I am thrilled to announce that Prof. Paul Robinson (Penn) and Jeffrey Seaman will be guest-blogging this upcoming week to discuss their new book. The publisher’s summary is as follows:
Many murderers and rapists evade justice, a disturbing reality that has been largely overlooked until now. This groundbreaking book delves into nearly every aspect of the criminal justice system, examining the regulations and practices that frequently result in failures of justice in serious criminal cases. Each chapter outlines the nature and scope of justice failures in current practices, detailing the interests at stake and providing real-life examples. Furthermore, each chapter discusses proposed and implemented reforms that could better balance the conflicting interests in a manner that is less frustrating to justice, and recommends one—sometimes entirely original—reform to enhance the system.
A systematic examination of justice failures is long overdue. As this book explores, consistent failures of justice in serious criminal cases undermine deterrence and the credibility of the criminal justice system as a moral authority in the community. The harm caused by unpunished crime is substantial and, even worse, disproportionately affects vulnerable minority communities. For the first time, students, researchers, policymakers, and citizens have a resource that elucidates why justice failures occur and suggests potential remedies.
Utilizing an impressive array of case studies, criminological reports, assessments of federal and state laws, and opinion surveys, Confronting Failures of Justice is a comprehensive yet incisive examination of the various ways in which our legal system hinders the objective of ensuring that individuals who commit crimes face the appropriate consequences. This book’s thoughtful compilation of solutions to rectify these injustices provides policymakers with a feasible and theoretically sound blueprint for reform.
—Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University; author of Rehabilitating Criminal Justice: Policing, Adjudication and Sentencing
Confronting Failures of Justice is undeniably a tour de force. The writing is compelling, and the subject is urgent. It offers a model of clear thinking about the justice system, meticulously evaluates where and why justice falls short, and presents a compelling argument about the necessity of doing justice. It is poised to become a classic.
—Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College
This is the most original and captivating book on criminal law I have encountered in years. Every page taught me something crucial. Both liberals and conservatives should be open to these innovative ideas on how serious crime can be reduced.
—Douglas N. Husak, Distinguished Professor of Philosophy and Law, Rutgers University; author of The Philosophy of Criminal Law
When a person should not be punished, or is punished excessively, the injustice is readily apparent. What is harder to discern is the injustice at play when those who should be punished evade capture, and their crimes go unsolved. Robinson, Seaman, and Sarahne perform a valuable service by shedding light on this invisible injustice, identifying its numerous causes, and offering practical proposals for reform. Highly recommended.
—Stephen P. Garvey, A. Robert Noll Professor of Law, Cornell Law School
Criminal law luminary Paul Robinson and his esteemed collaborators have produced a text that challenges the prevailing contemporary academic discourse, questioning whether a modern liberal society that aims to enhance the lives and circumstances of all its members must prioritize its moral obligation to mete out just punishment to wrongdoers as much as it does in avoiding unjust punishment of the innocent. Frequently, modern intellectual discussions become echo chambers of repetitive commentary that overlook a multitude of alternative paths. Confronting Failures of Justice systematically explores those alternative avenues. Kudos for delivering such a thoughtful analysis.
—Robert Steinbuch, law professor, University of Arkansas at Little Rock
This extensive, meticulously researched book by Paul Robinson, Jeffrey Seaman, and Muhammad Sarahne delves into the challenges facing criminal justice today, primarily in English-speaking countries. It comes highly recommended for all those dedicated to a just society.
—George P. Fletcher, Cardozo Professor of Jurisprudence, Columbia University School of Law
Confronting Failures of Justice is thorough and meticulously researched, yet presents its erudition in an accessible and engaging manner, providing a vivid and highly readable exploration of the shortcomings of criminal law—and possible ways to mitigate or prevent them—that will captivate and educate both academics and general readers. With numerous compelling real-world examples, this book examines a wide range of serious and troubling injustices, while tempering its tragic narratives with hopeful proposals for reform.
—Michael T. Cahill, emeritus president and dean, Brooklyn Law School
Confronting Failures of Justice brilliantly and non-ideologically weaves together criminal law theory, substance and procedure, meticulous examination of the criminal justice system, extensive statistical research, and illustrative case studies to convincingly demonstrate the regular, immensely costly failures of the criminal justice system to uphold justice. It explores the causes of such injustice and, equally importantly, offers sensible solutions to the issues arising at each stage of the system. It is a balanced, authoritative work that is essential for those seeking to comprehend and improve American criminal justice.
—Stephen J. Morse, Ferdinand Wakeman Hubbell Professor of Law and professor of psychology and law in psychiatry, University of Pennsylvania
