Document Type
Article
Publication Date
8-1-2008
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. The essay by Rachel Barkow to which this comment responds, as well as other authors' comments on this essay and the author's reply to those comments, can be found at http://www.law.upenn.edu/phr/conversations/status/
Keywords
criminal justice, criminal procedure, mercy, pardon, forgiveness, clemency, parole, prosecutors, rule of law, discretion, prosecutors
Publication Title
Criminal Law Conversations
Repository Citation
Bibas, Stephanos, "Political Versus Administrative Justice" (2008). All Faculty Scholarship. 216.
https://scholarship.law.upenn.edu/faculty_scholarship/216
Included in
Criminal Law Commons, Law and Society Commons, Public Law and Legal Theory Commons, Rule of Law Commons
Publication Citation
In Paul H. Robinson et al. (eds.), Criminal Law Conversations 677-678 (2009)