Understanding Fairness and Justice

A few weeks ago, CELSIR had the extreme honor of sharing in the experiences inmates have had in the justice dispensation process. While some individuals considered their circumstances unfortunate, others were keen on highlighting the silver linings in their grey crowds. Throughout most narrations, two words stood out; fairness and justice. In some cases, the inmates believed that they were unable to receive fairness and justice from the courts while in others, the two elements were absent in the circumstances surrounding their experiences. As an organization, CELSIR strives to elaborate concepts to clients in simple terms without invalidating their perspectives or underrating their experiences within the justice system.

Fairness and justice are concepts contingent on the social contract. Philosopher Plato explains that the social contract essentially presents collective rules, norms and approaches to various issues within the society. For instance, having a presidency as the top political office in a country is based on a collective agreement among people within the country. The agreement exists in the form of a constitution and other legislations and is applicable whenever there are disputes on the regarding the country’s top political leadership. Similarly, the identification of certain actions as criminal offences relies on a societal agreement, which then exists in the form of the penal code and other legislations. Fairness and justice essentially require all the individuals found guilty of the offenses to receive the recommended punishments with no exceptions. As such, the penal code provides an objective foundation for decisions made in courts regarding criminal offences.

It is necessary for legal counsel to help clients understand that considerations such as remorse or ignorance on the severity of punishments associated with their actions do not change legal provisions. In cases where the justice system overlooks necessary ingredients such as the right to an attorney, the persons in conflict with the law fail to attain justice or fairness.

CELSIR strives to ensure that they receive the same treatment recommended in law for people within the circumstances at hand. However, in some cases, accepting judgments and understanding that justice and fairness apply to victims too, offers inmates the necessary closure. CELSIR also offers to walk the journey with the inmates by ensuring that they are treated humanely and that the remainder of their lives in prison are meaningful and bearable.

Article by Ivy Ndindi

Strategy and Innovations Director, CELSIR