Every now and then, we will take a close look at a particular criminal case – sometimes from the headlines, sometimes not – and try to answer the simple question whether the resolution was fair enough? Why fair enough? Because the criminal justice process – and especially criminal sentencing – is a fusion of competing goals and values. It is imperfect and will almost certainly always be so. For example, the criminal justice process seeks to find the truth but at the same time excludes probative information obtained by law enforcement in violation of the Constitution. Sentences are meant to promote public safety through deterrence but also must be proportional to the crime of which the defendant was convicted. Justice is a blend of values, and perfect fairness will usually be unobtainable. Hence, fair enough.
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Fair Enough? Truth, Justice, and the Case of…
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Every now and then, we will take a close look at a particular criminal case – sometimes from the headlines, sometimes not – and try to answer the simple question whether the resolution was fair enough? Why fair enough? Because the criminal justice process – and especially criminal sentencing – is a fusion of competing goals and values. It is imperfect and will almost certainly always be so. For example, the criminal justice process seeks to find the truth but at the same time excludes probative information obtained by law enforcement in violation of the Constitution. Sentences are meant to promote public safety through deterrence but also must be proportional to the crime of which the defendant was convicted. Justice is a blend of values, and perfect fairness will usually be unobtainable. Hence, fair enough.