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February 24, 2013

"Two Moral Mistakes in the American Criminal Justice System"

The title of this post is the title of this notable book chapter by Eric Blumenson now available via SSRN. Here is the abstract:

A state’s criminal justice system must serve two masters: it must protect the security of persons and property, and it must respect the liberties of the people.  It is bound by both duties and must strike the morally correct balance between them. In this paper, I discuss some principles that I believe must be elements in that balance.  I defend these principles as a necessary part of any effective, liberty-respecting criminal justice system; describe the extreme departure from those principles in the United States; and note some recent interest in reforms that, should they take root, could mark the beginning of an American transition towards a safer, less incarcerated and more liberty-affirming country.

February 24, 2013 at 11:51 AM | Permalink

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