Research suggests that people of all demographics have nuanced and
sophisticated notions of justice. The core of those judgments is often
intuition rather than reason. Should the criminal law heed what
principles are embodied in those deep seated judgments? In _Intuitions
of Justice and the Utility of Desert_, Paul H. Robinson demonstrates
that criminal law rules that deviate from public conceptions of
justice and desert can seriously undermine the American criminal
justice system's integrity and credibility by failing to recognize or
meet the needs of the communities it serves. Professor Robinson
sketches the contours of a wide range of lay conceptions of what
criminals justly deserve, touching upon many issues that penal code
drafters or policy makers must face, including normative crime
control, culpability, grading, sentencing, justification and excuse
defenses, principles of adjudication, and judicial discretion. He
warns that compromising the American criminal justice system to
satisfy other interests can uncover the hidden costs incurred when a
community's notions about justice are not reflected in its criminal
laws._Intuitions of Justice and the Utility of Desert _shows that by
ignoring the views of justice held by the communities they serve,
legislators, policymakers, and judges undermine the relevance of the
criminal justice system and reduce its strength and credibility,
creating a gap between what justice a community needs and what justice
a court or law prescribes.
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Produktdetaljer
ISBN
9780199344192
Publisert
2020
Utgiver
Vendor
Oxford University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter