Errors of Justice: Nature, Sources and Remedies
Cambridge University Press, 2004 - 254 páginas
In this book, Brian Forst takes a fresh new perspective on the assessment of criminal justice policy, examining the prospect of assessing policies based on their impact on errors of justice: the error of failing to bring offenders to justice, on the one hand, and the error of imposing costs on innocent people and excessive costs on offenders, on the other. Noting that we have sophisticated systems for managing errors in statistical inference and quality control processes and no parallel system for managing errors of a more socially costly variety - on matters of guilt and innocence - the author lays the foundation for a common sense approach to the management of errors in the criminal justice system, from policing and prosecution to sentencing and corrections. He examines the sources of error in each sector, the harms they impose on society, and frameworks for analyzing and reducing them.
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What Is an Error of Justice?
Aim and Overview of the Book
Errors of Due Process
What Is Due Process?
Landmark Due Process Cases
The Sources of Due Process Errors and Their Social Significance
Managing Due Process Errors
Prosecutorial Discretion and Errors of Justice
Improved Coordination with Police
Errors of Fact Questions of Culpability and Tactical Errors
Should the Prosecutor Emphasize Conviction Quality or Quantity?
Analyzing Data on Prosecution under a Range of Assumptions about Factual Guilt
Analysis by Crime Category
Errors of Impunity
What Is an Error of Impunity?
Managing Errors of Impunity
Frameworks for Analyzing the Incidence of Justice Errors
The Problem of Reliability
The Problem of Validity
Parallels between Errors of Statistical Inference and Errors of Justice
Managing Errors in Production and Service Delivery Processes
Assessing the Cost of Justice Errors
What Are the Social Costs of Crime and Justice?
Difficulties in Assessing the Social Costs of Crime and Justice
Optimal Levels of Interventions Against Crime
Standards of Evidence
Varying the Parameters
Making Sense of Policing Errors
Nature and Sources of Justice Errors Associated with the Police
Managing Justice Errors Attributable to the Police
Balancing Error Management with Other Policing Goals
Prosecution Policy and Justice Errors
Jury Policy Representativeness and Justice Errors
How Many Jurors? Must Their Decision be Unanimous?
Sentencing and Corrections
Optimum Sanctions under Alternative Frameworks
Sources of Excessive Social Costs in Sentencing
Who Might Cause Sentences to be Outside the Norm?
Should Sanctions be Based on Predictions?
Errors in Corrections
The Critical Role of Incentives and Systems of Accountability
Opportunities for Error in Classification
Failures to Bring Homicide Offenders to Justice
Excessive Intrusions in Homicide Cases
The Death Penalty
Remedies and Impediments to the Management of Errors in Homicide Cases
A Matter of Legitimacy
What is Legitimacy?
Operationalizing the Notion of Legitimacy
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