Law without Justice: Why Criminal Law Doesnt Give People What They Deserve

Hardcover | November 16, 2005

byPaul H. Robinson, Michael T. Cahill

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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 thisunflinching 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 thesystem 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 overlappingand 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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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 thisunflinching look at American criminal law, Pau...

Paul Robinson, the Colin S. Diver Distinguished Professor of Law at the University of Pennsylvania, is one of the world's leading experts on criminal law. His non-academic work includes service as a federal prosecutor, as counsel for the U.S. Senate Subcommittee on Criminal Laws and Procedures, and as one of the original Commissioners...

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Format:HardcoverDimensions:336 pages, 6.3 × 9.29 × 1.3 inPublished:November 16, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195160150

ISBN - 13:9780195160154

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"Law without Justice is a compelling account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practical limitations ondetecting and prosecuting offenders, Cahill and Robinson demonstrate through vivid discussions of actual cases the many areas where criminal sentencing fails to do justice. This book is a wonderful marriage of theoretical reflection and lessons drawn from practice."--Claire Finkelstein, Professor ofLaw and Philosophy, University of Pennsylvania Law School