The Principles of Criminal Justice

Chapter Two delves into the foundational principles of the Criminal Justice SystemCriminal Justice System (CJS) (CJS) in England and Wales, exploring the complexities and challenges of achieving justice. It examines four key principles: equality of citizens, just deserts, the rule of law and due process, and independence and impartiality. The chapter begins by tracing the philosophical roots of justice from Ancient Greece, acknowledging historical exclusions and the evolution of modern legal protections like the Human Rights Act 1998 and the Equality Act 2010. The principle of equality is discussed, with emphasis on the ongoing struggle to realize true equality within the CJS. Aristotle's concept of “just deserts” is explored in the context of contemporary sentencing, highlighting the importance of context and the role of aggravating and mitigating factors. The rule of law and due process are presented as vital for fairness, ensuring that all individuals are subject to the same legal standards and protected from arbitrary state actions. The chapter also underscores the importance of independence and impartiality in maintaining public trust in the CJS, particularly within the adversarial legal system of England and Wales. It concludes by acknowledging that while these principles theoretically uphold justice, the lived realities often reveal disparities, particularly for marginalized communities.