Intuitions of Justice and the Utility of Desert 1st edition by Robinson, Paul H. (2013) Hardcover

by Paul H. Robinson

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.

Hardcover

First published January 1, 2013

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).