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    Most countries have some form of criminal law and a justice system to enforce it. However, in all countries the justice system has in recent passed made mistakes and innocent people have been put in jail while even more people who have violated the criminal law have never been caught and may never get caught in their lifetime.

    Most people against capital punishment use the argument that if there are mistakes and our system is not flawless (proved by the numerous cases where jailed people were later proved to be innocent), it isn't ethical to kill people for crime.

    Similarly is it ethical to jail and give people criminal charges when our justice systems make mistakes and some people who commit the crime are free while others have to suffer a sentence?

    If we had some method of getting a flawless justice system that never ever makes one mistake and catches 100% of the people who violated the law then it is obviously ethical as there is no discrimination and everyone receives the same treatment. But so far no country in the world has such a system; there are always a few mistakes that cause innocent people to be jailed and many people's crimes are never known.
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    (Original post by MsCourtney)
    Most countries have some form of criminal law and a justice system to enforce it. However, in all countries the justice system has in recent passed made mistakes and innocent people have been put in jail while even more people who have violated the criminal law have never been caught and may never get caught in their lifetime.

    Most people against capital punishment use the argument that if there are mistakes and our system is not flawless (proved by the numerous cases where jailed people were later proved to be innocent), it isn't ethical to kill people for crime.

    Similarly is it ethical to jail and give people criminal charges when our justice systems make mistakes and some people who commit the crime are free while others have to suffer a sentence?

    If we had some method of getting a flawless justice system that never ever makes one mistake and catches 100% of the people who violated the law then it is obviously ethical as there is no discrimination and everyone receives the same treatment. But so far no country in the world has such a system; there are always a few mistakes that cause innocent people to be jailed and many people's crimes are never known.

    Because of something called human error. The people in the justice system (The police, CSI's etc) do their best but getting things 100% is near impossible.
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    (Original post by LSeeber1)
    Because of something called human error. The people in the justice system (The police, CSI's etc) do their best but getting things 100% is near impossible.

    I agree with that (Although sometimes police etc are corrupt or discriminate by race etc in some countries). But is it ethical to have a justice system when we know that there is human error. Shouldn't we wait until we can someday perhaps have a robot / computerised justice system that is flawless.

    Would it be ethical to let an innocent man pass through a justice system when there is a 1% chance of them being imprisoned or an offender when there are hundreds of people that have committed the same crime who are free?

    I wouldn't consider it ethical to knowingly sell a computer that has hardware faults to a client by telling them it is in perfect condition.
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    (Original post by MsCourtney)
    Most countries have some form of criminal law and a justice system to enforce it. However, in all countries the justice system has in recent passed made mistakes and innocent people have been put in jail while even more people who have violated the criminal law have never been caught and may never get caught in their lifetime.

    Most people against capital punishment use the argument that if there are mistakes and our system is not flawless (proved by the numerous cases where jailed people were later proved to be innocent), it isn't ethical to kill people for crime.

    Similarly is it ethical to jail and give people criminal charges when our justice systems make mistakes and some people who commit the crime are free while others have to suffer a sentence?

    If we had some method of getting a flawless justice system that never ever makes one mistake and catches 100% of the people who violated the law then it is obviously ethical as there is no discrimination and everyone receives the same treatment. But so far no country in the world has such a system; there are always a few mistakes that cause innocent people to be jailed and many people's crimes are never known.
    And why might you be asking this, I wonder?
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    (Original post by meenu89)
    And why might you be asking this, I wonder?
    As a debate, similar to how people debate on whether capital punishment is ethical.
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    Justice is our reaction to unfairness in society. Because it is unfortunately impossible to impose perfect fairness, we have to make do with what it's within our power to do in the absence of a perfect solution. To this end, we must be content to consider which is the most ethical of the following:
    1. A scenario where wrongs known beyond reasonable doubt go unanswered, but with no casualties of justice; or
    2. A scenario where wrongs known beyond reasonable doubt go answered, but with casualties of justice.

    How I approach such a choice is to consider which scenario brings about the most harm, or the greatest degree of violation against peoples rights - clearly, it is the first one, which also exists as universal default. Therefore, choosing the second option is an active choice by society to mitigate that harm and those violations of rights. That it in turn produces comparatively small violations of its own is an unfortunate consequence, but necessary if we wish to avoid the far greater violations of the former scenario.

