The criminalization of marijuana, law homework help

Question Description

The criminalization of marijuana, and the push for legalization, is an issue at the core of our criminal justice system. If you were an idealist, what kinds of laws and policies would you support regarding legalizing marijuana? What if you were a pragmatist? What kinds of laws and policies would you support regarding legalizing marijuana? Remember to avoid inserting your own opinions here – respond the way an idealist and pragmatist would.

Next, once you have submitted your answer, comment on two other students’ responses.

Unformatted Attachment Preview

CRJ 100 INTRODUCTION TO CRIMINAL JUSTICE CH. 2 CONCEPTS OF LAW AND MORALITY 1 Justice on Lover’s Lane 2 You are a police officer assigned to patrol Lover’s Lane. Numerous assaults and robberies have recently occurred in this area. While on evening patrol, you notice a van that is parked and appears to be rocking. As a tactically trained officer on patrol, you know how to approach suspicious persons and suspicious vehicles. Should you stop to investigate the van that’s rocking? Why or why not? If so, how far would you take the investigation? If you decide not to stop, you fear the possible headlines in the news: “VICTIM SEXUALLY ASSAULTED IN VAN AS OFFICER DRIVES BY.” It is not just the potential for personal embarrassment or harm to your professional integrity that requires you to stop. Rather, you have an obligation to obey your department’s orders, which include instructions from your sergeant to “keep a close eye on Lover’s Lane.” Therefore, you decide to investigate the van. You discover that the van was rocking because the two teenagers inside the vehicle, a male and a female, were engaged in sexual activity. Both teenagers were of legal age to engage in sexual activity, and the behavior was completely consensual. How would you Criminal Justice and Society 3  Why do societies need criminal justice systems?  To maintain order in society  Two concepts of society: ◼ Peaceful, harmonious, and orderly society without any crimes: ◼ Emile Durkheim: everyone would have to be in agreement about all aspects of life; ◼ unrealistic ◼ Violent, brutal, and war-ridden society without any rules: Criminal Justice and Society 4  What is a social contract theory?  To maintain peace, security, and order in society, people willingly give up complete freedom to do as they please in exchange for a more secure society governed by laws enforced by the government. ❑  The Government must have legitimacy, i.e., people must accept that the government has the right to govern them. terms of a social contract change depending on what and how much freedom people are willing to give up. Criminal Justice and Society 5  Criminal Law and the Social Contract 1. 2. 3. Has society the right to pass judgment at all on matters of morals? In other words, ought there be a public morality, or are morals better left to be a matter for private judgment? If society has a right to pass judgment, does it also have the right to use law to enforce such judgments? If so, ought it society use the weapon of law in all cases, or only in some; and if only in some, on what principles should it be distinguished?  Devlin: Punish that which lies “beyond the limits of tolerance”  Hart: Use the utilitarian harm princ iple Criminal Justice and Society 6  Jeremy Bentham (1748-1832)  Utilitarianism – the greatest good for the greatest number  John Stuart Mill (1806-1873)  Harm Principle: ✓ Laws should not be based on morality ✓ Criminally regulate only the behaviors that directly harm other people Choosing Strategies and Tactics 7   A sustainable social contract requires a legitimate government that embodies the ideals of fairness, equality, and effectiveness Criminal justice strategies and tactics should also embody the ideals of fairness, equality, and effectiveness Strategies – The broad approach that an agency or organization uses to address a problem or issue  Tactics – Specific actions that are taken to implement the broad ideas outlined in a strategy  Choosing Strategies and Tactics 8  E.g., What might be done to curb DUI?  Strategies ◼ ◼ ◼  Police Escort Home Media/Public Service Announcements Aggressive Enforcement of DUI Laws through Patrols and Checkpoints What are tactics to achieve these strategies? Choosing Strategies and Tactics 9    Whether strategies and tactics embody the ideals of fairness, equality, and effectiveness likely depend on the societal value judgments that are implicated Value judgments based on non-empirical beliefs (tenacity, authority, common sense) may be misplaced Value judgments based on empiricism more closely reflect the ideals of fairness, equality, and effectiveness  Mic h igan D ept. of S tate P olic e v. S itz, 496 U.S. 444 (1990) Choosing Strategies and Tactics 10 Return to Lover’s Lane What tactics will you use?  