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Social and Behavioral Sciences Commons™
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Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: Expanding Our Conception Of Justice
Panel Discussion: Expanding Our Conception Of Justice
Northwestern Journal of Law & Social Policy
No abstract provided.
What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
All Faculty Scholarship
Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …