The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz

ISBN-13: 9781107019416 / Angielski / Twarda / 2011 / 246 str.

Michael Klarman

Opis

This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by William Stuntz and his work.

Spis treści

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann; 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams; 3. Overcriminalization for lack of better options Daniel Richman; 4. Stealing Bill Stuntz David Sklansky; Part II. Police Investigation: 5. What the police do Anne Coughlin; 6. The distribution of dignity and the fourth amendment Tracey Meares; 7. Why courts should not quantify probable cause Orin Kerr; 8. DNA and the fifth amendment Erin Murphy; Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan; 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold; 11. Three puzzles in the work of Bill Stuntz Michael Seidman; 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker; 13. Three underrated explanations for the punitive turn Bill Stuntz.