Criminal law is applied in ensuring that all who commit crimes are tried in relation to the sufficient to deserve punishment for the crime committed. A criminal being tried in a law court has to be proven guilty in mind and guilty in act since the act also could have been by accident. However, in some cases, the act alone is punishable. In most countries, criminals may be provided protection by the constitution. There are various limitations in the constitution through which criminals are protected.
Due process is one of the limitations provided by the fifth amendment of the US constitution. This provision requires that no person be deprived of life, property or liberty without following the due process of law (Edwards 130). Double jeopardy protects the criminal from being punished for a crime for which he/ she was already punished due to the emergence of new evidence. Unusual punishments are also prohibited for small crimes in order to ensure that justice is accomplished. In criminal justice, there are two particular forms of justice. There can be personal jurisdiction or territorial jurisdiction. Jurisdiction in itself refers to the authority possessed by a legal body over a specific subject matter. From this, personal jurisdiction relates to authority of a particular body over a specific person. On the other hand, territorial jurisdiction refers to the same authority that can only be exercise within a particular place and not beyond.
Social justice promotes a just society through challenging inequality and upholding the value of diversity (Schmalleger 15). Justice can only be achieved when there is equality. fairness on the alternative, involves equitable distribution of resources. From this definition, fairness and social justice can be used interchangeably.
Edwards, George. “Due Process of Law in Criminal Cases.” Journal of Criminal Law and Criminology. Volume 57 (1966): 129-135.
Schmalleger, Frank. “Crime in America.” Criminal Justice Today: An Introductory Text for the 21st Century (2011): 1-31.
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