Is criminal justice a genuine component of justice? Is the word justice
merely window-dressing for an institution that specializes in coercion
and blame? An argument along these lines would emphasize the fact
that criminal justice institutions impose pain on those who’ve already
imposed pain on others. It would treat criminal justice as an exercise
in score-settling—a communal exercise, of course, not an individual
one, but nonetheless an exercise defined by the dynamic of revenge. In
adopting this position, someone might say that criminal justice has no
serious connection to justice. The word justice is a façade: it’s used to
mislead people as to the true function of legally imposed punishment.
Alternatively, it might be argued that the concept of justice is indispensable
to understanding criminal justice. On this reckoning, there
is something fitting, even right, associated with punishing offenders,
something that elevates it above revenge and that makes it appropriate
to speak of justice when talking about an institution that expresses
the community’s indignation concerning those who have maliciously
harmed others.