Justice is a very complex system that constantly changes over time and exists within the criminal justice system, making it very difficult to define (Dammer & Albanese, 2013). Many theorists have created justifications for the term, however, none have been accepted and recognised as the final definition of justice (Walklate, 2011). Furthermore, it is reasons like this that ‘justice' is viewed as being achieved or the process of justice is seen to be managed. In this court report, I aim to investigate the different concepts of justice by examining the punishment of offenders, the symbolism of justice and the role of the judge and victim in achieving these principles. The observations made in both the local and district court over the three-day period will be used as my examples, allowing me to conclusively provide a response to whether justice is being done or managed.
Key Terminology
To gain a better understanding of the concepts explored throughout the paper, it is fundamental to be able to understand the terminology. As stated above, defining justice is complex and difficult as we live in an unjust society and every politician argues their actions and decision are in justly and in the best interest of social justice (Reisch, 2002). Through the different definitions of justice, it was proven that there isn't just justice but there are justices as there can be many different just outcomes to fulfil the different wants and needs of both parties (Walklate 2011). However, the main concepts of justice for all includes the protection of our basic human rights. Justice is only achieved when an individual or society is at peace and satisfied with the outcomes of how the issue was handled. Most theorists propose different definitions of justice; Mill focuses on the consequences (Mill, 1975) while Rawls believes it is about fairness (Rawls 1958) and lastly Kant argues that justice is all about morality (O'Neil, 1996). Further proving that the different perspectives have individual's beliefs on what justice is all about.
The Symbolism of Justice
Lady Justice the most well-known symbol for symbolising justice and having a lot of meaning (Christie, 2000). The blindfold which covers her eyes represents equality as no one should be viewed differently and treated differently based on who they are. For example, what their religious, cultural and socio-economic background is or if they are educated or not should in no way determine the treatment, thus achieving justice within the criminal justice system (Barry, 1995). The scales that she holds, on one hand, portrays the significance of balance in achieving justice, balancing out both sides by giving them equal opportunities to prove themselves (Christie, 2000). The sword she yields symbolises punishment, conveying that justice can only be achieved where punishment exists. These concepts embodied within the lady of justice is evidently shown with the courtroom when comparing two cases from the local court (Case 1 and Case 2). In Case 1, the accused was a lower class African man and in Case 2 the defendant was an upper-class European man, both were unrepresented. The magistrate in both cases treated both men equally and lawfully by placing the evidence brought it in by the police and weighing it out on the scale. The magistrate then gave both sides the opportunity to speak for themselves and give reasons to why they believed they deserve a reduced punishment. The process in both Cases accordingly followed the concepts of Lady Justice, as the magistrate used the blindfold and did not allow the differences of the accused in Case 1 and Case 2 to impact the decisions based on their background. The magistrate further followed the concepts of lady justice by using the scales and weighing out both sides fairly and equally. The observations of Case 1 and Case 2 in the local court evidently proved justice being managed as the steps and process were taken were imitating Lady Justice.
Human Rights and Justice
Justice can only be achieved when the basic human rights of an individual are promoted in it (Merry 2009). This is evident in the courtroom process observed in Case 3. In this case, the human rights of a pregnant women were being abused as she wasn't in a suitable state to be in prison. The lawyers representing her argued that not only the health of her was deteriorating being in prison but the health of her unborn baby was at threat due to the limited resources the prison facilitated that weren't suitable for a pregnant lady. The magistrate viewed the evidence given by her lawyers evidently showing the decline in her and her unborn child's health and well-being. The magistrate was then convinced and did not refuse bail as it was breaching her basic human rights of not allowing her to access necessary medical care. Through many research conducted it was shown that prisons significantly impact the mental and physical health of women let alone pregnant women because prisons operate on a gender-neutral base policy (Hotelling, 2008). Case 3 evidently showed the importance of protecting human rights, both the lawyers and magistrate played their role in achieving this, thus it is evident that justice is being managed well within the criminal justice system.
