Law without Justice: Why Criminal Law Doesn't Give People What They Deserve

by Paul H. Robinson, Michael T. Cahill

If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without
Justice challenges us to restore justice to the criminal justice system.

336 pages, Hardcover

First published October 1, 2005

About the author

Paul Robinson is one of the world’s leading criminal law scholars. A former federal prosecutor and counsel for the U.S. Senate Subcommittee on Criminal Laws and Procedures, he was the lone dissenter when the U.S. Sentencing Commission promulgated the current federal sentencing guidelines. Among his books are the standard lawyer’s reference on criminal law defenses, two Oxford monographs on criminal law theory, a highly regarded criminal law treatise, and an innovative case studies course book.

He is the lead editor of Criminal Law Conversations (Oxford, 2009), based on a 10-month online debate by more than 100 scholars from around the world, and author of Distributive Principles of Criminal Law: Who Should Be Punished How Much? (Oxford, 2008; also appearing in Spanish and Chinese). Robinson recently completed two criminal code reform projects in the United States and the first modern Islamic penal code under the auspices of the U.N. Development Program. He also writes for general audiences, including popular books such as Would You Convict? Seventeen Cases that Challenged the Law (NYU, 1999) and Law without Justice: Why Criminal Law Doesn’t Give People What They Deserve (Oxford, 2005).