My new article on the role of mercy and crime victims in the criminal justice process

I recently published a law overview article in the Texas Law ReviewSymposium on mercy and justice, on the correct role of crime victims in the criminal justice process. Here is the summary:

What role should mercy play in the criminal justice system? While several articles from the other symposium here in Texas Law Review I argue for an expansion of the role of mercy and write to offer a cautionary note. The expansion of clemency could potentially conflict with another important feature of modern criminal justice: the growing role of crime victims. Because considerations of mercy focus exclusively on the perpetrator, greater attention to mercy necessarily means less attention to victims. This shift in emphasis would be at odds with a broad crime victim movement in this country and indeed in many countries around the world. This cautionary point does not assume that all crime victims want a more punitive criminal justice system. On the contrary, many crime victims may plead for mercy. However, giving weight to victims’ voices only when they present gracious arguments contradicts the underlying rationale for victim inclusion: that victims should have the opportunity to assert their own rights in criminal proceedings.

You can read the entire article here.