Law without Justice: Why Criminal Law Doesn't Give People What They Deserve
- ISBN-10
- 0190289538
- ISBN-13
- 9780190289539
- Category
- Law
- Pages
- 336
- Language
- English
- Published
- 2005-12-01
- Publisher
- Oxford University Press
- Authors
- Paul H. Robinson, Michael T. Cahill
Description
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.
Get the book
Other editions
-
- 2005-12-01
- 336 pages
- Ebook
- Oxford University Press
-
- 2006
- 319 pages
- Paperback
- Oxford University Press on Demand
Similar books
-
Justice Without Law?
By Jerold S. AuerbachAn examination of various types of litigation - arbitration, mediation, and conciliation.
-
Law Without Values: The Life, Work, and Legacy of Justice Holmes
By Albert W. Alschuler" In Law without Values, Albert W. Alschuler paints a much darker picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favored eugenics, and as he himself acknowledged, came "devilish near to ...
-
Law Without Lawyers, Justice Without Courts: On Traditional Chinese Mediation
By Bee Chen GohSeen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese.
-
Punishing Atrocities through a Fair Trial: International Criminal Law from Nuremberg to the Age of Global Terrorism
By Jonathan HafetzPunishing Atrocities through a Fair Trial explores this tension, from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court.
-
Freedom without Justice: The Prison Memoirs of Chol Soo Lee
By Chol Soo LeeFreedom without Justice is the compelling story of Chol Soo Lee’s wrongful imprisonment and his years of survival in prison, while political activists fought to win his freedom.
-
Justice Before the Law
By Michael Huemer10 Reaves 2009, p. 6. For extended discussion, see Balko 2014. 12 Mosteller 2020. 13 The Economist 2014. 14 Delehanty et al. 2017. 7.2.2 The System's Response Fewer than 1% of police killings 7 Abuse of Power 175.
-
Court of Injustice: Law Without Recognition in U. S. Immigration
By J. C. SalyerIn this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.
-
Law Without Values: The Life, Work, and Legacy of Justice Holmes
By Albert W. AlschulerIn Law without Values, Albert W. Alschuler paints a much darker picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favored eugenics, and as he himself acknowledged, came devilish near to ...
-
Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law
By Darryl RobinsonCoherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
-
The Enterprise of Law: Justice Without the State
By Bruce L. BensonQuestioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government.