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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.

Keywords: criminal justice, criminal procedure, mercy, pardon, forgiveness, clemency, parole, prosecutors, rule of law, discretion, prosecutors

Accepted Paper Series

Date posted: June 11, 2008 ; Last revised: April 13, 2009

Suggested Citation

Bibas, Stephanos, Political Versus Administrative Justice. Criminal Law Conversations, 2009; U of Penn Law School, Public Law Research Paper No. 08-24. Available at SSRN: http://ssrn.com/abstract=1142910

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Contact Information

Stephanos Bibas (Contact Author)

University of Pennsylvania Law School ( email )

3400 Chestnut Street
Philadelphia, PA 19104-6204
United States
215-746-2297 (Phone)

HOME PAGE: http://www.law.upenn.edu/cf/faculty/sbibas/