Mercy in criminal law, Justice and mercy, Retributive justice
Criminal Law | Criminal Procedure
My aim in this brief introduction is to organize the Symposium articles around two questions, recognizing that doing so means ignoring other important questions to which the articles attend. I also aim to paint in broad strokes, thus also ignoring much of the argumentative subtlety and nuance contained in the articles. With those caveats on the table, the questions are these: First, does mercy have any legitimate role to play in the administration of the criminal law of a liberal state? Second, if mercy does have some such role to play, for what reasons, or upon what grounds, can mercy legitimately be granted?
Garvey, Stephen P., "Questions of Mercy" (2007). Cornell Law Faculty Publications. Paper 253.
Published in: Ohio State Journal of Criminal Law, vol. 4, no. 2 (Spring 2007).