Political Versus Administrative Justice
University of Pennsylvania Law School
Criminal Law Conversations, 2009
U of Penn Law School, Public Law Research Paper No. 08-24
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.
Number of Pages in PDF File: 3
Keywords: criminal justice, criminal procedure, mercy, pardon, forgiveness, clemency, parole, prosecutors, rule of law, discretion, prosecutors
Date posted: June 11, 2008 ; Last revised: April 13, 2009