Criminal-justice system, Business Law and Ethics

Models for a criminal-justice system based on an ethos of rehabilitation and reintegration ... have been regarded as idealistic but unworkable in the real world, except perhaps in totalitarian or primitive societies. Professor Foote, however, has found in Japan just such a model, which he labels "benevolent paternalism." The criminal-justice system is benevolent in that its goal is to achieve reformation and reintegration into society through lenient sanctions tailored to the offender's particular circumstances. The system is paternalism in that it allows substantial discretion to the state in both gathering and using information about the offender and the offense. Drawing upon his extensive research in Japanese sources, from statutes to statistics, Professor Foote examines the successes and failures of benevolent paternalism. While recidivism rates indicate that many offenders are indeed reintegrated into society, the system has a dark side, permitting intrusions into the offenders' interests in autonomy and due process. Recognizing that benevolent paternalism comes at a price and can maintain order only under certain societal and cultural conditions, this Article suggests ways in which the Japanese criminal-justice system can adapt to change. It also reminds us that it is in reconciling the offender with the community that the law comes to work.

Posted Date: 2/22/2013 1:50:30 AM | Location : United States







Related Discussions:- Criminal-justice system, Assignment Help, Ask Question on Criminal-justice system, Get Answer, Expert's Help, Criminal-justice system Discussions

Write discussion on Criminal-justice system
Your posts are moderated
Related Questions
Defining phoenix activity in legislation Some stakeholders noted that defining phoenix activity in legislation could be beneficial if the definition was appropriate and it was

Explain United Nations Commission on India and Pakistan One such resolution dated 20th  January 1948 created United Nations Commission on India and Pakistan (UNCIP), which was

Disclosed Principal - Relations between Agent and Third Party Whether the agent acted to a disclosed principal through informing the third party such he was an agent acting to

Assignments submitted after the due date in the absence of an extension will incur a marking penalty. An extension must be applied for in writing before the due date. Extension app

Question 1: Define, distinguish and discuss the limits of each of the following mechanism of Alternative Dispute Resolution, namely; (a) Conciliation; and (b) Negotiation.

XYZ Ltd has 1000 members and it has adopted a constitution. Matt is one of the directors of XYZ Ltd. Matt has made a gift of $10,000 to his wife, Melissa out of the Company's funds

DUTIES OF AUDITORS: The duties of auditors are explained in the following cases. 1. RE: KINGSTON COTTON MILL CO. (1896)(CHANCERY) For some years before a company was wou

Powers and Duties:  The powers and duties of the secretary depend on the size and nature of the company and the personal contractual arrangements that it makes with him. Howev

Advantages of Stare Decisis - Flexibility Since of the freedom that final Court of Appeal always has to depart from a previous decision of its own whether the social condi

Requisites of Acceptance - Rules Relating To Acceptance Section number S.17 (2) provides like an acceptance is invalid unless since it complies with the following conditions: