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9781107019416

The Political Heart of Criminal Procedure

by ; ;
  • ISBN13:

    9781107019416

  • ISBN10:

    1107019419

  • Format: Hardcover
  • Copyright: 2011-12-30
  • Publisher: Cambridge Univ Pr

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Summary

The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective. Both as a tribute to Stuntz's work and as a source of profound new insights, the book is a milestone in the criminal justice literature.

Table of Contents

The Political Economy of Substantive Criminal Law
Political dysfunction and the machinery of capital punishment
Bill Stuntz and the principal-agent problem in American criminal law
Overcriminalization for lack of better options
Stealing Bill Stuntz
Police Investigation
What the police do
The distribution of dignity and the fourth amendment
Why courts should not quantify probable cause
DNA and the fifth amendment
Emotion, Discretion, and the Judicial Role
Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz
Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases
Three puzzles in the work of Bill Stuntz
The mercy seat: discretion, justice, and mercy in the American criminal justice system
Three underrated explanations for the punitive turn
Table of Contents provided by Publisher. All Rights Reserved.

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