Errors of Justice : Nature, Sources, and Remedies

includes index and biblioraphy

1 The Problem 1 Introduction 1 What Is an Error of Justice ? 3 Aim and Overview of the Book 7 2 Errors of Due Process 10 Introduction 10 What Is Due Process? 11 Landmark Due Process Cases 13 The Sources of Due Process Errors and Their Social Significance 16 Managing Due Process Errors 19 Conclusion 21 3 Errors of Impunity 22 Introduction 22 What Is an Error of Impunity ? 23 The Sources and Consequences of Errors of Impunity 23 Managing Errors of Impunity 27 Conclusion 30 4 Frameworks for Analyzing the Incidence of Justice Errors 31 Introduction 31 Managing Errors of Statistical Inference: The Problem of Reliability Managing Errors of Statistical Inference: The Problem of Validity Parallels between Errors of Statistical Inference and Errors of Justice Managing Errors in Production and Service Delivery Processes Conclusion 5 Assessing the Cost of Justice Errors Introduction What Are the Social Costs of Crime and Justice? Difficulties in Assessing the Social Costs of Crime andjustice Optimal Levels of Interventions Against Crime Initial Estimates Conclusion 6 Standards of Evidence Introduction Varying the Parameters Conclusion 7 Police-Induced Errors 66 Introduction 66 Making Sense of Policing Errors 67 Nature and Sources of Justice Errors Associated with the Police 69 Managing Justice Errors Attributable to the Police 92 Balancing Error Management with Other Policing Goals 106 Conclusion 109 8 Prosecution Policy andjustice Errors Introduction Prosecutorial Discretion and Errors of Justice Improved Coordination with Police Errors of Fact, Questions of Culpability, and Tactical Errors 118 Should the Prosecutor Emphasize Conviction Quality or Quantity? 120 Analyzing Data on Prosecution under a Range of Assumptions about Factual Guilt 122 Analysis by Crime Category 127 Conclusion 131 TheJury 134 Introduction 134 Jury Policy, Representativeness, and Justice Errors 136 How Many Jurors ? Must Their Decision be Unanimous ? 140 Jury Dynamics 145 Conclusion 149 10 Sentencing and Corrections Introduction Optimum Sanctions under Alternative Frameworks Sources of Excessive Social Costs in Sentencing Who Might Cause Sentences to be Outside the Norm ? Should Sanctions be Based on Predictions? Errors in Corrections The Critical Role of Incentives and Systems of Accountability Conclusion 11 Homicide Introduction Basics about Homicide: Opportunities for Error in Classification Failures to Bring Homicide Offenders to Justice Excessive Intrusions in Homicide Cases The Death Penalty Remedies and Impediments to the Management of Errors in Homicide Cases Conclusion 12 A Matter of Legitimacy Introduction What Is Legitimacy ? Operationalizing the Notion of Legitimacy