Error of impunity

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An error of impunity is a lapse in the justice system that results in criminals either remaining at large or receiving sanctions that are below a socially optimal level. [1] [2] The term is used in Brian Forst's book Errors of Justice and in Robert Bohm's introduction to a special edition of The Journal of Criminal Justice on miscarriages of justice. If convicting an innocent person, called a miscarriage of justice, is a Type I error for falsely identifying culpability (a "false positive"), then an error of impunity would be a Type II error of failing to find a culpable person guilty (a "false negative").

Contents

Definition

Forst divides errors of impunity into two categories.

The first category consists of those that are like car accidents: 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.

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 inmate escapees.

Causes

Errors of impunity can be caused in much the same ways as miscarriages of justice can, including, without limitation, the following:

Effects

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 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.

Notable cases

See also

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References

  1. R. M. Bohm (2005). "Miscarriages of Criminal Justice: An Introduction". Journal of Contemporary Criminal Justice.21 (3), 196 200.
  2. B. Forst (2004). Errors of Justice: Nature, Sources and Remedies. Cambridge University Press.
  3. Devlin, Patrick; "Easing the Passing", London, The Bodley Head, 1985
  4. Cullen, Pamela V., "A Stranger in Blood: The Case Files on Dr John Bodkin Adams", London, Elliott & Thompson, 2006, ISBN   1-904027-19-9
  5. Ronald Ebens vs. Chrysler Corporation, 88-810078 CZ (Mich 3rd Cir 1988).
  6. Wei, William (2002-06-14). "An American Hate Crime: The Murder of Vincent Chin". Tolerance.org. Archived from the original on 2007-09-28. Retrieved 2007-03-14.
  7. Article "20 years ago: The Vincent Chin murder – A product of anti-Japanese demagogy" on Spark
  8. 1 2 3 Helen Zia (2000). Asian American Dreams. Farrar, Straus & Giroux. ISBN   0-374-14774-4.
  9. UNITED STATES OF AMERICA, Plaintiff-Appellee v. RONALD EBENS, Defendant-Appellant
  10. Hearts fan who lunged at Neil Lennon jailed for eight months, Mirror
  11. Football: Why do people want to kill Neil Lennon?, Guardian