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
Explain how you located the resource that addresses the question and cite that resource in proper Bluebook format: Spend & Save is claiming that our client lacks standing to s

Analyze the differences between a proposal and an invitation to treat and discuss the rules to determine the point of time on which an agreement is reached. Using the latest Malays

QUESTION 1 What are the duties of an Occupational, Safety and Health officer in an organization? QUESTION 2 Section 47 (1) of the Occupational, Safety and Health Act st

Explain about the general assembly of United Nations. The General Assembly: The General Assembly is the major deliberative organ of the United Nations. This is composed o

Q. What do you mean by Electrolysis? In electro refining, the impure metal is taken as the anode and a strip of pure metal coated with a thin layer of graphite is made .the cat

how do i answer a problem question in law about the law of contract

Question 1: (a) What do you meant by the term misconduct in employment law. How does the English definition of misconduct differ from the French definition of misconduct? (b

Self-Confidence: Entrepreneurs are self-confident and tackle problems immediately with confidence and are persistent in the pursuit of their objectives. Most are at their best in

Formation and Characteristics of Agency An agency may come into existence by the following ways: Contract (Appointment) or agreement Further this can be done in any

David wants to open a restaurant in Melbourne. He engages Robert Boyd Pty Ltd, an architectural firm, to design the restaurant interior and exterior including the layout and positi