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

Author: Michael Klarman; David Skeel; Carol Steiker
Publisher: Cambridge University Press
ISBN: 9781107019416
Published In: March 2012
Format: Hardback , 246 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

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.

• This is the first full assessment of Stuntz's work, who was the leading criminal justice scholar of the last generation

• The contributing authors include many of the leading criminal justice scholars in the country

• The book's substantial introduction provides a complete critical guide to Stuntz's work

Contributor List	vii
Introduction: Appreciating Bill Stuntz Michael Klarman, David Skeel, and Carol Steiker	1
Part i: The political economy of substantive criminal law
1. The Political Economy of Capital Punishment Joseph L. Hoffmann	29
2. Bill Stuntz and the Principal–Agent Problem in American Criminal Law Richard H. McAdams	47
3. Overcriminalization for Lack of Better Options: A Celebration of Bill Stuntz Daniel Richman	64
4. Stealing Bill Stuntz David Alan Sklansky	87
Part ii: Police investigations
5. The Accidental Feminist Anne M. Coughlin	111
6. The Distribution of Dignity and the Fourth Amendment Tracey L. Meares	123
7. Why Courts Should Not Quantify Probable Cause Orin Kerr	131
8. DNA and the Fifth Amendment Erin Murphy	144
Part iii: Emotion, discretion, and the judicial role
9. Two Conceptions of Two Conceptions of Emotion in Criminal Law: An Essay Inspired by Bill Stuntz Dan M. Kahan	163
10. Patrolling the Fenceline: How the Court Only Sometimes Cares about Preserving Its Role in Criminal Cases Andrew D. Leipold	177
11. Three Puzzles in the Work of Bill Stuntz Louis Michael Seidman	200
12. The Mercy Seat: Discretion, Justice, and Mercy in the American Criminal Justice System Carol Steiker	212
13 Epilogue: Three Underrated Explanations for the Punitive Turn Bill Stuntz	228
Index	231