Introduction
A lot of debate has been elicited from different parts of the globe with regard to the connection between justice and poverty in criminal systems. The focus of this research paper is on whether the poor are accorded fairness during the process of criminal justice. The research also aims at establishing that economic status, rather than race, determines the course of justice in criminal law.
Research Question and Purpose of Study
The issue under study is the relationship that exists between poverty and justice within the criminal systems. The research questions in this review are two. The first question is; do the poverty-stricken people have a just and fair treatment in the criminal justice process? The second question addressed by this study is; what is the possibility of the poor people being imprisoned in comparison to people from the middle class? The purpose of this research is to establish whether poverty is one of the main causes of injustice practice and discrimination. The research is also meant to establish the significance of the role played by race in relation to that played by both location and economics. Thus the research is meant to ensure that individuals who are prone to poverty are helped from both injustice and treatment that is not fair. What is interesting about the research question is the fact that it does not only reveal the aspects of injustice present in the processes of criminal justice but also shows how the less privileged are disposed to those injustices.
Key Variables and How to Measure them
Variables are sets of personal characteristics that are measured in any given research. Variables can be measured either numerically or in form of categories. Age and height are examples of the former while the presence or absence of disease could exemplify the latter (Abramson, 2008, p. 101). Variables are of two kinds: dependent and independent. The variable whose presence or absence affects the other variable is referred to as the independent variable while the one that is manipulated based on the dependent variable is the dependent variable. Therefore, in the current study, the independent variable is poverty since in the court of law people are accorded justice based on their economic status. On the other hand, criminal justice is the dependent variable. The two variables can be measured in categories.
Definition of Important Terms Used in the Study
Fairness can be defined based on the need norm. In the United States, the equity norm is the most common basis for explaining what fairness is. Studies have revealed that apart from individualism influencing the definition of fairness, it is also influenced by power distance. People from cultures that have cultures with a low power distance can very easily see violations of trust compared to those from cultures with high power distance (Landy and Conte, 2009, p. 503). There is no definition of fairness that is acceptable, uniform, or commonly embraced. However, most definitions tend to associate it with aspects such as reciprocity, equality, justice, proportionality, and equity (Zampetti, 2006, p. 26). On the other hand, justice can be defined as the quality of conduct (and not the state of mind) and of conduct towards other people rather than towards oneself (Emery, 2002, p. 28).
Poverty can be defined as the deprivation of the basic needs that everyone is supposed to have access to. For instance, everybody is supposed to have access to both basic education and essential medical services. Households that are poor are entitled to sustain themselves by use of their labor after which they should be able to get a reward that is reasonable. They should also have some kind of protection from external shocks. Besides the aspects of basic services and income, some individuals and societies are likely to continue being poor if they are not empowered to make decisions that can be used to transform their lives (Schelzig and Asian Development Bank, 2005, p. 10).
The theoretical paradigm and approach used
The approach used in this study is deductive since the reasoning in the study proceeds from the general principle regarding the fact that poverty has a role to play in the administering of fairness in treatment within the criminal justice process. The rest of the study then proceeds from this general aspect towards very specific cases that test the expectations.
The guiding theoretical paradigm in this study is the conflict theory (Marxism). This theory maintains that inequality in wealth distribution is the root cause of delinquency in capitalist nations. Such inequality, therefore, results to struggle among people with different social and economic classes. The working masses are exploited by the leaders in the leaders who are guided by capitalism. Since workers produce wealth, they are supposed to have an equal share of this wealth. Marx maintained that this can only take place in a fair system. However, in societies that are capitalistic, much of the wealth goes to those who are in control of resources and have the ability to influence the government and the way in which it carries out its duties (Binder, Geis, and Bruce, 2000, p. 172). Hence due to the absence of fairness in the criminal justice process, it becomes difficult for the poor to be accorded justice. The wealthy can use their power to influence the process of criminal justice.
The unit of analysis for this research study is the comparison between Chicago and a large city in the United States that has diverse economic demographics and races.
Data collection method
Apart from the secondary sources of data which are selected based on their suitability, reliability, and adequacy (Kothari, 2008, p. 111), research will be based on other quantitative and qualitative approaches. Quantifiable data will be derived from quantitative methods while non-quantitative data will be drawn from a qualitative approach. Criminals from middle-class regions and impoverished places will be the participants. For purposes of legal analysis, judges, prosecutors, and lawyers will have to be contacted. Both confirmatory and exploratory methods will be applied in the analysis of the collected data (Langbein, 2004).
The common element in the longitudinal design is that throughout time, individuals are measured repeatedly. On the contrary, in cross-sectional design, one outcome is measured for each person. Although it is possible to address similar scientific questions using either cross-sectional or longitudinal study, the advantage of the longitudinal design over the cross sectional one is that it has the ability to draw a distinction between changes within people after some time from differences among individuals from their baseline levels also known as cohorts (Diggle, 2002, p. 1). Therefore, the longitudinal design will suit the current study to observe any changes over time in the criminal justice process towards the poor.
Subjecting research to the IRB process is helpful in ensuring that some of the goals of communication ethics have been upheld. These goals are not doing harm, effecting outcomes that are positive and enhancing social justice. Since part of the purpose of this research is to ensure that people who are poor are entitled to justice and fairness in the criminal justice process, it is somehow in line with what the IRB review stands for. However, some researchers agree with the goals of the IRB process but differ with some aspects that arise such as interference, bureaucratic ironies and tensions (Cissna, 2009, p. 286).
Conclusion
The research is aimed at establishing whether poverty is a key cause of injustice and discrimination. The key variables are poverty and criminal justice. The deductive approach is used while the conflict theory is the study’s guiding paradigm. The research method is a combination of both quantitative and qualitative techniques. Additionally, longitudinal design and the IRB process will suit the study.
References
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Binder, A. Geis, G. and Bruce, D. (2000). Juvenile delinquency: historical, cultural, and legal perspectives. NY: Elsevier.
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Emery, L.A. (2002). Concerning justice. New Jersey: The Law Book Exchange Limited.
Kothari, C.R. (2008). Research Methodology: Methods and Techniques. Delhi: New Age international.
Landy, F. and Conte, J. (2009). Work in the 21st Century: An Introduction to Industrial and Organizational Psychology. Hong Kong: John Wiley and Sons.
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