Introduction
Philosophy is the study of general and essential problems. For example, problems associated with the mind, knowledge, language and values, reality, reason and existence. Philosophy differs from reality in that it relates to and focuses primarily on rational issues of argument. In other words, a person’s philosophy can refer to the various beliefs the person holds or the person’s love of wisdom. On the other hand, real situations seem more complicated than philosophy reveals. Most of the time, reality deals with problems in a rigid way, while philosophy deals with them in an open way. This suggests that reality or practical problem-solving approaches generally show limitations in finding solutions to problems by applying a given set of rules, while philosophical or argumentative problem-solving approaches typically show exploration of options and probable alternatives to find solutions to problems.
There are many cases of people with a good conscience who contradict themselves on issues that concern the applicability of the prevailing force with respect to unfulfilled rules. However, this is not to suggest that philosophy is ineffective, rather it implies that moving from a philosophical to a practical point of view provides a better understanding and background of balance-related issues. Therefore, this means that in order to achieve a balanced system of problem solving, both practical and philosophical approaches must be considered.
Philosophy and approach to individual rights and public protection
The most common issues that arise within the community today are issues related to individual rights, as well as public protection, criminal justice codes of conduct, and morality. When solving problems related to individual rights and public protection, the practical method would be based on established rules. For example, the rule that says, each man owns his property and no other person has a right to his property but himself. This means that the work of his hands has rightfully given him ownership. The person who takes property that is not rightfully his is a thief and must be prosecuted according to the law. This is so because the law guarantees the security of protection of an individual’s property. Regardless of his status, a thief is defenseless against public accusations according to the law, and thus by law, the thief is also protected from the public.
A belief in fairness and justice is an important thing to present within a society. Like, there is no inequality of human rights under the pretext of using individual traits for example: race, ethnicity or gender. However, within a legal framework, these individual traits are considered serious issues with respect to equal human rights and must be protected by the government or the public. Despite the fact that the declaration of independence of 1776 underlines the conception of equality of all men in terms of equality with some basic rights of life, happiness and freedom.
For this purpose, the Court opted for the creation of some equal but different laws and rules in 1896. The reasoning behind the making of the laws was to protect the equality clauses of African-Americans so that they would have access to facilities. that were being enjoyed by whites. These types of rules are created within society to weaken certain segregation based on gender or race in order to protect all individual human rights, since it is a basic public responsibility.
Philosophy and approach to the use of reward and punishment in criminal justice
The philosophical point of view would argue about the reasons behind a thief’s actions. An individual does not take or steal another person’s property unless he has a need. Philosophically, society would grant a thief the opportunity to return stolen property, while in practice, a thief would be promptly prosecuted. Humanity survives on reasoning and for humanity to achieve success, it must use force to describe its ability to handle challenges. The society can choose to be grateful for the law of mutual protection or give the thief freedom to act and survive on his own genuine terms. Either way, both the thief and society will benefit from this type of decision, as a thief will have a second chance at a new and sincere way of life if he applies the philosophical approach. On the other hand, society has the advantage of public protection through the law if it applies the practical approach.
Philosophy and approach to the use of immoral means to achieve desirable ends.
When it comes to issues of criminal justice related codes of conduct, the use of reward and punishment that is applicable within criminal justice is immoral. For example, a large number of lawyers would use various forms of lying during cross examination to achieve their desired end results. In addition, moral standards, the criminal justice system, and ethics are necessary for daily operations because of their role in helping to support ethical conduct in criminal justice matters. An individual right is a moral principle that sanctions and describes the freedoms of action within a social society. The most significant fundamental right is to own one’s life. Rights are also called benefits or powers that an individual can claim.
Additionally, the bounty can be used to frame innocent people and punish them while the guilty go free. From a practical point of view, the rules indicate that when someone is guilty of a crime, he must face trial and, based on the evidence provided, he will face prosecution. There is practically no other way to solve crime-related problems. From the point of view of the philosophical approach, investigations are required to have a fair and just trial. In cases where the victims have no losses, the criminals would have a second chance to correct their mistakes and change their lives. In this sense, offenders have the opportunity to improve themselves, while victims have the opportunity to improve the life of the offenders by forgiving them and thus getting a second chance at life.
Recommended Uses of Ethics in Decision Making on Criminal Justice Issues
Ethics in criminal justice is used in decision making and can encompass both moral and intelligent inquiry. Ethics has proven to be a central element in decision-making involving ethical dilemmas and is concerned with codes of conduct, the way of acting and the rules of conduct within different societies. Standard-setting methods range from cultural relativism to moral absolutism; a point of view emphasizing moral diversity seems to offer the best hope for solving relativity problems. Research on the sources of ethical standards shows that natural law, religion, and other forms of law have an impact on shaping ethical standards. An ethical understanding is fundamental to decision-making by criminal justice professionals, as well as a proper system of criminal justice work. On the other hand, ethics in criminal justice offers a way of making moral decisions, especially during periods of uncertainty concerning what is to be done in situations that call for moral questions. During the daily operations within the criminal justice system, ethics are very necessary to maintain order.
Conclusion
In short, both philosophical and practical approaches are vital to solving problems in a balanced way within society. Although people may have their preferences regarding the choice of approaches to solve their problems, it is necessary for people to apply both approaches when solving problems in order to give a balanced solution to the problems that arise. In this way, criminal justice not only punishes criminals, but also protects them in terms of changing their lifestyles through a second chance to correct their mistakes.
