The book Process, the Constitution, and Substantive Criminal Law is written by Louis D. Bilionis. Today’s students usually get all the salient points of the traditional argument right, but one thing always seems to be missing. The idea that the criminal justice system could commit a few wealthy elites to undeserved jail time just doesn’t send 1990s law students into the same frame of mind that Hart and his contemporaries mustered.
Perhaps it’s a case of underdeveloped moral sensibilities, complicated by a propensity to dismiss injustices when they happen to the socially fortunate, but I don’t think it’s as simple as that. The hypotheses, and the case against strict liability itself, seem to have lost much of their urgency. Few people today rank the existence of strict liability high on the list of truly pressing problems facing criminal law, either as a source of particular injustice to individual defendants or as an incentive to excessive criminalization in the name of social control, or as a force that erodes social respect for the criminal sanction. Society seems to have its appetite for strict liability in check, while new and different problems challenge criminal law as the end of the law approaches. millennium.
Topics of this Edition
Process, the Constitution, and Substantive Criminal Law
Overview of Process, the Constitution, and Substantive Criminal Law
Description:
| Book Name |
Process, the Constitution, and Substantive Criminal Law
|
| Author of Book | Louis D. Bilionis |
| Edition | 1998 |
| Language | English |
| Format | |
| Category | Law Books |
