Criminal Justice in the Middle

1
Criminal Justice in the Middle

• Negotiating the Terrains of Law, Justice and
  Human Rights

2
Struggles Over Immigration in 21st Century U.S.
3
Two Law Enforcement Scenarios

• Scenario 1 Law Enforcement Officer Detain Two
  Demonstrators Parents of Children who Are Legal
  Citizens Deportation Statutes
• Scenario 2 Urban Law Enforcement Department
  Strong Ties to Immigrant Populations Federal,
  State Pressure

4
Distinguishing Law, Justice, and Rights

• Terrain of Law/Legality generating and
  sustaining social order reflective of power
  differentials managing divisive conflict
  preventing harm, providing safety
• Terrain of Justice fairness in allocating
  punishments and social goods impartiality in
  processing people inequalities advantage least
  well off
• Human Rights Tool for bringing justice to order
  and give meaning to human dignity

5
Discretionary Justice

• Discretion Choosing between two or more courses
  of action
• Discretionary Choices Maneuvering through
  terrains of law, in/justice and rights
• Discretionary Justice Producing order while
  honoring rights and improving the human condition
  to be free of fear and want
• Discretionary Injustice Producing fear for
  individual, organizational and political gain

6
Returning to Scenarios Achieving Discretionary
Justice