Law without justice: why criminal law doesn't give people what they deserve
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Doing Justice and the Distractions from It
PROMOTING JUSTICE IN A COMPLEX WORLD
10 other sections not shown
Other editions - View all
abuse acquittal 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 defendant's DeLorean DeSean desert-based deserved punishment detention deterrence deviations from desert discuss doctrines drug Dudley Dudley and Stephens effect enforcement evidence evidentiary example exclusionary rule Eyler federal felony felony-murder fense Fourth Amendment GBMI Goldstein Gotti Gounagias Gravano guilty idem Ignatow immunity impose insanity defense John DeLorean judge Judith Cummings jury juvenile killing law's legitimacy Lori Marrero Marsh mental Model Penal Code moral credibility murder NGRI offense officers Paul H person plea bargaining police potential prevent prison procedural prohibition prosecution prosecutors rape rationale reason Record Bergen County reform require result Sammy Sammy Gravano sanctions Schaefer sentence sexual speedy-trial Stat statutes of limitation strict liability supra three-strikes three-strikes laws tion trial utilitarian verdict violation