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. |
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Side iv
... system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise ... justice : why criminal law doesn't give people what they deserve / Paul H. Robinson, Michael T. Cahill. p. cm. Includes ...
... system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise ... justice : why criminal law doesn't give people what they deserve / Paul H. Robinson, Michael T. Cahill. p. cm. Includes ...
Side xi
... Criminal Justice 186 Criminal Camping 187 Criminalization of Regulatory Violations 190 Lindsey Aftermath 192 ... Justice Reforms 205 Shifting Evidentiary Burdens 205 Revamping the Verdict System 210 Using Alternative Punishment Methods ...
... Criminal Justice 186 Criminal Camping 187 Criminalization of Regulatory Violations 190 Lindsey Aftermath 192 ... Justice Reforms 205 Shifting Evidentiary Burdens 205 Revamping the Verdict System 210 Using Alternative Punishment Methods ...
Side 3
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson ... system at all: to help give people what they deserve when life has not. If ... justice has not been done, and this offends and angers us. Isn't justice supposed ...
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson ... system at all: to help give people what they deserve when life has not. If ... justice has not been done, and this offends and angers us. Isn't justice supposed ...
Side 4
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson ... justice by treating minor offenses as if they were far more serious than significant ... system of justice, there will be some results that seem unfair or unjust ...
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson ... justice by treating minor offenses as if they were far more serious than significant ... system of justice, there will be some results that seem unfair or unjust ...
Side 5
... criminal-justice system themselves view such outcomes as unfortunate, hope they are no more than individual aberrations, and make efforts to avoid their recurrence. Some of these errors may reflect widespread and significant problems ...
... criminal-justice system themselves view such outcomes as unfortunate, hope they are no more than individual aberrations, and make efforts to avoid their recurrence. Some of these errors may reflect widespread and significant problems ...
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 |
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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