America’s legal system harbors serious, widespread injustices. Many
defendants are sent to prison for nonviolent offenses, including many
victimless crimes. Convicts often serve draconian sentences in crowded
prisons rife with abuse. Almost all defendants are convicted without
trial because prosecutors threaten defendants with drastically higher
sentences if they request a trial. Most Americans are terrified of
encountering any kind of legal trouble, knowing that both civil and
criminal courts are extremely slow, unreliable, and expensive to use.
This book explores the largest injustices in the legal system and what
can be done about them. Besides proposing institutional reforms, the
author argues that prosecutors, judges, lawyers, and jury members
ought to place justice before the law – for example, by refusing to
enforce unjust laws or impose unjust sentences. Issues addressed
include: · The philosophical basis for judgments
about rights and justice · The problems of
overcriminalization and mass incarceration · Abuse of
power by police and prosecutors · The injustice of
plea bargaining · The appropriateness of jury
nullification · The authority of the law, or the lack
thereof Justice Before the Law is essential reading for everyone
interested in legal ethics, the rule of law, and criminal justice. It
is also ideal for students of legal philosophy.
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Produktdetaljer
ISBN
9783030675431
Publisert
2021
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter