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Vol 23 No 5 May/June 2018

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

Edited by: Michael J. Klarman, David Skeel, Carol Streiker

ISBN13: 9781107640078
Published: March 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £22.99
Hardback edition , ISBN13 9781107019416

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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.

Other Jurisdictions , USA
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.