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Criminal Justice Stream 2

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What were going to cover Technical and framing aspects of criminal justice debates Politics and discrimination Philosophy of criminal justice

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Quickly Rehabilitation Retribution Safety Deterrence

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Technical Points

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Place Setting At university debates arent generally place set to Australia or anywhere This is problematic, because even generally similar countries like the UK and Norway have wildly different criminal justice systems

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Solving Place Setting Build your own policy set that you support (on both sides), coopt Aff model Why? Avoid confusion Avoid defending terrible things

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Politics and Discrimination

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Why are Politics Relevant? What policies is it likely that governments will end up implementing? How might future policies change in the future as a result of the model? Criminals are really unpopular They are invisible People hate them They are black

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Racism in the Criminal Justice System The prison system has obliterated entire racial communities In the developed world, particularly African Americans and Australian Aboriginals Statistical analysis indicates that basically every agent in the criminal justice system disproportionately targets racial minorities Police Judges Juries Prison systems Parole boards

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Why should we care? Inequality is intrinsically unjust It destroys communities when vast numbers of men are removed from them It perpetuates the cycles of crime that lead to breakdown in those communities

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What can we do about it in debates? Make the justice system more objective? Introduce affirmative action requirements? Make the justice system more lenient?

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Philosophy and Criminal Justice

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Huh? A strong case is rigorous about exactly what the normative considerations are The most important distinction is between instrumental and non-instrumental concerns (Aka utilitarian, consequentialist)

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In what ways might the criminal justice system be non-instrumental? Retributive Justice Caveats: Closure for victims, Deterrence, vigilantism Prioritising Victims over Perpetrators Equality

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Utilitarian Justice Getting rid of all the previously discussed concerns would require a quite radical overhaul of criminal justice It would probably be a lot more lax (though you might dispute this)

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How this plays out in debates The validity of utilitarianism is up for extensive debate Utilitarianism produces outcomes that seem really unjust Maybe our moral intuitions arent really that rational Reflect on these ideas and be conscious of them in debates and you will add clarity to your cases