Justice In-Between: A Study of Intermediate Criminal Verdicts

Most modern criminal justice systems use a binary system of verdicts, with a single evidential threshold and no middle ground between not guilty and guilty. Justice In-Between is a study of intermediate criminal verdicts and advances a novel justification for them, arguing that they are compatible with the presumption of innocence and can be justified under any of the main theories of punishment.

Format: Hardback
Length: 304 pages
Publication date: 01 September 2022
Publisher: Oxford University Press

In the realm of criminal justice, most contemporary systems adhere to a binary system of verdicts. This system operates on the principle of a single evidential threshold, or standard of proof, which determines the outcome of a case. If the standard is met, the verdict is guilty, and the defendant is convicted, allowing for the imposition of punishment. Conversely, if the standard is not met, the verdict is not guilty, and the defendant is acquitted, prohibiting any form of punishment. It is important to note that there exists no intermediary verdict or middle ground between the two extremes of not guilty and guilty.

Intermediate verdicts, as the name suggests, represent a compromise between acquittal and conviction, both in terms of the strength of the incriminating evidence required to warrant the verdict and the severity of the consequences that the verdict may entail for the defendant. These verdicts have been the subject of much debate and controversy, with some arguing that they are incompatible with the presumption of innocence.

In his book, "Justice In-Between," Professor John Klein offers a comprehensive study of intermediate criminal verdicts and presents a novel justification for these controversial devices. The book aims to bridge the gap between scholars subscribing to different theories of punishment and foster a consensus on the merits of intermediate verdicts.

One of the key insights of the book is that the choice of the standard of proof and the verdict system cannot be examined in isolation from the question of the justification for punishing. Justice In-Between explores historical and extant examples of intermediate criminal verdicts, engaging with the debates that have accompanied them. It challenges the popular argument that intermediate verdicts are inherently incompatible with the presumption of innocence and presents an original account of the meaning and justification of this fundamental principle.

Relying on decision theory, Justice In-Between makes a compelling case for intermediate criminal verdicts. The book demonstrates that such decision-theoretic cases are viable under any of the main theories of punishment, including retributive, deterrence, and rehabilitation. By analyzing the decision-making processes involved in intermediate verdicts, the book sheds light on the ethical and practical considerations that underpin these devices.

In conclusion, "Justice In-Between" is a thought-provoking and insightful book that offers a fresh perspective on intermediate criminal verdicts. By challenging traditional assumptions and presenting a novel justification for these devices, Professor Klein contributes to the ongoing debate on criminal justice and punishment. The book is a valuable resource for scholars, policymakers, and practitioners interested in exploring the complexities of criminal justice and seeking to improve the fairness and effectiveness of the system.

Weight: 620g
Dimension: 164 x 242 x 26 (mm)
ISBN-13: 9780198864592