Comments - An Ounce of Prevention: Realistic Treatment for Our Pathological Politics
Files
Description
This chapter presents an authoritative overview of the political economy of criminal law and procedure, with particular emphasis on Bill Stuntz's critique of the modern American criminal justice system in his paper The Pathological Politics of Criminal Law. It begins with a discussion of Stuntz's views about the political economy of overcriminalization, the pathology of overbroad and “overdeep” criminal laws, and how to return to the rule of law. It then examines the principal-agent problem in criminal law and asks whether more constitutional law is better. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as criminal codes, the role of history and sociology in punitive pathology, the political economy of prosecutorial indiscretion, and prosecutor elections and overdepth in criminal codes.
Source Publication
Criminal Law Conversations
Source Editors/Authors
Paul H. Robinson, Stephen P. Garvey, Kimberly Kessler Ferzan
Publication Date
2009
Recommended Citation
Barkow, Rachel E., "Comments - An Ounce of Prevention: Realistic Treatment for Our Pathological Politics" (2009). Faculty Chapters. 221.
https://gretchen.law.nyu.edu/fac-chapt/221
