Theory of Justice Analysis
Conception and reality often clash when applied to everyday. In the most optimal society justice is served by punishing criminals so that law abiding citizens can live their lives in peace. The reality is that criminals receive punishments that are less than justice demands and the non-criminals are cheated. This short paper examines justice theories, the utilitarian view, modern justice view and the security based justice. It is important to consider individual justice, mob justice and societal justice as separate institutions. To better understand these institutions the next section explains justice theories.
Justice Theories
In this section two types of justice will be discussed: Rawl's Theory of Justice as Fairness and Libertarianism. Rawls focused on a hypothetical model in order to describe his form of justice. In this hypothetical model individuals are required to choose fundamental principles of basic institutions of a given society (Ilstu). The result choices made by the members of this society will be both fair and just. The two principles are as follows: Equal Liberty and Difference.
"The Equal Liberty Principle states each person is to have the maximum civil liberties compatible with the same liberty for all (Ilstu)". These would be the principles of the United States Constitution; all American citizens are privileged to receive full civil liberties based on the laws of the land. "The Difference Principle states inequalities are permissible only if (a) they can be expected to work to everyone's advantage, especially to the advantage of the least well off, and (b) the positions, offices, roles to which the inequalities attach are open to all under conditions of fair equality of opportunity (Ilstu)".
Again America can be sited in this definition. There are inequalities in America especially when it comes to socioeconomic status. Before the current recession there were three class upper, middle and lower. Now there are only two the upper and lower. While being in the lower class may be undesirable it is not feasible for an upper class only. There must be individual who are willing work to produce for the upper class while receive some marginal benefit for themselves. This type of justice can be considered societal because it governs the entire American culture. Libertarianism is different.
The Libertarian view is based on individual liberties and the governing body of society recognizing and protecting these liberties (Ilstu). This equals the individual having the freedom to peruse her goals in life. This freedom includes every person not simply a select few. This type of justice is obviously individualized. A more concrete idea of civil liberties can be found in the Bill of Rights, such as the right to protect her property and your loved ones from harm. Over time the definition of justice has changed to fit societies and social perceptions in some cases.
Justice Theory vs. Utilitarianism
The Utilitarian way of life is based on laws and institutions that promote the greatest overall or average happiness for its members (Ilstu). The concept of happiness is not concrete but rather a shifting idea based on human perception. Within this idea the theory of human good and the social conditions to realize that good are highlighted. Human beings have basic needs that must be met in order to survive in life. Maslow created a hierarchy of needs and suggested that humans will do whatever it takes to meet their needs. The means can be either legal or illegal (Huitt, 2007).
There is a dividing line between needs and desires. Needs are fundamental factors required for continuation of human life. Human needs include: food, shelter, clothing, safety, and companionship. Desires are driving concepts within human nature to achieve a certain goal. This goal is not necessary for sustaining human life; however, it is a means to make human life better. For instance an impoverished child within an unstable home may strive to be a dominator when he grows up to gain control over life situations. This would be his ideal future but it would not be ideal for significant others in his life. These individuals may feel oppressed. In this aspect the Utilitarian view of justice flawed because human happiness is a desire and not a need, therefore, consensus is impossible.
Modern Justice Definition
The Criminal Justice System is composed of three parts: law enforcement, the courts, and the incarceration network. Legislation is the basis for conduct in society. Laws are designed to state the permissible and the unacceptable behavior of a society’s members. Law enforcement consists of police, special task force, Federal agents, Central Intelligence agents, International Police, etc. These individuals are given the responsibility of enforcing laws on individuals that violate them. The degree of violation can be as small as skipping school or as major as assassinating a public official.
After the criminals have been apprehended the court system decisions on the punishment for the offenders. The punishments have a range as well from community service to death. The American courts have a principle: the accused is innocent until proven guilty. Justice is represented as a statue that is blindfolded holding scales. For those individuals that don’t get either is incarceration. There are various types of jail: minimum, moderate, maximum, and super max. The cycle of established law, enforcing the established law, applying punishment, and punishment served is the formula for justice in the Criminal Justice System. This cycle is for the good of society at large and every citizen is afforded the protections of this structure. The next section discusses justice based on security.
Security Based Justice
Security has two types: private and public. Private security involves organizations and agencies that hire out resources to guard either individuals or groups from harm. Contracts are formulated and money is exchanged before the services are rendered. The services included guarding the client’s residence and the client. The only one afforded the right to protection is the one who pays for the protection. Public protection is society based. The taxes paid by citizens are used to pay provide public services. So in this case justice is defined by the client and the services paid for.
Conclusion
Justice is defined by the governing body which can be an individual, a mob, or society as a whole. Libertarians believe in individual civil liberties, mobs would focus on Utilitarian justice, and Rawls Justice of Fairness would be connected with America’s form of government. Utilitarianism is at odds with the other two types of justice because it is based on the happiness of the individual and not the greater good of the whole.
Because happiness is varied according to person making laws based on this concept is virtually impossible. It is more feasible to create laws based on the desired needs of the people and make the laws as ethical as possible for the majority. Justice can also be based on the type of situation such as public or private. Private allows the payer to create his own justice, while public provides checks and balances based on society.

References
Banks, C. (2009). Criminal justice ethics: Theory and practice (2nd ed.). Los Angeles,

CA: SAGE.
Huitt, W. (2007). Maslow's Hierarchy of Needs. Retrieved from http://www.edpsycinteractive.org/topics/conation/maslow.html Ilstu. (n.d.). Three Theories of Justice. Retrieved from
http://lilt.ilstu.edu/pefranc/3-ts%20of%20justice.htm