The political economy of criminal law and procedure : the pessimists's view /

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Bibliographic Details
Author / Creator:	McAdams, Richard H.
Imprint:	[Chicago, Ill.] : Law School, University of Chicago, 2008.
Description:	1 online resource (12 p.)
Language:	English
Series:	Public law and legal theory working paper ; no. 243 Public law and legal theory working paper ; no. 243.
Subject:	Stuntz, William J. Stuntz, William J. Criminal law -- United States. Criminal justice, Administration of -- United States. Criminal justice, Administration of. Criminal law. United States.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/7906849

Hidden Bibliographic Details
Notes:	Title from online title page, viewed Dec. 30, 2009. "October 2008." Includes bibliographical references.
Summary:	In The Pathological Politics of Criminal Law, Bill Stuntz provides a powerful critique of the modern American criminal justice system. Other commentators have criticized legislatures for constantly adding to an already overbroad set of criminal prohibitions. Stuntz explains the political dynamic that makes this outcome inevitable. The ultimate result is that the modern prosecutor defines what is criminal by her selection of cases to charge, while criminal legislation is a mere "side-show." Stuntz concludes that this state of affairs is "lawless" and pathological. As a solution, he proposes that courts resurrect or expand certain constitutional doctrines to reclaim someof the power now wielded by prosecutors. In this core text, I summarize and comment on Stuntz's argument.

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