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Intuitions of Justice and the Utility of Desert (Hardcover)
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Intuitions of Justice and the Utility of Desert (Hardcover)
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Research suggests that people of all demographics have nuanced and
sophisticated notions of justice. In this intriguing new book, Paul
H. Robinson demonstrates that judicial decisions that deviate from
public conceptions of justice and desert can seriously undermine
the American criminal justice system's integrity and legitimacy by
failing to recognize or meet the needs of the communities it
serves. Intuitions of Justice and the Utility of Desert sketches
the contours of a wide range of lay conceptions of justice,
touching many if not most of the issues that penal code drafters or
policy makers must face, including normative crime control,
universal understandings of justice, culpability, principles of
adjudication, grading sentencing, justification defenses, and
judicial discretion. Robinson warns that compromising the American
criminal justice system to satisfy other interests can uncover
hidden the costs incurred when a community's notions about justice
are not reflected in its criminal laws. By ignoring the intuitions
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 legitimacy, creating a
gap between what justice a community needs and what justice a court
or law prescribes.
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