Joint and Several LiabilityThe criminal justice system is only fair because it takes away from the convict just asmuch as the convict took away by committing the proven offense. The application of theprinciple of proportionality is fair because it apportions blame to those that deserve it and only tothe extent that they were responsible. The analysis in this essay looks at the controversy inLeavitt v Arave and discerns a position. This paper backs the principle of proportionality. It issuch a fundamental rule that even physics obey the same law. Newton says that for every action,there is an equal and opposite reaction. That should also apply to the criminal justice system.The Leavitt case presents a compelling proposition, one that requires the interrogator to playboth the devils advocate and the righteous prosecutor. Either of these positions is entirelyjustifiable with the ...
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