In the Name of Justice: Leading Experts Reexamine the Classic Article "The Aims of the Criminal Law"

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Timothy Lynch
Cato Institute, 2009 - Law - 246 pages
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Is the American criminal justice system dysfunctional? Our criminal codes are so voluminous that they bewilder not only the average citizen, but also the average lawyer. Our courthouses are so busy that they no longer have time for trials. And the American prison population now leads that of the world. Are these trends desirable, satisfactory, or disturbing? In order to answer that question, one must first be clear about the fundamental purpose of the criminal law. Fifty years ago, the distinguished Harvard law professor Henry M. Hart Jr. wrote his classic article entitled The Aims of the Criminal Law. In this volume, America's leading judges and scholars reexamine Professor Hart's thesis and the first principles of American criminal law.
 

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In the Name of Justice: Leading Experts Reexamine the Classic Article "The Aims of the Criminal Law"

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Editor Lynch (director, Project on Criminal Justice, Cato Inst.) has assembled a stellar cast of attorneys and judges to defend and blast Harvard professor Henry Hart's classic essay. Written 50 years ... Read full review

Contents

The Aims of the Criminal Law
1
Youre Probably a Federal Criminal
43
How Correct Was Henry M Hart?
57
Federal Criminal Law Punishing Benign IntentionsA Betrayal of Professor Harts Admonition to Prosecute Only the Blameworthy
65
Henry Harts The Aims of the Criminal Law A Reconsideration
95
How Would Henry Hart Have Approached the Problem of Suicide Terrorism?
103
The Communitys Role in Defining the Aims of the Criminal Law
119
If the Criminal Law Dont Fit Civilly Commit
131
Appendix A The Federal Prosecutor
173
Appendix B Crime
179
Appendix C An Address to the American Bar Association
189
Notes
195
Recommended Bibliography
235
Contributors
239
Index
241
Copyright

Substantive Limitations on the Criminal Law Random Thoughts of a Judicial Conservative
151

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