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Process, the Constitution, and Substantive Criminal Law 1998 Edition PDF Free Download

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

Criminal law scholars have yearned for substantive constitutional criminal law since Henry Hart and Herbert Packer first adopted the notion in the late 1950s and early 1960s.1 To this day, scholars continue to search for a theory that gives substance to, in Hart, “the unequivocal indications that the Constitution means something definite and something serious when it speaks of ‘crime.’ resisted the notion.

 

Description:

Book Name
Process, the Constitution, and Substantive Criminal Law
Author of Book Louis D. Bilionis
Edition 1998
Language English
Format PDF
Category Law Books

 

 

Process, the Constitution, and Substantive Criminal Law

 

 

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