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 4
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. Andrade.1 In November 1995, Andrade went to two K-Mart stores and stole nine videotapes worth a total of about $154. Because he had earlier ...
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. Andrade.1 In November 1995, Andrade went to two K-Mart stores and stole nine videotapes worth a total of about $154. Because he had earlier ...
Side 5
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. bias and corruption, to name just a few. We realize that such things are bound to happen at least occasionally. Sometimes evidence is not found ...
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. bias and corruption, to name just a few. We realize that such things are bound to happen at least occasionally. Sometimes evidence is not found ...
Side 9
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. have multiple justifications and thus appear in multiple chapters). We find that rules supported by nondesert justifications are often ...
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. have multiple justifications and thus appear in multiple chapters). We find that rules supported by nondesert justifications are often ...
Side 10
... criminal law's central focus on doing justice. Many lawmakers and academics have become comfortable trading off justice to advance other interests—the interests we catalog and critique in chapters 2–8. As we discuss in chapter 1 ...
... criminal law's central focus on doing justice. Many lawmakers and academics have become comfortable trading off justice to advance other interests—the interests we catalog and critique in chapters 2–8. As we discuss in chapter 1 ...
Side 11
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. usual legal categories. For this reason, we hope the ... criminal law. This page intentionally left blank chapter 1 Doing Justice and Introduction 11.
Why Criminal Law Doesn't Give People What They Deserve Paul H. Robinson, Michael T. Cahill. usual legal categories. For this reason, we hope the ... criminal law. This page intentionally left blank chapter 1 Doing Justice and Introduction 11.
Innhold
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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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