Section 3.2: Justice Reform Movements – Learning Resources

Section 3.2 Overview

Section 3.2, “Justice Reform Movements,” examines the pivotal shift from punitive and arbitrary legal frameworks to an era of significant reform in the criminal justice system. This period was marked by an enlightenment-driven realization that effective crime control and social order must be based on principles of justice, certainty, and reasonableness, moving away from the capricious and severe practices of earlier legal systems. It details how reformers advocated for a balance between the severity of punishments and the nature of crimes, promoting rational and proportionate responses to serve as deterrents while upholding justice. This transformative wave laid the groundwork for modern criminal justice systems that prioritize deterrence over retribution, emphasizing the rule of law, fairness, and the rights of the accused. The section underscores the profound impact of these reforms on legal theories, sentencing guidelines, and penal policies, shaping a system that seeks to punish, rehabilitate, and adhere to the tenets of a just society.

Section Level Student Learning Outcomes

• SLO 1: Understand the transition from punitive to reformative justice systems and its basis in fairness and deterrence.
• SLO 2: Identify the failures of capricious legal systems and the need for certainty and justice.
• SLO 3: Recognize deterrence as the primary goal of modern criminal law over retribution.
• SLO 4: Analyze the balance between the severity of punishment and justice principles in sentencing.
• SLO 5: Evaluate the impact of reform movements on contemporary criminal justice systems.

Modification History

File Created:  02/15/2024

Last Modified:  02/19/2024

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