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Compassionate Justice I. What is “Compassionate Justice”? I. What is “compassionate Justice”?

Administration of the rule of Law by: 1. Law Enforcement Agencies 2. Courts of Law 3. Correctional Institutions

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Slide 2 Slide 3 Administration of the rule of Law by: 1. Law Enforcement Agencies 2. Courts of Law 3. Correctional Institutions Slide 4 1. Sympathetic consciousness of others' distress together with a desire to alleviate it. (Merriam-Webster) 2. An emotional response that sensitizes one to the suffering of another. Slide 5 -- After all, Compassion is emotional, subjective, & impulsive, and Justice is rational, objective, & deliberative. Slide 6 1. too emotional to be reasonable; 2. too subjective to be objective; 3. too impulsive to be trusted 4. ultimately requires a judge or officer get too close to the accused. I.E. CANT BE OBJECTIVE ! Slide 7 emotion in concert with cognition ads to truer perceptions and ultimately, to better (more accurate, more moral, more just) decisions. (Bandes, in The Passions of Law) Slide 8 1. Weigh compassion with all of the facts. 2. Dont let compassion take over! 3. Emotion will enhance justice; Emotionalism will distort justice! Slide 9 Law Enforcements treatment of a subject The Courts determination of appropriate degree of leniency or penalty Corrections treatment and rehabilitation of inmates. Slide 10 Slide 11 i.e., What is the origin of our nations justice system? Who were some of its framers? Slide 12 "The highest glory of the American Revolution was this; it connected in one indissoluble bond the principles of civil government with the principles of Christianity.'" John Quincy Adams, sixth President of the United States Slide 13 Various Religions Judeo Christian Non- Religious. Slide 14 1. Puritans, Pilgrims etc., from Europe. 2. Their Christianity was imbedded in Colonial common law Sense of Rights Understanding of criminal law/punishment Tort laws. Slide 15 The most quoted book of the period from 1760-1805 in the political writings of the day was book of Deuteronomy (the law book), in the Bible, accounting for thirty-four percent of all the quotes. Slide 16 John Locke 1. English writer on government. 2. Major influence on the leaders of the Revolution. 3. Taught Nature and the Bible were the basis of liberty & inalienable rights of people. Slide 17 Sir William Blackstone 1. A Christian; taught the laws of Nature and of Natures God 2. His Commentaries became the chief, if not the only law book, in every lawyer's office in New England. 3. Great influence on U.S. law & on the Declar- ation of Independence & the Constitution. Slide 18 the name of "God," "Almighty God," "Nature's God," "God of Armies," "Lord of Hosts," "His Goodness," "God's Superintending Provid- ence," "Providence of God," "Providence," "Supreme and Universal Providence," "Over- ruling Providence of God," "Creator of All," "Indulgent Creator," "Great Governor of the World," "The Divinity," "Supreme Disposer of All (etc.) Slide 19 1. Strong influence on early U.S. law 2. Judeo-Christian roots (continued) Slide 20 3. Developed a court system 4. Judge-made law; a collection of precedents