Post by Sapphire Capital on Aug 8, 2008 20:21:14 GMT 4
Political Versus Administrative Justice
Stephanos Bibas
University of Pennsylvania Law School
Criminal Law Conversations, 2009
U of Penn Law School, Public Law Research Paper No. 08-24
Abstract:
This comment responds to an essay by Rachel Barkow, which insightfully links the decline of mercy in American criminal justice to the rise of a rule-of-law ideal inspired by administrative law. This comment notes the dangers of the administrative, rule-focused, judiciocentric approach to criminal justice. Instead, it suggests a more political approach, with more judicial deference to political actors and less judicial policing of equal treatment.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1195882_code615352.pdf?abstractid=1142910&mirid=2
Stephanos Bibas
University of Pennsylvania Law School
Criminal Law Conversations, 2009
U of Penn Law School, Public Law Research Paper No. 08-24
Abstract:
This comment responds to an essay by Rachel Barkow, which insightfully links the decline of mercy in American criminal justice to the rise of a rule-of-law ideal inspired by administrative law. This comment notes the dangers of the administrative, rule-focused, judiciocentric approach to criminal justice. Instead, it suggests a more political approach, with more judicial deference to political actors and less judicial policing of equal treatment.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1195882_code615352.pdf?abstractid=1142910&mirid=2