled to a government-paid defense attorney if the individual
16440-526: The purposes of admission to the bar. Law schools in the United States and Canada award graduating students a J.D. ( Juris Doctor ) as a professional law degree. In a handful of U.S. states , one may become an attorney (a so-called country lawyer ) by simply " reading law " and passing the bar examination, without having to attend law school first, although very few people actually become lawyers that way. The methods and quality of legal education vary widely. Some countries require extensive clinical training in
16577-431: The redistribution of resources that he advocates. Law raises important and complex issues about equality, fairness, and justice. There is an old saying that ' All are equal before the law '. The belief in equality before the law is called legal egalitarianism. In criticism of this belief, the author Anatole France said in 1894, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in
16714-454: The right relationship between conflicting aspects within an individual or a community. He defines justice as everyone having and doing what they are responsible for or what belongs to them. In other words, a just person is someone who contributes to society according to their unique abilities and receives what is proportionate to their contribution. They are in the right place, always striving to do their best, and reciprocating what they receive in
16851-766: The root causes of crime. Criminal justice studies now combine the practical and technical policing skills with a study of social deviance as a whole. Criminal justice degrees are offered at both the two-year community college and four-year university level. Community college criminal justice programs include the Associate of Arts (AA), Associate of Science (AS), and the Associate of Applied Science (AAS) degrees. Criminal justice degree programs at four-year institutions typically include coursework in statistics, methods of research, criminal justice, policing, U.S. court systems, criminal courts, corrections, community corrections, criminal procedure, criminal law, victimology, juvenile justice, and
16988-566: The rule of law, human rights, and the interests of the legal profession. Some jurisdictions have multiple types of lawyers, while others only have one or two. England, the mother of the common law jurisdictions, emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors . Several countries that originally had two or more legal professions have since fused or united their professions into
17125-417: The streets, and steal loaves of bread." With this saying, France illustrated the fundamental shortcoming of a theory of legal equality that remains blind to social inequality; the same law applied to all may have disproportionately harmful effects on the least powerful. According to meritocratic theories, goods, especially wealth and social status , should be distributed to match individual merit , which
17262-415: The suspect is dangerous to the whole nation, a national level law enforcement agency is called in. When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order . The term is most commonly associated with police departments of a state that are authorized to exercise the police power of that state within
17399-540: The theory that justice is part of natural law (e.g., John Locke ), justice inheres in the nature of man. In Republic by Plato , the character Thrasymachus argues that justice is the interest of the strong – merely a name for what the powerful or cunning ruler has imposed on the people. Advocates of the social contract say that justice is derived from the mutual agreement of everyone; or, in many versions, from what they would agree to under hypothetical conditions including equality and absence of bias. This account
17536-489: The title Mecenas is used to refer to advocates and attorneys at law, although as an informal title its status is not protected by law. In South Africa and India, lawyers who have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Lawyers who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney". Likewise, Italian law graduates who have qualified for
17673-504: The two horses, symbolizing spirit and desire. Continuing on these themes, Plato theorizes that those who love wisdom, or philosophers , are the most ideal to govern because only they truly comprehend the nature of the good. Just like one would seek a doctor's expertise in matters of health rather than a farmer's, so should the city entrust its governance to someone knowledgeable about the good, rather than to politicians who might prioritize power over people's genuine needs. Socrates later used
17810-431: The use of the title "lawyer", others do not. Historically, lawyers in most European countries were addressed with the title of doctor. The first university degrees , starting with the law school of the University of Bologna in the 11th century, were all law degrees and doctorates. Therefore, in many southern European countries, including Portugal, Italy and Malta, lawyers have traditionally been addressed as "doctor",
17947-444: The utilitarian, justice is the maximization of the total or average welfare across all relevant individuals. Utilitarianism fights crime in three ways: So, the reason for punishment is the maximization of welfare, and punishment should be of whomever, and of whatever form and severity, are needed to meet that goal. This may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have
18084-401: The vast majority are. If the accused confesses his or her guilt, a shorter process may be employed and a judgment may be rendered more quickly. Some nations, such as America, allow plea bargaining in which the accused pleads guilty, nolo contendere or not guilty, and may accept a diversion program or reduced punishment, where the prosecution's case is weak or in exchange for the cooperation of
18221-427: The venue where disputes are settled and justice is then administered. With regard to criminal justice, there are a number of critical people in any court setting. These critical people are referred to as the courtroom work group and include both professional and non professional individuals. These include the judge , prosecutor , and the defense attorney . The judge, or magistrate, is a person, elected or appointed, who
18358-457: The way of the Lord by doing righteousness and justice;...." ( Genesis 18:19, NRSV) . The Psalmist describes God as having "Righteousness and justice [as] the foundation of [His] throne;...." (Psalms 89:14, NRSV). The New Testament also describes God and Jesus Christ as having and displaying justice, often in comparison with God displaying and supporting mercy ( Matthew 5:7). For advocates of
18495-405: The whole of morality, is the authoritative command of God. Murder is wrong and must be punished, for instance, because God says it so. Some versions of the theory assert that God must be obeyed because of the nature of God's relationship with humanity, others assert that God must be obeyed because God is goodness itself, and thus doing God's command would be best for everyone. An early meditation on
18632-425: The world (i.e. transactions where someone is made worse off). The result is that the world will have generated the greatest total benefit from the limited, scarce resources available in the world. Further, this will have been accomplished without taking anything away from anyone unlawfully. Equality before the law is one of the basic principles of classical liberalism . Classical liberalism calls for equality before
18769-454: Was committed and to detail what evidence has been found which incriminates the accused. The prosecutor should not be confused with a plaintiff or plaintiff's counsel. Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in civil proceedings. A defense attorney counsels
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