By Stephen Shute, Andrew Simester
Written by way of prime philosophers and attorneys from the us and the uk, this selection of unique essays bargains new insights into the doctrines that make up the overall a part of the felony legislation. It sheds theoretical gentle at the variety and harmony of the overall half and advances our knowing of such key concerns as criminalisation, omissions, voluntary activities, wisdom, trust, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
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Additional info for Criminal Law Theory: Doctrines of the General Part (Oxford Monographs on Criminal Law and Justice)
Death penalty opponents don’t really want to reform the system, either, because they would rather see it fail and collapse than be fixed and continue to exist. 22 The sad experience of witnessing the demolition of the Illinois nodoubt bill caused me to begin to think a little bit differently than I had before about the political dynamics of death penalty reform. In the past, I had mostly observed situations in which reform proposals were being offered in an effort to modify an operational (or at least a semioperational) death penalty system.
Among other reasons, corporate agents are hierarchically arranged so that shareholders need only monitor and motivate the top corporate officer, who can then monitor and motivate lower-ranked agents. By contrast, the public’s agents in the criminal justice system – legislators, police, prosecutors, juries, chief executives, and prison officials – are not hierarchically arranged; they enjoy separate discretionary domains. Moreover, corporate principals can usually find reliable output measures for what they care about – share price – in daily newspapers, whereas criminal law output data are inherently more complicated, contestable, and remote.
Html. pdf. id=ENGUSA20110309001. 29 30 The Political Heart of Criminal Procedure In this chapter, I offer a few observations of my own about the recent abolition of the death penalty in Illinois. My chapter reflects one of the many invaluable lessons I learned from Bill Stuntz. Bill taught me, as he did so many others, to pay closer attention to the structural and institutional dimensions – in other words, the political economy – of criminal justice. Here I intend to examine one particular aspect of that political economy that, in my view, has begun to emerge as a new and potentially important phenomenon in the modern evolution of the American death penalty.
Criminal Law Theory: Doctrines of the General Part (Oxford Monographs on Criminal Law and Justice) by Stephen Shute, Andrew Simester