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Borderlines in Private Law

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Errors of Justice: Nature, Sources and Remedies

Brian ForstAmerican University, Washington DC

ISBN13: 9780521821308
ISBN: 0521821304
Published: November 2003
Publisher: Cambridge University Press
Country of Publication: Hardback
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9780521528825



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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.

Subjects:
Criminal Law
Contents:
Preface
1. The problem
2. Errors of due process
3. Errors of impunity
4. Frameworks for analyzing the incidence of justice errors
5. Assessing the cost of justice errors
6. Standards of evidence
7. Police-induced errors
8. Prosecution policy and justice errors
9. The jury
10. Sentencing and corrections
11. Homicide
12. A matter of legitimacy
Bibliography.