Skip to content
Register Sign in Wishlist

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

Joe Hoffmann, Richard McAdams, Daniel Richman, David Sklansky, Anne Coughlin, Tracey Meares, Orin Kerr, Erin Murphy, Dan Kahan, Andrew Leipold, Michael Seidman, Carol Steiker, Bill Stutz
View all contributors
  • Date Published: December 2011
  • availability: Available
  • format: Hardback
  • isbn: 9781107019416


Add to wishlist

Other available formats:
Paperback, eBook

Looking for an inspection copy?

Please email to enquire about an inspection copy of this book

Product filter button
About the Authors
  • 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
    Read more

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity


    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?


    Product details

    • Date Published: December 2011
    • format: Hardback
    • isbn: 9781107019416
    • length: 246 pages
    • dimensions: 235 x 160 x 19 mm
    • weight: 0.45kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. The Political Economy of Substantive Criminal Law:
    1. Political dysfunction and the machinery of capital punishment Joe Hoffmann
    2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams
    3. Overcriminalization for lack of better options Daniel Richman
    4. Stealing Bill Stuntz David Sklansky
    Part II. Police Investigation:
    5. What the police do Anne Coughlin
    6. The distribution of dignity and the fourth amendment Tracey Meares
    7. Why courts should not quantify probable cause Orin Kerr
    8. DNA and the fifth amendment Erin Murphy
    Part III. Emotion, Discretion, and the Judicial Role:
    9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan
    10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold
    11. Three puzzles in the work of Bill Stuntz Michael Seidman
    12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker
    13. Three underrated explanations for the punitive turn Bill Stuntz.

  • Editors

    Michael Klarman
    Michael Klarman is the Kirkland and Ellis Professor of Law at Harvard Law School. Before that, he was the James Monroe Distinguished Professor of Law and Professor of History at the University of Virginia School of Law. Klarman is the author of Brown v. Board and the Civil Rights Movement (2007), Unfinished Business: Racial Equality in American History (2007), and From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (2004), which won the 2005 Bancroft Prize in American history.

    David Skeel, University of Pennsylvania Law School
    David Skeel is the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania Law School. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequences (2011), Icarus in the Boardroom (2005), and Debt's Dominion: A History of Bankruptcy Law in America (2001), as well as a number of articles, including several with Bill Stuntz, on bankruptcy, corporate law, Christianity and law, gambling and other topics. He also co-authored the blog 'Less than the Least' with Stuntz.

    Carol Steiker, Harvard Law School
    Carol Steiker is the Henry J. Friendly Professor of Law at Harvard Law School. She is the author of numerous scholarly works across the broad field of criminal justice, ranging from substantive criminal law to criminal procedure to institutional design, with a special focus on issues related to capital punishment. She has served on the editorial board of The Encyclopedia of Crime and Justice, 2nd edition, 2002), as the editor of Criminal Procedure Stories (2006), and as co-author of the Kadish, Schulhofer and Steiker casebook, Criminal Law and Its Processes, 8th edition (2007). Professor Steiker also has litigated on behalf of indigent criminal defendants, consulted for a variety of non-profit organizations concerned with criminal justice issues, and served as an expert witness before Congress and state legislatures.


    Joe Hoffmann, Richard McAdams, Daniel Richman, David Sklansky, Anne Coughlin, Tracey Meares, Orin Kerr, Erin Murphy, Dan Kahan, Andrew Leipold, Michael Seidman, Carol Steiker, Bill Stutz

Sign In

Please sign in to access your account


Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner Please see the permission section of the catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.


Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

Please fill in the required fields in your feedback submission.