About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure

This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process.
Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process.
Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.

Politics & Social Sciences

Dripps, Donald A.

Social Sciences

Praeger

Expert authors provide an overview and introduction to the definitions and elements of the various crimes and defenses, integrating both the common law and Model Penal Code. Subjects covered include offenses against the person, habitation and occupancy, property, and other offenses. Reviews imputability, responsibility in general, limitations in criminal capacity, modifying circumstances, and special defenses.

Criminal Law and Procedure: Cases and Materials

Boyce, Ronald N.

Perkins, Rollin M.

Criminal Law

Foundation Pr

Representing what is best in traditional legal education, Criminal Law and Procedure provides an overview and introduction to the definitions and elements of the various crimes and defenses, integrating both the common law and Model Penal Code. The expert authors cover offenses against the person, habitation and occupancy, property, and more. The book reviews imputability, responsibility in general, limitations in criminal capacity, modifying circumstances, and special defenses. Updated both to include new constitutional, legislative, and judicial developments in the law and to reflect the increasingly theoretical direction of legal education, Criminal Law and Procedure contains revised information on criminal sanction, sexual assault, and criminal law statutes in general.

Criminal Law and Procedure

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Books by Dripps, Donald A.