Ethics in Criminal Justice part 2

The concept of justice is almost as elusive as the face of G-d. Justice means something different to each and every person that seeks justice. To some justice is equality and fair treatment. To others it is the equal distribution of wealth, to others still it has a meaning of equal protection under the law. Philosophers have attempted to define justice as long as there have been philosophers on the earth. However and more specifically we are searching for criminal justice. Another term that is illusive and filled with controversy in searching for a definition. To some criminal justice is where the criminals of society receive all the rights, and protections and the victim gets nothing. Others believe that criminal justice is where the state exacts revenge on the offender for the victim. Criminal Justice should be a combination of both of these extremes. As Socrates shared with us that virtue is found within the two extremes. With that in mind criminal justice should be a practice of the state exacting a fair and just revenge against an offender for the victim of a crime with the rights and protections of the law. When a state seeks revenge for an offense it must be sure that the person they are pursuing is the person that committed the violation of law.
Religion has established a moral code of living throughout the history of religion. Within the constraints of religion moral principles have been established through certain universal truths like; there is a Supreme Being, the Supreme Being established a set of behaviors, and morality is obtained through the obedience and or grace of the Supreme Being. Justice is a side affect of these universal truths.
Religion is considered a deontological theory of ethics because it requires us to perform those acts that conform to duties and rights, independent of the consequences. Morally correct acts are those that display the most intrinsic value. Within most religions there are two primary rules that every person must follow:
1) Love G-d above all else
2) Love your neighbor as yourself
If you follow these two rules according to just about every religion you will live a moral life. These rules are slightly different from the basic deontological theory where people are to always treat a person as an end and never as means, and to always treat people as you would like to be treated. In such religion places the greatest of all virtues as faith or belief in G-d.
A life lived in accordance with faith and belief tends to make everything black and white, right or wrong, righteous or evil. This is not a bad trait but it has a tendency to make zealots that wish to destroy everything that does not agree with their particular faith or belief. Through religion or a theocracy in search of criminal justice where we are looking for a fair and just revenge for offenses against society, justice is rarely every found.
Not everyone in the world accepts the existence of a Supreme Being let alone a universal truth to the moral principle established by this “so-called” Supreme Being. When dealing with these people as a religious person you must remember what every spiritual leader of every religion I know of has said, “You are to be a light, a shining example of how life should be lived.” Does this attitude allow for an immoral or amoral life to be lived by many people? Yes, it does. Thomas Aquinas and Aristotle both declared that choice or free will was the main element in living a moral life. You have the right to use the knowledge that you have gained either through study (Aristotle) or Devine revelation (Aquinas) to choose the actions that you take.
In western society the search for criminal justice has to remain in the secular, natural law area of moral life, because criminal justice seeks to protect the laws of the land. Sexual activities which are considered immoral in the religious realm are not necessarily a violation of societal laws. For example a few years ago a movie “Rumor Has It” depicted a story of a man (Kevin Costner) who had had a sexual relationship with a woman (Shirley MacLaine), her daughter (Jennifer Bini Taylor), and grand-daughter (Jennifer Anniston) over a period of 30 years. The man was never married to any of these three women. Within religion this activity would be a great taboo, and in some religious cultures if caught the women would be executed. In western society this activity became the topic of a movie, not illegal, not even frowned upon. In most cases the man would be touted for his sexual prowess.
In conclusion, although religious moral principles may assist the criminal justice professional in being a better person it does not necessarily make him or her a good professional. Criminal Justice is a natural virtue and although can be a result of religious faith or belief it needs to be a universal truth in itself not just a side affect of obedience or grace of the Supreme Being.