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robertogreco : williamjstuntz   2

Mass Incarceration and Criminal Justice in America : The New Yorker
In a society where Constitution worship is still a requisite…Stuntz startlingly suggests…Bill of Rights is a terrible document w/ which to start justice system—much inferior to…French Declaration of the Rights of Man, which Jefferson…may have helped shape while…Madison was writing ours.

…trouble w/…Bill of Rights…is that it emphasizes process & procedure rather than principles…Declaration of Rights of Man says, Be just!…Bill of Rights says, Be fair! Instead of announcing general principles—no one should be accused of something that wasn’t a crime when he did it; cruel punishments are always wrong; the goal of justice is, above all, that justice be done—it talks procedurally. You can’t search someone without a reason…can’t accuse him w/out allowing him to see evidence…& so on… has led to the current mess, where accused criminals get laboriously articulated protection against procedural errors & no protection at all against outrageous & obvious violations of simple justice."
constitution  justice  process  procedure  policy  2012  criminaljusticesystem  us  jails  race  reform  legal  prisons  law  politics  crime  prison  williamjstuntz  adamgopnik 
february 2012 by robertogreco
Caterina.net » Justice, and the Problem with the Bill of Rights
"I am reading about the work of the late William J. Stuntz, a law professor at Harvard, who wrote about the criminal justice system, in The Caging of America (recommended!) and Stuntz looks for the reasons why we arrived at this impasse, finding it, ultimately, in the Constitution, particularly in the Bill of Rights. And I was hard struck by how right he was in what was wrong. The problem, as he sees it, is that the Bill of Rights is about process and procedure, rather than principles. Compare, he says, the French Declaration of the Rights of Man and the Citizen with our Bill of Rights — Bills 4-8 establish our judicial system, and are how we end up with more black men in prison than were slaves in 1850, and more than six million people under “correctional supervision”. Gopnik writes:

[citation]

I’d always been uneasy with Constitution-worship, particularly uneasy about the Bill of Rights, and certainly the justice system, but didn’t have the least idea why. This is why."
values  thingsthatarebroken  thingsthatsuck  whatswrongwithamerica  correctionalsupervision  criminaljusticesystem  2012  principles  procedure  process  justice  rights  frenchdeclarationofrightsofmanandthecitizen  adamgopnik  billofrights  france  us  constitution  williamjstuntz 
february 2012 by robertogreco

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