The Role of Limiting Principles in Criminal Justice System

This report examines the crucial role of limiting principles within the criminal justice system, focusing on ensuring fairness, equity, and just outcomes. The author discusses the importance of limiting principles in maintaining control over legal processes and preventing disproportionate punishments. The report highlights the significance of these principles in promoting fair trials and equitable sentencing, referencing key concepts such as proportionality and desert theory. It also explores the impact of limiting principles on restorative justice and the potential consequences of their absence, such as inconsistent sentencing. Furthermore, the report acknowledges the importance of considering retributive justice alongside reconciliation. The report emphasizes the need for limiting principles to deliver justice and limit the scope of law. The report concludes by reiterating the importance of these principles for a fair and equitable justice system.

Running head- LIMITING PRINCIPLES
Limiting Principles
Name of the Student
Name of the University
Author Note

1Limiting Principles
Part I – Original Thought
Justice is stated as an action that works following the functioning of the law. In order
to deliver a fair, just and equitable decision following the proper rule for that is necessary.
The limiting principles are essential in order to establish control of such law.
The limiting principles are an integral part of the criminal justice system by ensuring
the equity of fair trial and fair conduct. The limiting principle imposes upon the decree of
punishment for the decree of crime. For instance, a person cannot be punished for life
imprisonment for just a minor theft. So it becomes essential to understand the decree of
sanction that is necessary for the conduct (Beyond Intractability 2020). Hence, limiting
principles play a crucial role by limiting such legislations as per the requirement of the
conduct of the accused. The principles of justice are the key to the usage of limiting
principles. Justice is integral to a well-functioning society (Palmer, Lint, and Dalton 2016).
The modes are governed under these limiting principles as laid down by the law. According
to Hirsh’s suggestion, the absence of limiting principles in cases of restoration of justice can
lead to inconsistent sentencing.
In conclusion, it is stated that limiting principles are the key to providing fair trial and
speedy justice. In order to establish justice, the usages of the limiting principles become
evident. Hence, limiting principles are crucial in providing fair justice; so one must
acknowledge the prejudice of justice and injustices that persist despite these measures.
Part II – Response
Limiting principles is an essential aspect in order to deliver justice in a fair, just and
equitable way. I agree to this approach that the justice systems need to ensure the equity and

2Limiting Principles
fairness for all the parties and in order to achieve that some limitation must be imposed in
order to maintain the flow of justice.
However, understanding the degree of the crime and the degree of punishment
imposed upon the person is very much necessary in order to deliver justice. So, “Desert
Theory” is an excellent example of the limiting principles as it ensures the notion of equality
in the judicial system. Apart from that The theory of “Proportionality” is also considered as a
tool of the limiting principles as it aims at balancing the sanction with the decree of crime in
order to deliver justice (Marks 2015). The deliveries of justice become essential, and for that,
this theory comes into practice. Criminal Justice System yields at specific goals that include
deterrence, retribution and rehabilitation. By the usage of such principles, it becomes easy to
understand the required justice in order for a fair trial. Ashworth asserted that the inadequacy
of limiting principles in cases of restorative justice arise from unclear precedents, and it can
negate the proportionality. So, one must also consider ensuring justice in a retributive light,
rather than focusing on reconciliation.
In conclusion, the usages of limiting principles are essential in order to deliver justice.
Limiting principles can establish a fair and equitable way by restricting the law.

3Limiting Principles
Reference
Beyond Intractability (2020). Principles of Justice and Fairness. Beyond Intractability.
Available at: https://www.beyondintractability.org/essay/principles_of_justice [Accessed 16
Feb. 2020].
Marks, R. (2015). Crime & punishment. [Australia]: Read How You Want.
Palmer, D., de Lint, W. and Dalton, D. (2016). Crime and justice: a guide to criminology. 5th
ed. Rozelle, N.S.W.: Thomson Reuters Legal Australia.