Format:
1 online resource (viii, 237 pages)
,
digital, PDF file(s).
ISBN:
9781107640078
,
9781139094603
,
9781107019416
Content:
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.
Note:
Title from publisher's bibliographic system (viewed on 05 Oct 2015)
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Cover; THE POLITICAL HEART OF CRIMINAL PROCEDURE; Title; Copyright; Contents; Contributor List; Introduction: Appreciating Bill Stuntz; PART I: THE POLITICAL ECONOMY OF SUBSTANTIVE CRIMINAL LAW; PART II: POLICE INVESTIGATION; PART III: EMOTION, DISCRETION, AND THE JUDICIAL ROLE; EPILOGUE; PART I: The Political Economy of Substantive Criminal Law; 1 The Political Economy of Capital Punishment; 2 Bill Stuntz and the Principal-Agent Problem in American Criminal Law; INTRODUCTION; I. THE AGENCY PROBLEM IN CRIMINAL LAW; A. An Inattentive Principal; B. Independent Agents; C. Weak Accountability
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II. THE STUNTZIAN CONTRIBUTION3 Over criminalization for Lack of Better: Options: A Celebration of Bill Stuntz; THE INSTITUTIONAL "DEFINITION" OF WHAT IS "REALLY" CRIMINAL; WHY CRIMINALIZATION WILL BE SOUGHT BY THOSE WHO MIGHT PREFER SOMETHING ELSE; RELIEVING THE DEMAND; 4 Stealing Bill Stuntz; CRIMINAL JUSTICE AND COMPLEXITY; CRIMINAL JUSTICE AND POLITICAL ECONOMY; CRIMINAL JUSTICE AND EQUALITY; CRIMINAL JUSTICE AND DELIBERATION; CRIMINAL JUSTICE AND VIRTUE; PART II: Police Investigations; 5 The Accidental Feminist; 6 The Distribution of Dignity and the Fourth Amendment
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7 Why Courts Should Not Quantify Probable CauseINTRODUCTION; I. UNKNOWNS AND THE WARRANT PROCESS; II. THE CASE OF THE HARVARD DORM SEARCH; III. INTUITIONS OF PROBABLE CAUSE AND THE ROLE OF UNKNOWNS; IV. QUANTIFICATION AND COGNITIVE BIAS; V. WORKING WITH A QUANTIFIED PROBABLE-CAUSE STANDARD; CONCLUSION; 8 DNA and the Fifth Amendment; DNA AND THE FIFTH AMENDMENT; DNA AND THE FIFTH AMENDMENT, RECOGNISED; REVENGE OF THE STUNTZ, PART I: DNA AND THE CRUEL TRILEMMA; REVENGE OF THE STUNTZ, PART II: DNA AND THE CRIMINAL JUSTICE SYSTEM; CLOSING; PART III: Emotion, Discretion, and the Judicial Role
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9 Two Conceptions of Two Conceptions of Emotion in Criminal Law: An Essay Inspired by Bill Stuntz10 Patrolling the Fenceline: How the Court Only Sometimes Cares about Preserving Its Role in Criminal Cases; INTRODUCTION; I. PROMINENT CASES AND LURKING THEMES; II. BRADY, BARGAINING, AND NONDISCLOSURE; III. FEDERAL CRIMINAL JURISDICTION; A. Invoking Jurisdiction; B. Cotton; IV. IMPLICATIONS; CONCLUSION; 11 Three Puzzles in the Work of Bill Stuntz; I. THE FIRST PUZZLE; II. A PROPOSED SOLUTION TO THE FIRST PUZZLE THAT PRESENTS A SECOND ONE
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III. A PROPOSED SOLUTION TO THE SECOND PUZZLE THAT ALSO SOLVES THE THIRD ONE12 The Mercy Seat: Discretion, Justice, and Mercy in the American Criminal Justice System; 13 Epilogue: Three Underrated Explanations for the Punitive Turn; Index
Additional Edition:
ISBN 9781107019416
Additional Edition:
Erscheint auch als Druck-Ausgabe ISBN 9781107019416
Language:
English
Keywords:
Electronic books
DOI:
10.1017/CBO9781139094603
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