Class and Criminal Justice

This chapter explores the critical distinction between equality and equity within the criminal justice system (CJS), arguing that equity—providing individuals with the necessary resources to achieve equal outcomes—is more effective in addressing systemic disparities. While equality ensures identical treatment for all, equity acknowledges the varying needs of disadvantaged individuals, particularly in the context of legal aid. The English legal aid system exemplifies equity by assisting those who cannot afford legal representation in both civil and criminal cases. However, recent reforms, such as those introduced by the Legal Aid, Sentencing and Punishment of Offenders Act (2012), have severely curtailed access to legal aid, exacerbating inequalities and undermining justice. This chapter emphasizes that for the CJS to function justly, it must prioritize equity over equality, ensuring that vulnerable populations receive the support needed to navigate the legal system effectively.