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 3
... goal? 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.
... goal? 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 4
... example, that the laws will only apply to seriously violent criminals or other offenders for whom the long punishments might seem sensible in desert-related terms.5 Exploiting these misconceptions, many modern criminal laws follow the ...
... example, that the laws will only apply to seriously violent criminals or other offenders for whom the long punishments might seem sensible in desert-related terms.5 Exploiting these misconceptions, many modern criminal laws follow the ...
Side 5
... example, one can only be troubled by the numerous and well-publicized recent cases involving convicted criminals ... examples of the failures of Introduction 5.
... example, one can only be troubled by the numerous and well-publicized recent cases involving convicted criminals ... examples of the failures of Introduction 5.
Side 9
... example, would avoid the need for some deviation doctrines and might mitigate the distortion caused by others. Finally, we argue that a system incorporating alternative sanctions to incarceration, but also measuring each sanction ...
... example, would avoid the need for some deviation doctrines and might mitigate the distortion caused by others. Finally, we argue that a system incorporating alternative sanctions to incarceration, but also measuring each sanction ...
Side 11
... example, the use of three-strikes statutes that turn the criminal-justice system into a system of cloaked preventive detention and in the creation of an entirely new department of offenses, “regulatory” crimes. This is recent history ...
... example, the use of three-strikes statutes that turn the criminal-justice system into a system of cloaked preventive detention and in the creation of an entirely new department of offenses, “regulatory” crimes. This is recent history ...
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