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On Dispensing Injustice

Abstract

Written by an Arizona judge of twenty-two years trial and appellate experience, this Essay argues that present-day judging in this state involves some injustices in the criminal area, such as "one size fits all" mandatory sentences; law-breaking, trial-diminishing plea agreements; abandoning culpability assessment via mental state in the felony-murder rule; misplaced priorities and severities in the drug war; and wholly counterproductive cost and deterrence issues regarding imprisonment and the death penalty. These practices lead to internal contradictions and inconsistencies. The Essay concludes that, because of their dominant political concerns, legislators are incapable of fashioning a truly just criminal justice system and that others should take over its management.

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43 Ariz. L. Rev. 135 (2001)

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Authors

Judge Rudolf J. Gerber

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