Two Moral Mistakes in the American Criminal Justice System
Eric D. Blumenson
Suffolk University Law School
February 20, 2013
THE TRAGEDY OF LIBERTY, Andras Sajo and Renata Uitz, eds., Fall 2013
Suffolk University Law School Research Paper No. 13-4
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.
Number of Pages in PDF File: 26Accepted Paper Series
Date posted: February 22, 2013
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