The Habits of Legality: Criminal Justice and the Rule of Law

By Francis A. Allen | Go to book overview

Index
Academic scholarship, 10-14, 20- 21, 25, 26, 66, 78, 80, 91-93, 95-96. See also Language skepticism; Rules, legal; Legislatures
Adams, Henry, 10
Adversary system of justice
basic to American constitutional scheme, 18
judicial role in plea bargaining, 72-73
plea bargaining an erosion of, 15, 34
poverty an obstacle to, 19, 33
proliferating prosecutions encourage plea bargaining, 33
severe penalties and sentencing guidelines encourage plea bargaining, 34
weakened by neglect of proportionality principle, 45
See also Courts; Nazi Germany; Proportionality of punishment
Anti-Drug Abuse Act of 1988, 39
Aristotle, 3, 6, 7, 85
Baker, Newman, 75
Beccaria (Cesare Bonesana), 4, 18, 44, 77
Bentham, Jeremy, 10, 11, 56
Bracton, 3-4, 9
Breitel, Judge Charles, 68
Brennan, Justice William, 88-89
Camden, Lord, 23
Capital punishment. See Death penalty
Conspiracy, criminal, 85-86. See also Criminal legislation, federal
Cooley, Thomas M., 62
Courts
acceptance of prosecutors' initiatives, 90
appellate courts as rule-of-law concern, 15, 77-78
judicial activism and legislative irresponsibility, 82, 90
legislative and judicial "partnership," 81
limited capacity to regulate police, 65-66
magistrates as threats to rule of law, 77
reformulation of deficient legislation, 81-82
relations with legislatures, 78- 79
tradition of localism, 58

-149-

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The Habits of Legality: Criminal Justice and the Rule of Law
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xi
  • 1 - The Intellectual Environment of Legality 3
  • 2 - The Institutional Environment of Legality 27
  • 3 - The Structural Impediments to Legality 57
  • 4 - Summation 94
  • Notes 101
  • Index 149
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