Law without Justice: Why Criminal Law Doesn't Give People What They DeserveOxford University Press, 1. des. 2005 - 336 sider If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without Justice challenges us to restore justice to the criminal justice system. |
Inni boken
Resultat 1-5 av 78
Side 6
... argue that our project, which takes seriously the potential justifications for rules that sacrifice desert and tries ... arguments about what one observer has called the “pathological politics of criminal law.”7 Indeed, we have ourselves ...
... argue that our project, which takes seriously the potential justifications for rules that sacrifice desert and tries ... arguments about what one observer has called the “pathological politics of criminal law.”7 Indeed, we have ourselves ...
Side 8
... argue, are better promoted through other mechanisms that do not distort the criminal-justice system's potential to do justice. Once we have examined the purposes of the rules that generate departures from desert, we are able to explore ...
... argue, are better promoted through other mechanisms that do not distort the criminal-justice system's potential to do justice. Once we have examined the purposes of the rules that generate departures from desert, we are able to explore ...
Side 9
... argue for two general types of reform. The first group of reforms would occur within the criminal-justice system. Specifically, we argue that shifting the burden of persuasion to the defendant is a more rational response to potential ...
... argue for two general types of reform. The first group of reforms would occur within the criminal-justice system. Specifically, we argue that shifting the burden of persuasion to the defendant is a more rational response to potential ...
Side 15
... argue about whether the death penalty imposes punishment beyond what any person, even a mass murderer, deserves. (Notice that this example is not contrary to what we just said about people's general agreement as to relative punishments ...
... argue about whether the death penalty imposes punishment beyond what any person, even a mass murderer, deserves. (Notice that this example is not contrary to what we just said about people's general agreement as to relative punishments ...
Side 17
... argued elsewhere, a desert-based system may more effectively reduce crime than would a system that sacrificed desert, even if it did so precisely for the sake of achieving crime reduction.5 To put the argument in stark terms, what would ...
... argued elsewhere, a desert-based system may more effectively reduce crime than would a system that sacrificed desert, even if it did so precisely for the sake of achieving crime reduction.5 To put the argument in stark terms, what would ...
Innhold
3 | |
13 | |
25 | |
SACRIFICING JUSTICE TO PROMOTE OTHER INTERESTS | 87 |
REGAINING MORAL CREDIBILITY | 203 |
Doing Justice in a Complex World | 229 |
Notes | 233 |
Index | 313 |
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
abuse acquittal actor argue arrest Ayree blameworthiness chapter charges civil claim Code Ann commit conduct conviction corporate criminal cost Courier-Journal Courier-Journal Louisville court Crematory Crim crime criminal law criminal liability criminal-justice system criminal-law culpability dangerous Darley defendant’s DeLorean DeSean desert-based detention deterrence deviations from desert discuss doctrines drug Dudley Dudley and Stephens effect evidence evidentiary example exclusionary rule Eyler federal felony felony-murder fense Fourth Amendment GBMI goal Goldstein Gotti Gounagias Gravano guilty idem Ignatow immunity impose insanity defense John DeLorean judge jury juvenile killing law’s legitimacy Lori Marrero Marsh Model Penal Code moral credibility murder NGRI offender’s offense officers Paul H person plea bargaining police potential prevent prison prohibition prosecution prosecutors rape rationale reason Record Bergen County reform require result Robinson Sammy Sammy Gravano sanctions Schaefer sentence sexual speedy-trial Stat state’s statutes of limitation strict liability supra three-strikes three-strikes laws tion trial utilitarian verdict violation