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Judul Commonsense Justice : Jurors’ Notions Of The Law / Norman J. Finkel
Pengarang Finkel, Norman J.
Penerbitan Cambridge, Mass. : Hardvars University Press, 2001
Deskripsi Fisik 390 p. ; 25 cm. ;25 cm.
ISBN 978-0674005563
Subjek Law --United States --Public opinion
Jury --United States
Justice; Common sense
Abstrak For the first time in our history, U.S. prisons house over a million inmates, enough to populate a city larger than San Francisco. Building prisons is the new growth industry, as the American public reacts to a perceived increase in violence and politicians take a hard line toward crime. But this eagerness to construct more prisons raises basic questions about what the community wants and will tolerate and what the Supreme Court will sanction. In this timely book, Norman Finkel looks at the relationship between the "law on the books," as set down in the Constitution and developed in cases and decisions, and what he calls "commonsense justice," the ordinary citizen's notions of what is just and fair. Law is an essentially human endeavor, a collection of psychological theories about why people think, feel, and behave as they do, and when and why we should find some of them blameworthy and punishable. But is it independent of community sentiment, as some would contend? Or, as Finkel suggests, do juries bring the community's judgment to bear on the moral blameworthiness of the defendant? When jurors decide that the law is unfair, or the punishment inappropriate for a particular defendant, they have sometimes nullified the law. Nullification represents the jury's desire not to defeat but "to perfect and complete" the law. It is the "no confidence" vote of commonsense justice refusing to follow the path the law has marked out--and pointing to a new path based on what seem to be more just grounds.
Bahasa Inggris
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No Barcode No. Panggil Akses Lokasi Ketersediaan
00000022457 347.73 FIN c Dapat dipinjam Perpustakaan Lantai 3 - Mahkamah Konstitusi RI Tersedia
pesan
00000022458 347.73 FIN c Dapat dipinjam Perpustakaan Lantai 3 - Mahkamah Konstitusi RI Tersedia
pesan
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100 0 # $a Finkel, Norman J.
245 1 # $a Commonsense Justice : Jurors’ Notions Of The Law /$c Norman J. Finkel
260 # # $a Cambridge, Mass. :$b Hardvars University Press,$c 2001
300 # # $a 390 p. ; 25 cm. ; $c 25 cm.
520 # # $a For the first time in our history, U.S. prisons house over a million inmates, enough to populate a city larger than San Francisco. Building prisons is the new growth industry, as the American public reacts to a perceived increase in violence and politicians take a hard line toward crime. But this eagerness to construct more prisons raises basic questions about what the community wants and will tolerate and what the Supreme Court will sanction. In this timely book, Norman Finkel looks at the relationship between the "law on the books," as set down in the Constitution and developed in cases and decisions, and what he calls "commonsense justice," the ordinary citizen's notions of what is just and fair. Law is an essentially human endeavor, a collection of psychological theories about why people think, feel, and behave as they do, and when and why we should find some of them blameworthy and punishable. But is it independent of community sentiment, as some would contend? Or, as Finkel suggests, do juries bring the community's judgment to bear on the moral blameworthiness of the defendant? When jurors decide that the law is unfair, or the punishment inappropriate for a particular defendant, they have sometimes nullified the law. Nullification represents the jury's desire not to defeat but "to perfect and complete" the law. It is the "no confidence" vote of commonsense justice refusing to follow the path the law has marked out--and pointing to a new path based on what seem to be more just grounds.
650 4 $a Jury --United States
650 4 $a Justice; Common sense
650 4 $a Law --United States --Public opinion
990 # # $a 22457/MKRI-P/XI-2011
990 # # $a 22457/MKRI-P/XI-2011
990 # # $a 22457/MKRI-P/XI-2011
990 # # $a 22458/MKRI-P/XI-2011
990 # # $a 22458/MKRI-P/XI-2011
990 # # $a 22458/MKRI-P/XI-2011
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