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The Myth of a Fair Criminal Justice System

Matthew B. Robinson, Marian R. Williams

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Abstract

This paper examines whether the belief that the US criminal justice system is fair is a myth. After an introduction of the criminal justice system and its goals, we turn to possible sources of unfairness in criminal justice, including the criminal law, definitions of crime, policing, courts, and corrections. The authors explore the possibility that the criminal justice system is unfair both in what it does and in what it does not do. After a discussion of the role of mythology in criminal justice, the paper concludes with a summary and suggestions for making American criminal justice activity fairer.

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What this paper is about

This paper examines whether the belief that the US criminal justice system is fair is a myth. After an introduction of the criminal justice system and its goals, we turn to possible sources of unfairness in criminal justice, including the criminal law, definitions of crime, policing, courts, and corrections. The authors explore the possibility that the criminal justice system is unfair both in what it does and in what it does not do. After a discussion of the role of mythology in criminal justice, the paper concludes with a summary and suggestions for making American criminal justice activity fairer.

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Available abstract

This paper examines whether the belief that the US criminal justice system is fair is a myth. After an introduction of the criminal justice system and its goals, we turn to possible sources of unfairness in criminal justice, including the criminal law, definitions of crime, policing, courts, and corrections. The authors explore the possibility that the criminal justice system is unfair both in what it does and in what it does not do. After a discussion of the role of mythology in criminal justice, the paper concludes with a summary and suggestions for making American criminal justice activity fairer.

Key concepts: Theory of criminal justice, Criminal justice, Economic Justice, Mythology, Political science, Criminology, Criminal law, Law

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