Judges and courts do a considerable amount of harm in applying
some criminal laws and policies, such as the felony murder rule,
mandatory sentences, and the drug war. These and other positivist
policies do not lessen crime, but instead, teach criminogenic
messages contrary to what a magisterial criminal policy would
teach. American judges apply criminal laws and policies that teach
wrong lessons to users of the justice system, including criminals
themselves. The source of this lies both in judicial passivity and
legislative indifference. Judge Gerber expresses his confidence
that a justice-oriented system can be achieved when politicians
surrender control of the justice system to professionals in the
field.
American judges apply criminal laws and policies that teach
wrong lessons to users of the justice system, including the
criminals themselves. These wrong lessons include mathematical and
mandatory sentencing, plea bargaining, the death penalty, the
felony murder rule, marijuana prohibitions, the drug war, and the
penchant for solving crime by building more and bigger prisons. The
source of these harms lies both in judicial passivity and
legislative indifference to the costs and shortcomings of
anti-crime policies, usually because of nothing but electoral
concerns. The result is a system of laws and policies that really
have little to do with lessening crime but much to do with
politics. The book contrasts this positivist criminal justice
system with a justice-oriented magisterial system which Judge
Gerber believes, can be achieved if politicians surrender control
of the justice system to professionals and experts in that field.
This book has applications for academic as well as professional use
and will also be of interest to some general readers who are
interested in the legal system.
General
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