Tuesday, November 3, 2009

Does our legal ends agree with our social ends

Based on the discussion in class today I wanted to question our legal systems ends and the goal of our social ends. When we ask, is it oaky to consider things that are extralegal when adjudicating cases? we learn that if we want to think of extralegal characteristics, we cannot think like the positivist. Extralegal factors should always be considered when dealing with justice. As I had discussed in class our legal system is broken and obviously as we have seen an increase in crime and prisoners and we are not seeing an increase in the population that mirrors these proportions. While we can say that it is hard to define that the legal system is required to fix the social problems in this country. We must look at the system as the whole and take a step back, while it is really the role of the legislature to fix the problems of society and the court is simply there to enforce them. The courts realistically have a dramatic impact in how they are to regulate the social climate of sentences and social issues. As we discussed, before there are problems if jail does not reduce recidivism, the system is broken and we are not able to correct what is a serious problem, we must look at how the court operates along side the legislature and how extralegal factors can help change the system of justice as we know it in its flawed state.

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