The Political Heart of Criminal Procedure

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.