Wednesday, April 4, 2012
Markus D. Dubber (University of Toronto - Faculty of Law) has posted Criminal Justice in America: Constitutionalization Without Foundation on SSRN. Here is the abstract:
Criminal justice in America lacks foundation in three senses: historical, political, and substantive. The U.S. Constitution will continue to fail to place meaningful limits on American penal power without a radical reconceptualization of the challenge of state punishment in a modern democracy, i.e., ultimately as a fundamental question of political legitimacy. This paper explores the prospects for a constitutionalization of American criminal law, with some comparative glances at developments in other countries, notably Canada and Germany.