Qualities of Mercy : Justice, Punishment, and Discretion
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Qualities of Mercy deals with the history of mercy, theremittance of punishments in the criminal law. The writers probe thediscretionary use of power and inquire how it has been exercised tospare convicted criminals from the full might of the law. Drawing onthe history of England, Canada, and Australia in periods when bothcapital and corporal punishment were still practised, they show thatcontrary to common assumptions the past was not a time of unmitigatedterror and they ask what inspired restraint in punishment. Theyconclude that the ability to decide who lived and died -- through theexercise or denial of mercy -- reinforced the power structure.
The essays are an important contribution to current public policydebates. If today''s move towards unyielding and harsher punishmentproceeds, including campaigns to reinstate capital punishment, mercyalone will fail to neutralize the inequities of criminal justice. Onlyprofound cultural shifts and transitions of sensibility have the forceto stem the tide of unprecedented punitiveness.
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