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
... sentenced under California's “three strikes” law to two consecutive sentences of twenty-five years to life, meaning he will serve a minimum of fifty years in prison for his videotape thefts. Currently, California is spending about ...
... sentenced under California's “three strikes” law to two consecutive sentences of twenty-five years to life, meaning he will serve a minimum of fifty years in prison for his videotape thefts. Currently, California is spending about ...
Side 5
... sentenced to death, who were later proved to be innocent. Less well-publicized, but perhaps more pervasive, are problems involving indigent defendants' lack of access to effective representation. Even so, however significant these ...
... sentenced to death, who were later proved to be innocent. Less well-publicized, but perhaps more pervasive, are problems involving indigent defendants' lack of access to effective representation. Even so, however significant these ...
Side 20
... sentences.11 But retributivists rarely consider the demands of desert to be so vague or flexible. Von Hirsch, for example, notes that desert includes an ordinal ranking of cases: offenders of lesser blameworthiness should be punished ...
... sentences.11 But retributivists rarely consider the demands of desert to be so vague or flexible. Von Hirsch, for example, notes that desert includes an ordinal ranking of cases: offenders of lesser blameworthiness should be punished ...
Side 21
... sentencing method without offending desert.)14 THE UTILITY OF DESERT: THE PRACTICAL COSTS OF DEVIATIONS FROM DOING JUSTICE We have stated that most people find desert to be a proper goal for criminal law and have affirmative (if ...
... sentencing method without offending desert.)14 THE UTILITY OF DESERT: THE PRACTICAL COSTS OF DEVIATIONS FROM DOING JUSTICE We have stated that most people find desert to be a proper goal for criminal law and have affirmative (if ...
Side 30
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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