ASJ 544 W2
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SUMMATIVE ASSESSMENT: THE CONCEPTS OF JUSTICE
Keishla M. Del Valle-Nieves
University of Phoenix
AJS/544: ETHICS IN JUSTICE AND SECURITY
Week 2
October 16, 2023
Prof. Monty Spencer
SUMMATIVE ASSESSMENT: THE CONCEPTS OF JUSTICE
Justice is a fundamental concept based on moral values that encompass ethics, law,
impartiality, rationality, equity, and fairness. Philosophers have attempted to define justice and
its nature, which is both a moral virtue of character and a desirable quality of political society.
The different views of justice impact all aspects of the justice system and have far-reaching
consequences for society. Aristotle proposed distributive and procedural justice, with
procedural justice impacting wrongful convictions and moral perceptions of racial
discrimination. The justice system in use today is based on older justice theories.
Aristotle’s Ethical Ideas
Aristotle, the pioneer scientist, shaped philosophy and science through diverse
disciplines. His ethical concepts, spanning distributive and corrective justice, emphasize fair
resource allocation and rectifying wrongs. Procedural justice ensures fairness in processes
related to resource allocation, fostering trust between citizens and law enforcement. It includes
internal and external procedures in law enforcement, promoting fairness in dispute resolution.
Substantive justice focuses on just behavior according to social norms, vital in the criminal
justice system. Aristotle's ethics emphasize virtuous character and happiness rooted in
intellectual capacity. Distributive justice, influenced by societal consensus, relies on geometric
proportionality and individual merit. Contractualism, inspired by Aristotle, seeks just political
power through citizen consent. Active citizenship aligns with Aristotle's equity principle in legal
justice, challenging laws while obeying them. The 20th century questioned the assumed link
between technical progress and moral development, challenging foundational beliefs in
historical philosophies.
SUMMATIVE ASSESSMENT: THE CONCEPTS OF JUSTICE
Substantive & Procedural Justice
Substantive justice, guided by the rule of law, determines appropriate punishment for
crimes, emphasizing the concept of just deserts. In contrast, procedural justice ensures a fair
process leading to punishment (Pollock, 2019). Procedural justice can lead to wrongful
convictions, especially for disadvantaged individuals, exemplified by the Central Park Five case.
Wrongful convictions can result from innocence or procedural errors violating the defendant's
rights ("Wrongful Convictions," 2021). Racial disparities in policing, influenced by officers'
perceptions, impact procedural justice and public perceptions of fairness. Individuals'
perceptions, shaped by experiences and others' views, affect decisions. For example,
perceptions of racial discrimination in policing affect fairness and legitimacy perceptions. Cases
like the Central Park Five and Brian Banks highlight wrongful convictions and racial
discrimination perceptions, raising questions about the justice system's integrity.
The story of the Central Park Five was the prime example of wrongful convictions based
on the color of one’s skin and true unethical misconduct displayed by personnel of the criminal
justice system (history.com editors, 2019). This case highlighted racial disparities, police
coercion, and procedural failings in the justice system. The five black young men ranged from
ages 14-16 and were accused of the brutal rape of a white woman. The young men, who had
been in the park earlier, were all detained and illegally questioned without legal guardians
present. This subsequently led to the illegal, coerced confessions that soon followed. Together,
the young men spent between six to 13 years behind bars before being exonerated based on
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SUMMATIVE ASSESSMENT: THE CONCEPTS OF JUSTICE
DNA records. The men were eventually paid a hefty settlement for their pain and suffering;
although, it does not change the miscarriage of justice.
Procedural justice was miscarried in this case and the young men were not given a fair
opportunity to clear their name. The pressure the local precincts were experiencing from the
public and the media hastened the decision-making and procedural process. As a result, five
innocent young men spent years behind bars and away from their families. Unfortunately, the
Central Park Five case is not the first or last of wrongful convictions in this country (history.com
editors, 2019).
