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

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About the Book :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.Contents :Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment; 2. Bill Stuntz and the principal-agent problem in American criminal law; 3. Overcriminalization for lack of better options; 4. Stealing Bill Stuntz; Part II. Police Investigation: 5. What the police do; 6. The distribution of dignity and the fourth amendment; 7. Why courts should not quantify probable cause; 8. DNA and the fifth amendment; Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz; 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases; 11. Three puzzles in the work of Bill Stuntz; 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system; 13. Three underrated explanations for the punitive turn.


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