Utilitarianism In Criminal Justice

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According to utilitarianisms, the proper course of any action is that which maximizes the utility (Mill 90). Utilitarianism aims at maximizing the total profit or benefit in order to minimize the negatives or the suffering which is the similar concept that is applied by justice. Just like justice where the consequences of an action are debated over, utilitarianism also applies this similar concept. The concept of utilitarianism allows rules to be used to help in determining the right action to be taken since the problems of determining the effects or outcome of every action must result in selecting something that will produce the best result. Justice also aims at providing the best results against every action taken to minimize the negatives.…show more content…
It means that the role of the law is to make a prediction of what the courts will use to bring consequences or punishment. The law of prediction is mainly used by lawyers when they are handling the case of different individuals. As a lawyer, they have to predict the consequences or punish from the court based on the crime or evidence available against a perpetrator of the crime. It means that the laws have to become judge themselves before the courts in order to prove the innocence or guilt of a person that would result in consequence or punishment. According to Holmes, Lawyers apply the law of predication by being a “bad man” (Holmes 132). They have to care less for the ethics or patronizing concepts of the nature of the law. What the lawyers care about is being able to predict the outcome to help the person they are representing to either avoid paying for damages or stay out of jail. The law of predication is what enables most lawyers to win their cases in the courtroom. A bad man must be able to distinguish between law and morality in their prediction in order to prevent disagreeable consequences of not obeying the law. According to Holmes, the concept of being a bad man as applied by the lawyers helps everyone to obey the law. It is also a guideline that the lawyers use to correctly predict the outcome of the courts and advise their clients accordingly based on the available evidence against

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