Another example of this is the case of Brian Banks. During the summer of 2002, Brian
Banks received a scholarship offer from USC. On July 8
th
, 2002, he encountered his friend
Wanetta Gibson, They hugged and went to a make-out area of the building and later that day,
he was arrested, in prison custody, and unable to post a million-dollar bail accused of raping and
kidnapping Gibson on school grounds. Despite being tried as an adult, he rejected plea deals
ranging from nine to twenty-five years in prison. His attorney guaranteed probation if he
accepted the deal; if not, he faced a life sentence. Banks chose not to accept the deals and
served ten years in prison, losing crucial years behind bars and under house arrest. According to
Myers (2015), Banks said he was told on the day the jury was selected that he had no chance in
the trial because he was a big, black teenager, the jury would be an all-white jury and they
would automatically assume him guilty because of that.
After his release, he faced significant
challenges in rebuilding his career. In 2011, Brian Banks received a friend request and messages
SUMMATIVE ASSESSMENT: THE CONCEPTS OF JUSTICE
from Wanetta Gibson, the same person who had accused him of rape. Gibson apologized and
expressed a desire to meet. Despite the restrictions of his parole, Banks risked contact with her
to clear his name. He enlisted the help of a private investigator to record their conversations,
during which Gibson admitted that he did not rape her. Banks presented this evidence to the
California Innocence Project, which accepted his case and filed an appeal. A year later, Banks
was exonerated of the charges against him.
Justice and the form of punishment have continued to evolve for centuries. Medieval
times focused more on retribution, but the punishment or death sentence was not always
indicative of the crime. Over time, this country has implemented different forms of justice and
punishment in attempts to reform or rehabilitate offenders, or simply incarcerate them for the
safety of society. Currently, this country has seen its fair share of unjust treatment at the hands
of law enforcement, inflicted on the citizens of this country. Such behavior, although not
uncommon, has been heightened due to the availability to watch such behavior. Technology,
specifically smartphones, has allowed the public to constantly view the senseless and brutal
murders of many citizens. Procedural justice is severely lacking.
Conclusion
Throughout history, the concept of justice and its associated forms of punishment have
continuously evolved. In medieval times, retribution was a focal point, often leading to
punishments that didn't necessarily match the crime. Over centuries, various justice systems
have been implemented, aiming to reform, rehabilitate, or incarcerate offenders for societal
SUMMATIVE ASSESSMENT: THE CONCEPTS OF JUSTICE
safety. However, modern times have seen instances of unjust treatment at the hands of law
enforcement, amplified by technology, particularly smartphones, enabling the public to witness
brutal incidents. This has underscored the lack of procedural justice.
Justice is a positive outcome emerging from a negative situation. It strives to correct wrongs,
although it can't entirely erase the harm done. Within the criminal justice system and beyond, it
seeks proportionate punishment for crimes and fair treatment for everyone. This concept
extends to ethics, emphasizing equality and balance across various domains like social and
environmental justice. While justice demands appropriate punishments, the principle of "an eye
for an eye" can be morally questionable, potentially causing more harm. Fairness, closely tied to
justice, requires objective judgment free from personal biases and specific, concrete decisions
rather than generalizations.
Aristotle's principles have significantly influenced our justice system, emphasizing justice not
only for offenders but also for victims and their families. Despite this, injustice persists,
reflecting unfair treatment and highlighting the ongoing need for genuine justice in society.
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SUMMATIVE ASSESSMENT: THE CONCEPTS OF JUSTICE
References
Jackson, J., McKay, T., Cheliotis, L., Bradford, B., Fine, A., & Trinkner, R. (2023).
Centering race in procedural justice theory: Structural racism and the under-
and overpolicing of Black communities.
Law and Human Behavior, 47
(1), 68–
82.
https://doi.org/10.1037/lhb0000524
Myers, Gary (2015, January). Brian Banks spent five years in prison after being
falsely accused of rape, but now he finally has a career in NFL.
New York
Daily News,
https://www.nydailynews.com/2015/01/25/brian-banks-
spent-five-years-in-prison-after-being-falsely-accused-of-rape-but-now-he-
finally-has-a-career-in-nfl/
Pollock, Joycelyn M. (2019).
Ethical Dilemmas and Decisions in Criminal Justice
(10th ed.).
The Central Park Five
. (2019). https://www.history.com/topics/1980s/central-
park-fiv