Law without justice : why criminal law doesn't give people what they deserve /
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Book |
| Language: | English |
| Published: |
Oxford ; New York :
Oxford University Press,
2006.
|
| Subjects: | |
| Online Access: | http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&AN=169171 |
Table of Contents:
- Introduction
- Objectives and organization
- The relevance of the project
- 1. Doing justice and the distractions from it
- Why focus on doing justice?
- A further word on what we mean by "doing justice"
- The utility of desert : the practical costs of deviations from doing justice
- pt. I. Promoting justice in a complex world
- 2. Fear of manipulation and abuse
- Is a federal prison guard a "peace officer"?
- Rejecting a defense for reasonable mistake of law (or for necessity, or immaturity)
- "Whoosh, whoosh, push"
- Improperly narrowing or rejecting legitimate excuses
- Sodomized and taunted, the pot boils over
- Relying upon a purely objective standard
- Preventing over-individualization of an objective standard
- 3. Advancing reliability
- Too late for justice
- Statutes of limitation
- Howard aftermath
- Mistakes of youth
- Strict liability
- Excluding coerced confessions and uncounseled lineups
- 4. Making the most of limited resources
- A bargain on contract killings?
- Plea bargaining and witness immunity
- Gravano aftermath
- pt. II. Sacrificing justice to promote other interests
- 5. Living by rules
- Three hundred bodies in the backyard
- Legality
- Marsh aftermath
- Cannibalism at sea
- Denying legitimate excuses (for the sake of clarity)
- Dudley aftermath
- Setting boundaries : legality and changing norms.
- 6. Controlling crime and criminals
- Fleeing as murder
- Deterrence
- Rehabilitation
- TV violence
- Incapacitation
- 7. Controlling police and prosecutors
- Released to kill
- Exclusionary rules
- Speedy trial
- Eyler aftermath
- Pictures in the heating duct
- Double jeopardy
- Ignatow aftermath
- Incompetency
- A winged car powered by cocaine
- Entrapment
- Moral credibility "versus" legitimacy : evaluating the tradeoffs
- 8. Promoting interests unrelated to criminal justice
- Criminal camping
- Criminalization of regulatory violations
- Lindsey aftermath
- Corporate criminality
- The diplomatic rapist
- Diplomatic and official immunity
- pt. III. Regaining moral credibility
- 9. Criminal justice reforms
- Shifting evidentiary burdens
- Revamping the verdict system
- Using alternative punishment methods
- 10. Employing civil rather than criminal process
- Using administrative, instead of criminal, sanctions for regulatory violations
- Controlling police and prosecutor misconduct without letting the criminal go free
- Distinguishing dangerousness from blameworthiness
- Conclusion : doing justice in a complex world.