    Society has, of course, opted for justice, inasmuch as it can procure it.
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    What exactly is your proposed alternative?
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    Yeah let's ditch the justice system because then you/your sister won't get done for your driving offences.

    Not to mention the streets would be an amazing place to be with all those murderers, rapists, pedophiles. We could all have group hugs and the world would be a better place.
    Said nobody ever.
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    I'm in favour of a justice system, however the point of prisons should simply be to keep those who have committed crimes away from the public until they've been properly rehabilitated. I don't see the point in making them into ****holes when it doesn't prevent reoffending (in fact if anything it encourages it) and because, as you mention, they could be innocent.
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    It's more ethical than the alternative.

    William Blackstone said that it's better for 10 (later set at 100) guilty men to go free than for one innocent man to be convicted. I'm willing to bet that 99.9% of people convicted in the UK are actually guilty of at least smething related to their charge. Obviously I don't know the actual figures - nobody does.

    Put it this way: is it more ethical to accidentally send someone to jail for a mislabelled parking offence or to allow anyone to rape and murder as they see fit?
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    (Original post by Rascacielos)
    What exactly is your proposed alternative?
    Not sure just a point for debating. We could not have a justice system or have a very lenient warning system only until we can have a 100% accurate justice system in the future with super computers and robotic surveillance systems on everybody or something like that.

    (Original post by Gummibaerchen)
    Yeah let's ditch the justice system because then you/your sister won't get done for your driving offences.

    Not to mention the streets would be an amazing place to be with all those murderers, rapists, pedophiles. We could all have group hugs and the world would be a better place.
    Said nobody ever.
    I have only committed a very minor offense of speeding that just has a fine. This has nothing to do with that. I didn't say to ditch the justice system because of my sister driving without a license. Although I could say it would be unfair to prosecute my sister while a thousand others do the same and are not prosecuted (as a debate not saying I think no justice system is a good idea either).

    Similarly it would be ethically unfair that I got a speeding fine and 90% or more of drivers have sped at some point but never been caught for it. Also ethically unfair that I got only one ticket but that doesn't mean I haven't been speeding on other occasions. Someone who has done less speeding that me might have had the misfortune to get caught more than once.
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    I'm not sure you are one to comment on the justice system..
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    (Original post by Octohedral)
    It's more ethical than the alternative.

    William Blackstone said that it's better for 10 (later set at 100) guilty men to go free than for one innocent man to be convicted. I'm willing to bet that 99.9% of people convicted in the UK are actually guilty of at least smething related to their charge. Obviously I don't know the actual figures - nobody does.

    Put it this way: is it more ethical to accidentally send someone to jail for a mislabelled parking offence or to allow anyone to rape and murder as they see fit?
    My estimate would me less than 99.9%, I'd say 98.5%. But that still makes it bad, how would you feel if you were the minority of innocent people in jail. Many criminals do attempt to frame innocent people for their crimes so that they can go free and in some cases this fake evidence created by the real criminal may fool the prosecution.

    I'm not saying that no justice system would make a better society either, its just that we don't have an ideal solution yet.

    Also in some countries the justice system is in the hands of extremely corrupt people and real rapists etc may get away with a bribe while the small pickpocket could get jailed.
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    (Original post by MsCourtney)
    Not sure just a point for debating. We could not have a justice system or have a very lenient warning system only until we can have a 100% accurate justice system in the future with super computers and robotic surveillance systems on everybody or something like that.
    It is impossible to have a perfect justice system, no matter how scientifically exact we are. We have to strive to make it as good as it can be, of course. But it will never be perfect.

    It seems difficult to debate something without a reasonable alternative. We have to have a justice system of some sort - on an ethical basis, to compensate and satisfy those who have suffered harm or loss.
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    (Original post by Gummibaerchen)
    Yeah let's ditch the justice system because then you/your sister won't get done for your driving offences.

    Not to mention the streets would be an amazing place to be with all those murderers, rapists, pedophiles. We could all have group hugs and the world would be a better place.
    Said nobody ever.
    To be fair, nothing in the OP mentions anything about ditching the justice system. In fact, I think that the question is quite relevant
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    My question is: is the entire system of justice as ethical as it COULD be?

    My answer would be no
 
 
 
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