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Related Experiment Video

Updated: Sep 9, 2025

Enhanced Genetic Analysis of Single Human Bioparticles Recovered by Simplified Micromanipulation from Forensic ‘Touch DNA’ Evidence
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Affirmative Action in Criminal Justice.

Benjamin Ewing

    Oxford Journal of Legal Studies
    |September 2, 2025
    PubMed
    Summary

    Even if a hiring process is merit-based, it may still fail to ensure fairness if applicants lacked opportunity. This study defends affirmative action in criminal justice, suggesting leniency for offenders lacking fair opportunities to avoid crime.

    Area of Science:

    • Socio-legal studies
    • Criminal justice ethics
    • Public policy

    Background:

    • Merit-based hiring may not guarantee substantive fairness if applicants lack equal opportunity to develop qualifications.
    • Formal fairness in criminal sentencing (non-discriminatory) can mask substantive unfairness due to disadvantaged offenders' limited opportunities.

    Purpose of the Study:

    • To propose an analogous concept to affirmative action for criminal justice.
    • To argue for leniency in sentencing for offenders who lacked a fair opportunity to avoid criminal behavior.

    Main Methods:

    • Conceptual analysis drawing parallels between employment and criminal justice systems.
    • Ethical argumentation defending the application of 'affirmative action' principles in sentencing.
    Keywords:
    Gladueaffirmative actioncriminogenic disadvantagefair moral opportunitymoral fortificationsentence mitigation

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    Main Results:

    • Substantive fairness requires considering an offender's opportunity to develop capacities and avoid crime.
    • A form of 'affirmative action in criminal justice' could involve mitigating punishment for disadvantaged offenders.

    Conclusions:

    • Criminal justice systems should consider an offender's background and opportunities when determining sentences.
    • Implementing 'affirmative action' in criminal justice can promote greater substantive fairness and equity.