Criminal Law

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

Edited by Michael Klarman · David Skeel · Carol Steiker
Cambridge University Press March 2012

Specifications

ISBN-13
9781107019416
Publisher
Cambridge University Press
Publication
March 2012
Format
Hardback , 246 pages
Jurisdiction
International ? Countri(es) for reference only

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

Table of Contents

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

About the Author

Edited by Michael Klarman

David Skeel
University of Pennsylvania Law School

Carol Steiker
Harvard Law School

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