Where will you park your car in relation to the van?  How will you approach the van?  How will you get the attention of the occupants?  Strategy:   Police patrols will “keep a close eye” on the area   Will you ask them to leave the van? If so, how? If not, why not? What precautions will you take for your own safety? What precautions will you take for the safety of the persons in the van? What questions will you ask? If you believe that sexual relations were occurring in the van, how would you determine whether it was consensual? Morality and Justice Studies 11 How is morality related to criminal justice?  Morality:  A group’s approved, accepted, and shared rules of conduct, values, beliefs, and standards on what is right or wrong  As a group’s values, beliefs, and standards change, so does morality Morality and Justice Studies 12  Morality is at the basis of value judgments, laws, and criminal justice strategies and tactics:  What did you decide to do with the van on Lover’s Lane?  What do you think about offender re-entry programming and the value of giving people second chances?  Physician-assisted suicides – differing values and beliefs for or against physician-assisted suicides Morality and Justice Studies Lawrence Kohlberg’s Six Stages of Moral Development 13 Level Stage Goal Preconventional (Up to Age 9) 1: Punishment and Avoid punishments Obedience Right vs. Wrong Defined By What prompts punishments 2: Instrumental– Relativist Promote self-interest What gets rewarded by others Conventional (Most Adolescents and Adults) 3: Interpersonal Concordance Be accepted What pleases others (majoritarian) 4: Law and Order Do one’s duty What authorities tell us Postconventional (Up to 15% of the population over age 20) 5: Social Contract Promote rights and values for betterment of society Personal values, although these can be overridden by democratically-agreed-upon laws 6: University Ethical Principle Deeply held moral principles that are more important than laws Manifest ethical principles Morality and Justice Studies Carol Gilligan’s Stages of the Ethics of Care 14 Argued Kohlberg’s theory was inaccurate because he studied only boys. Gilligan posits that girls look beyond the rules of morality to find the caring thing to do, even if that action breaks a preexisting rule. Girls and women are also less likely to judge an individual’s actions as wrong because they see the complexities in relationships better than men do. Idealists and Pragmatists 15   How does idealism and pragmatism influence criminal justice? Idealism and pragmatism on a continuum: Idealism – Evaluates actions and decisions based on how well they meet broad goals or theoretical ideas Pragmatism – Evaluates actions and decisions based on empiricism and the analysis of data Morality and Criminal Justice 16 Decisions about strategy, tactics, and discretion are fundamentally about morality  The ultimate question:  What is the right thing to do?  Idealists and pragmatists likely view the “right thing to do” quite differently  1 CRJ 100 INTRODUCTION TO CRIMINAL JUSTICE CH. 3 CONCEPTS OF LEGAL PHILOSOPHY Patrick Devlin’s Legal Moralism 2 ❑ Law should enforce public morality  ❑ ❑ Public morality: determined by what a group of 12 randomly chosen people would unanimously and strongly find intolerable and unacceptable Immoral act, be it in public or in private, threatens the fabric of society Developing a morally-driven law • • • • Must be made carefully Can’t be overly restrictive Must safeguard privacy rights in enforcement of the law Recognize that a law will not make everyone moral all the time H. L. A. Hart’s Legal Positivism 3 ❑ H. L. A. Hart and Legal Positivism:     Law are simply commands of human beings There is no necessary connection between law and morals Law should be based on whether there is harm caused to others in society Individuals should have the liberty to live as they wish, so long as they do not harm others 4    The Hart—Devlin Debate Hart’s Pragmatist Views on Law Foundation: Law should be based on the principles of preventing conduct that causes direct harm to others and based on the idea that morality is a matter of personal and private domain. Rationale: Purpose of law is to protect people’s rights so they can live freely and safely. Formation: Laws should be created after a study of empirical data.    