ABSTRACT

Fairness theory (FT) is intended to be a theory of the behavior of criminal justice functionaries as well as a theory of crime. As such, it should be applied to the various criminal justice actors from police through prosecutors to corrections. The application of FT to law enforcement has relevance to routine police work as well as on the use of force and other controversial practices. The prosecution's use of FT could address the excessive use of plea bargaining and the withholding of evidence. Applying FT to corrections suggests statements on safe and humane conditions of confinement. Overarching issues to which FT applies include the mentally ill in the criminal justice system, the use of junk science, and conflicts of interest. Addressing these and other practices should result in a system that is fairer and therefore more defensible and less harmful.