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jail... You don't make the punishment fit the crime; you make the punishment fit the criminal." Citing the judge's POW record as one of several reasons to invalidate the lenient sentence in favor of a more stringent punishment, advocacy groups unsuccessfully tried to vacate the original sentence. Kaufman's sentence was upheld as valid and final, due to the Fifth
Amendment protection against
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alienation from the police and courts, if not from government generally. As a result, Forst argues, the integrity of the justice system becomes threatened both by the reality and perception of ineffectualness. These lapses can run through the entire justice system, from ineffective policing and prosecution to weak sentencing and corrections.
78:: the community may be able to do more to prevent them, but generally prefers to consider that doing so is beyond the reach of the criminal justice system. About half of all felony victimizations in the U.S. are not reported to the police, and many of those that are reported are committed by skillful, elusive offenders.
243:. He admitted the charge in court but the jury acquitted him of assault and convicted him of merely of breaching the peace. According to the Guardian, it was "one of the few occasions in Scottish legal history when an individual is acquitted of a crime that he freely admitted carrying out. A joke rapidly emerged that
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Forst argues that a variety of social costs are incurred as the number of culpable offenders set free increases: public safety and the quality of life are compromised, the credibility of deterrent effectiveness is lost, and citizens become increasingly inclined to perceive injustices to victims and
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sentenced Ebens and Nitz to three years probation and $ 3,720 in fines and court costs for the murder of
Vincent Chin. Kaufman cited the defendants' clean prior criminal records and that there was no minimum sentence for a manslaughter plea as he said: "These weren't the kind of men you send to
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in the head with a baseball bat, on June 19, 1982. On March 16, 1983, after a plea bargain was reached the previous month to reduce the charge to third-degree manslaughter (which had no minimum sentence and could be dealt with by probation), Judge
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A skilled defense lawyer can make an otherwise credible witness lose his or her credibility by making the witness appear mentally incompetent in other aspects of his or her daily life (e.g. a person with
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for his murders. She portrayed herself as an abused victim, but later evidence proved she was in fact equally culpable, taking part in the murders, but
Canadian authorities were unable to prosecute.
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The second category consists of those errors that are real, unambiguous, significant, and avoidable. Examples include failures of the police to follow up leads to capture dangerous offenders and
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Errors of impunity can be caused in much the same ways as miscarriages of justice can, including, without limitation, the following:
186:, later described as "an abuse of process". Police archives, opened in 2003, suggest that evidence was passed to the defence by the
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Cullen, Pamela V., "A Stranger in Blood: The Case Files on Dr John Bodkin Adams", London, Elliott & Thompson, 2006,
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might be labeled as mentally insane due to their neurological disorder, therefore questioning if the witness was having
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either remaining at large or receiving sanctions that are below a socially optimal level. The term is used in
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suspected Adams of killing 163 patients in total. Adams was only ever fined for minor offences and
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for falsely identifying culpability (a "false positive"), then an error of impunity would be a
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Article "20 years ago: The
Vincent Chin murder – A product of anti-Japanese demagogy" on Spark
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UNITED STATES OF AMERICA, Plaintiff-Appellee v. RONALD EBENS, Defendant-Appellant
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in order to allow Adams to avoid the death sentence, then still in force.
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John Wilson, a
Scottish football fan, was filmed during a game attacking
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Ronald Ebens vs. Chrysler
Corporation, 88-810078 CZ (Mich 3rd Cir 1988).
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R. M. Bohm (2005). "Miscarriages of
Criminal Justice: An Introduction".
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Helen Zia (2000). Asian
American Dreams. Farrar, Straus & Giroux.
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was granted immunity in exchange for her testimony against her lover
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Devlin, Patrick; "Easing the
Passing", London, The Bodley Head, 1985
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of failing to find a culpable person guilty (a "false negative").
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Hearts fan who lunged at Neil Lennon jailed for eight months
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judges, or detectives or other police officers, who can be
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and in Robert Bohm's introduction to a special edition of
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Forst divides errors of impunity into two categories.
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in order to have crucial evidence ruled inadmissible.
346:"An American Hate Crime: The Murder of Vincent Chin"
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A skilled defense lawyer might be able to exploit a
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429:Football: Why do people want to kill Neil Lennon?
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31:is a lapse in the justice system that results in
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251:if he could be guaranteed a trial in Edinburgh."
218:, with his stepson Michael Nitz, viciously beat
298:Errors of Justice: Nature, Sources and Remedies
51:. If convicting an innocent person, called a
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344:Wei, William (2002-06-14).
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262:Miscarriage of justice
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287:(3), 196 – 200.
162:general practitioner
170:Edith Alice Morrell
122:diplomatic immunity
126:sovereign immunity
99:legal technicality
18:Errors of impunity
296:B. Forst (2004).
158:John Bodkin Adams
41:Errors of Justice
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268:References
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166:Eastbourne
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256:See also
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143:Effects
132:Corrupt
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237:Celtic
184:Devlin
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