Criminal Justice as Rational

1922 Words8 Pages
| Criminal Justice as Rational: | Understanding Search and Seizure Procedural Law | | | | The focus of this paper is on the criminal justice as rational legal perspective and how it relates to my chosen topic of study, search and seizure procedural law. First I will give a brief background of this perspective using the pain and pleasure hypothesis as suggested by Jeremy Bentham, as well as the social contract theory relating to the rational legal perspective. I will then attempt to define and discuss the basic components of the rational legal orientation; democracy, the constitution and the rule of law. Using these three basic components of the rational legal perspective I will then be able to draw conclusions analyzing search and seizure procedural law and its relation to the rational legal orientation. Criminal justice as rational is a perspective of the criminal justice system that adopts the utilitarian belief that human beings are reasonable and rational creatures. A utilitarian study means that everything is valuable; it has a utility or useful purpose, (Gorkoff, Personal Communication October 2012.) Jeremy Bentham focuses on the principles of utility. In his writing, ‘An Introduction to the Principles of Morals and Legislation,’ he shows that people have two measures of action; ones that determine pain and those that bring pleasure, both governments and individuals consider these actions when creating, maintaining, enforcing and following laws, (Gorkoff, Personal Communication October 2012.) Bentham states that; “pleasures then, and the avoidance of pains, are the ends which the legislator has in view,” (Bentham, pg 106), meaning that crime and action are determined by the end goal of whether it brings pleasure or pain to the individual. This is important to the study of criminal justice as rational because people are
Open Document