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
... results that seem unfair or unjust. Probably no criminal-justice system could punish every wrongdoer, and only wrongdoers, and manage to give each of them precisely the punishment he deserves. And cases in which our system has gone ...
... results that seem unfair or unjust. Probably no criminal-justice system could punish every wrongdoer, and only wrongdoers, and manage to give each of them precisely the punishment he deserves. And cases in which our system has gone ...
Side 5
... result that the system would not generate deliberately. Yet there are other cases, like the Andrade case, that exemplify a categorically different group of deviations from justice—deviations that are not irregular or unpredictable, but ...
... result that the system would not generate deliberately. Yet there are other cases, like the Andrade case, that exemplify a categorically different group of deviations from justice—deviations that are not irregular or unpredictable, but ...
Side 6
... result from having those rules. We seek to explain why these law-justice gaps exist, when they are acceptable—or, surprising as it may sound, even desirable— and what can be done to narrow or eliminate these gaps when they are not ...
... result from having those rules. We seek to explain why these law-justice gaps exist, when they are acceptable—or, surprising as it may sound, even desirable— and what can be done to narrow or eliminate these gaps when they are not ...
Side 7
... results that deviate from what the defendant deserves—thereby providing what we think is a nearly comprehensive guide ... result and will be applied again on similar facts in the future. It is the deliberateness of these deviations that ...
... results that deviate from what the defendant deserves—thereby providing what we think is a nearly comprehensive guide ... result and will be applied again on similar facts in the future. It is the deliberateness of these deviations that ...
Side 8
... result, or may even prevent that result, in certain instances due to the compromises necessary to implement a system of criminal justice in the real world. Frequently, the accuracy of these rules, in terms of whether they are more just ...
... result, or may even prevent that result, in certain instances due to the compromises necessary to implement a system of criminal justice in the real world. Frequently, the accuracy of these rules, in terms of whether they are more just ...
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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