Crime Control and Justice
To control crime and play a role in preventing further criminal behaviour being repeated is when justice is achieved (Rich, 1997). This derives from the crime control theory, a model that emphasises the idea of punishing offenders achieves justice as it controls crime (Gelsthorpe, 2004). In case 4, the observations made within the courtroom evidently followed the crime control theory. In this case, the accused was charged with hitting a female pedestrian on the zebra crossing, causing minor injuries. The magistrate strongly believed that the bail should be refused as the offender would repeat the crime as he would not be punished. The decision of the magistrate highlighted the importance of punishing the offender to control crime and prevent the crime from happening again in the future. The magistrate finished by saying "It is best to be punished for a criminal act so in the future you will remember the punishment and I hope this stops you from repeating it ever again." The magistrate's conclusion in Case 4 even further highlights the importance of punishment to control crime by explaining further why it is best for him to return to prison, thus controlling crime and managing justice.
Deterrence
Looking back at the previous argument in relation to the observations made in Case 4, the Magistrates final words were "It is best to be punished for a criminal act so in the future you will remember the punishment and I hope this stops you from repeating it ever again." This evidently emphasises the importance of deterrence in achieving justice and decreasing the rate of reoffenders. This further supports the utilitarian theory of justice, a theory which believes it is morally right to choose the punishment that will, in turn, be successful in deterring the crime (Harsanyi, 1985). Research reveals that about 60 percent of offenders in Australian prisons have previously been imprisoned (Australian Institute of Criminology, 2011) when these rates decrease it is when justice is being managed. The Bureau of Crime Statistics revealed that in 2013, 42.4% of offenders reoffended two years after being released from custody, slightly increasing by 0.4% since 2012 (NSW Bureau of Crime Statistics and Research, 2013). These figures show that the criminal justice process plays a significant role in deterring crime and proves that justice is being managed.
Role of the Judge
To assess whether justice is being managed or achieved within the criminal justice process it is vital to understand and familiarise yourself with the different roles played within the courtroom. Through the observations, I made within the Parramatta District Court, I could identify the significance of both the Judge and Victim within the courtroom and how they impact justice and its management. The Judge is an individual that independently observes if justice is being achieved through punishment. A judge has complete power to use discretion when sentencing (Kadish, 1962), to ensure that societies perfect view on justice is being achieved. The judge must also base their choice of the rule of law, principles-based of societies needs and wants which are governed by representatives chosen by the citizens to put these in place when managing the criminal justice process, creating a just and fair law (Speed, 2016).
Role of the Victim
The scales Lady Justice holds represents the significance of balance in achieving justice, balancing out both sides by giving them equal opportunities to prove themselves (Christie, 2000). The role of the victim in Case 5, a case in the local court involving a girl who was constantly being stalked and threatened by her ex-boyfriend. The girl spoke little English however, this did not limit her as she was given the opportunity to tell her side of the story about the trauma he had caused her through the help of the interpreter provided. This evidently highlights the importance of the concept of the scale held by Lady Justice (Christie, 2000), as both sides were given equal opportunity to speak up. The use of the interpreter could be used in a way to portray further how the criminal justice process manages justice fairly and equally. Also, allowing the victim to witness the action (punishment) taken towards to the offender, allowed the victim to achieve peace and further eyewitness justice being managed within the courtroom.
Conclusion
Through the observations made within both the district and local court, I could clearly identify how the different concepts of justice were implicated to manage justice. These were evidently portrayed through the different cases. The most well-known symbol of justice, Lady Justice is portrayed in both Case 1 and Case 2, revealing how justice is managed through using the scales to balance the evidence, using the blindfolds to treat both sides equally, and the sword to punish the offender justly (Christie 2000). Prioritising human rights in the criminal justice process will achieve justice (Merry 2009). Evidently shown in Case 3, where the rights of a pregnant lady were being abused as she was not suitable for prison as it did not provide her with necessary medical needs. To control crime and play a role in preventing further criminal behaviour being repeated is when justice is achieved (Rich, 1997). This derives from the crime control theory, a model that emphasises the idea of punishing offenders achieves justice as it controls crime (Gelsthorpe, 2004). This theory is implicated in case 4, the accused was charged with hitting a female pedestrian on the zebra crossing, causing minor injuries. However, the magistrate believed it was best that the bail is refused as the offender would repeat the crime as he would know that he would not be punished for his criminal actions. This also plays a part in deterring the criminal offence from occurring in the future. The different roles the judge and victim play when managing justice highlights the significance they play in the process. The judge having complete power to use discretion when sentencing (Kadish, 1962), to ensure that societies perfect view on justice is being achieved. Also, the role of the victim as clearly shown in Case 5, were the different language barriers did not limit the victim as she was provided with an interpreter further portraying how justice is managed. The different concepts of justice successfully implicated within the Australian criminal justice system proves that Justice is being managed.