Application: Discretionary application of law brings about varied but optimal outcomes. Focal Point: How the law operates and is enforced is more important than the end result. Discretion: Encouraged to produce a better system. Other Legal Idealism Schools of Legal Philosophy (Beyond Devlin) 5     Legal Naturalism  Law is to enforce natural law, which is the natural principle or intent of the universe that pre-exists humanity Rights and Interpretive Jurisprudence  Law is formed by the lawmakers and judges who take morality into consideration when making and enforcing laws Critical Theories of Law  Existing law is hegemonic formed to benefit the powerful, but law should be enacted to bring justice, fairness, and equality to everyone Legal Paternalism  Law is to protect people from themselves Other Legal Pragmatist Schools of Legal Philosophy (Beyond Hart) 6  Legal Realism  When judges make law in judicial opinions, they express their personal ideologies, beliefs, and values in their interpretations of the law and the issues  All laws require interpretation, but judicial power is circumscribed such that they judges can really only engage in interstitial legislating – legislating “only between the gaps.” (Benjamin Cardozo)  Everyday Pragm atism  Law is a reflection of people’s will, and as such, law is dynamic and changeable (e.g., Richard Posner and the Law and Economics School) Legal Philosophy and Privacy Rights 7  Pierce v. Society of Sisters, 268 U.S. 510 (1925).   A statute requiring attendance at public schools violated the fundamental right of parents to chose the learning environment for their children. Meyer v. Nebraska, 262 U.S. 390, 395 (1923).  A statute which prohibited the teaching of German violated the freedoms of “speech, inquiry, and thought.” Legal Philosophy and Privacy Rights 8  Griswold v. Connecticut, 381 U.S. 479 (1965).   Connecticut statute that prohibited the use of contraceptives, even by married couples, was struck down as “an impermissible intrusion on the right of the association protecting the marital relationship, [the] enforcement of [which] threatens police intrusion into the marital bedroom.” The Court found this right to be implied in the Constitution, lying within the “penumbras of the First, Third, Fourth, Fifth, and Ninth Amendments.” Legal Philosophy and Privacy Rights 9  Eisenstadt v. Baird, 405 U.S. 438 (1972).  Struck down a Massachusetts law similar to the one at issue in Griswold, but applied only to non-married people.  Court did not use the Due Process Clause to find the right of unmarried people to have non-procreative sex was covered by a penumbral theory of a right to privacy, but rather it reasoned the Equal Protection Clause of the Fourteenth Amendment required the right announced in Griswold be extended to unmarried partners.  Equal Protection Clause requires that similarly situated people be treated in a similar manner. Legal Philosophy and Privacy Rights 10  Loving v. Virginia, 388 U.S. 1 (1967).  Invalidated Virginia’s antimiscegenation (interracial marriage) law on two grounds: Due Process – The right of two people to marry is a “fundamental right” into which the State cannot not interfere ◼ Equal Protection – Treats similarly-situated people (loving couples of the same race vs. loving couples of different races) in a different manner ◼ Legal Philosophy and Privacy Rights 11  Roe v. Wade, 410 U.S. 113 (1972).  The constitutional right to privacy includes a certain amount of autonomy over one’s body. As stated in Griswold, the decision “whether to bear or beget a child” is a fundamental right protected by the right to privacy. That right must guarantee a woman’s right to chose to terminate her pregnancy, at least during the first trimester of pregnancy. Legal Philosophy and Privacy Rights 12  Michael M. v. Superior Court of Sonoma County, Cal., 450 U.S. 464 (1981).  Upheld CA statutory rape law that punished only males, not females for engaging in sexual with someone under the age of consent. The EPC challenged failed since the Court determined males and females are not “similarly situated” when it comes to statutory rape. ◼ Men are aggressors ◼ Women bear risks of unwanted pregnancies Legal Philosophy and Privacy Rights 13  Cruzan v. Dir., Missouri Dept. of Health, 497 U.S. 261 (1990). The right to privacy, as especially embodied in the autonomy principle, allows someone to refuse medical treatment, even if that means they will die.  But . . . There must be clear and convincing evidence of the person’s intent to die. The comatose, therefore, must have a living will. The testimony of family members as to intent is insufficient to overcome the state’s interest in preserving life.  …
Purchase answer to see full attachment

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount