Procedural Justice Versus Substantive Justice Course 8th March 2013 Procedural and substantive justices are two forms of justice that can be placed side by side for the purpose of distinction from one another in terms of properties, aspects and features…
Substantive justice follows laws that define, regulate and create the obligations of certain parties, which should be carried or no carried out towards others meaning that this form of justice falls under the cause of action, but not proactive. This is such that individuals bring forth their issues to the bodies charged with the responsibility to safeguard and ensure that the obligations set for the people are followed. As such, substantive justice ensures and creates opportunities for people whose rights have been violated to present their grievances, but not to prevent this violation. Thus, it serves as a form of punitive measure to see to it that those who fail to honor their part of the bargain in relation to following a defined code and obligation face justice (Sandefur, n.d). Substantive justice applies mainly in the issue of rights, where there remains controversy as to how one can define rights under a justice system, since its origin lies in the term “due process of the law.” Following this development in substantive justice, it is applied in the issue of rights, as a distinct characteristic in rights does not appear in other forms of law or justice. In rights, they are defined and one is obliged to pay attention to them lest they end up violating their own rights or even those of others. Substantive justice, therefore, sets guidelines within which one conducts oneself and binds one actions to the consequences. Based on the history of substantive justice as the due process of the law, guidelines ensure that there exists a definition of terms or procedures through which one must go through in order for certain events to take place. Substantive justice also sets the circumstances under which things are done and failure to which certain consequences are issued, as it provides a diverse framework, which creates the conditions that people relate to each other and how people relate with the government. It also sets out how an individual is responsible for everything that he or she engages in, as substantive justice offers definitions , regulations and obligations to govern the above said relationships. To build more on the relationships between people and the government, it is important to look into the role of substantive justice in seeing to it that the government carries out its responsibilities or obligations. Concerning this, substantive justice creates a clear distinction between valid laws and invalid ones, which acts as a means of discerning, that which is rights and that which is wrong according to the actions of the government towards its people. Substantive justice calls for a clear definition of these standards, where those charged with the responsibility of justice are bound to come up with standards of generality, regularity, fairness, rationality and public orientation. The above is meant to apply to the activities of the people towards each other and the government towards its people, as well as the people towards governance, which is a form of prohibition of abuse of power against the people by the government and the people towards the government (Sandefur, n.d). This is due to the high possibility of using public interests for personal gain or ends, which is common in an arbitral nature of the law, and that explains the role of substantive justice. One of the benefits of this law is its definitive nature, where it sets clear stipulations against ...
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The aim of the paper is to show the importance of studying criminal justice. One importance of studying criminal justice system is to equip learners with adequate knowledge and skills in carrying put various functions of the same. This leads to the development of skillful and knowledgeable personnel to deal with criminal issues in a given society.
The current changes in the policy of sentencing, jurisdiction, and procedure reveal disagreements about the importance of the juvenile justice system. Majority of juvenile justice theorists and policymakers understand the purposeful union of juvenile courts with the adult criminal justice system but oppose the possibility of removing the juvenile courts and sentencing all kinds of criminals in criminal court.
It is also pertinent to note that, justice can be explained by the modern Criminal Justice System (CJS) and other entities involved in the criminal justice system and these salient facts shall also be explained in this paper. Justice as defined by the modern CJS also differs from security in some ways.
We would potentially start of by addressing to the history and the formation of the juvenile courts in the country while also how these emerging ideals were imbedded in the society at the initial stages of forming the constitution. Further to this it is imperative that we shed some particular light on the man who first held up to account for sorting a difference in treating for under aged minors who fundamentally commit unlawful felonies.
Besides, the troubled history of the country adds to interest in South Africa’s criminal justice system and its efficacy. This study explores the key characteristics upon which the South African legal system is based, discussing issues of substantive law, procedural law, types of crimes and the models for judicial review.
This would particularly hold much in juvenile justice system where children are active in reading and assimilate what they perceive in the society. To respond to Mrs. I, it would be best to note the best kind of juvenile justice system that may help her child, for example, early youth reforms schools mostly utilized corporal punishment, confinement, and other devices of humiliation as elements to ensure the youth is not only controlled but develops morals (Reader, 1996).
Restorative justice is a form of justice that relies on the principle that crime is a primary conflict between individuals that result in injuries of victims (Daniels, 2013). It bases on the idea that the criminal justice system aims to reconcile the parties while repairing the injuries caused by the crime by facilitating the active participation of the victims, offenders, and their communities.