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 vii
... discuss this project and for their feedback. Similar thanks are due to Chicago-Kent College of Law and Florida State University College of Law, and to the faculty participants in workshops at those schools. Various colleagues at ...
... discuss this project and for their feedback. Similar thanks are due to Chicago-Kent College of Law and Florida State University College of Law, and to the faculty participants in workshops at those schools. Various colleagues at ...
Side 3
... ? Surprisingly often, it isn't. To take just one brief example—we discuss the underlying rule in more detail in chapter 6—consider the case of Leandro Andrade.1 In November 1995, Andrade went to two K-Mart stores 3 Introduction.
... ? Surprisingly often, it isn't. To take just one brief example—we discuss the underlying rule in more detail in chapter 6—consider the case of Leandro Andrade.1 In November 1995, Andrade went to two K-Mart stores 3 Introduction.
Side 8
... relation to desert, but also in relation to its own stated goal (or goals—some rules we discuss, such as the felony-murder doctrine, have multiple justifications and thus appear in multiple chapters). We 8 law without justice.
... relation to desert, but also in relation to its own stated goal (or goals—some rules we discuss, such as the felony-murder doctrine, have multiple justifications and thus appear in multiple chapters). We 8 law without justice.
Side 9
... discuss reforms that may help to eliminate, or at least reduce, the current system's deviations from the principle of desert. We find that some current doctrines do effectively promote important interests, but can and should be replaced ...
... discuss reforms that may help to eliminate, or at least reduce, the current system's deviations from the principle of desert. We find that some current doctrines do effectively promote important interests, but can and should be replaced ...
Side 10
... discuss the previously offered proposals because we wish to point out their relation to the project of promoting desert, and because, where appropriate, we wish to discuss how these proposals might best be tailored to maximize their ...
... discuss the previously offered proposals because we wish to point out their relation to the project of promoting desert, and because, where appropriate, we wish to discuss how these proposals might best be tailored to maximize their ...
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