NCJ Number
138781
Date Published
1991
Length
256 pages
Annotation
This book examines, from the perspective of a trial court judge, cases involving children, women, and the elderly in which the outcomes of the trials, though following the law, had patently unjust outcomes.
Abstract
The 4,500 cases on which this book is based represent a random and typical selection of American litigation. Each case study sets forth the defendant's educational and employment history, relevant health problems, and family situation. In these cases, there were no legal errors, the lawyers were competent, the juries conscientiously assessed the evidence presented to them, and the presiding judge followed the law. Yet, the author argues, these cases also represented miscarriages of justice because of the inherent inequalities in the law. The author argues that the courts can redress the balance of justice for women, children, and the elderly by recognizing needs as well as rights.