Overcriminalization : the limits of the criminal law / Douglas Husak.

Format:

Book

Author/Creator:

Husak, Douglas N., 1948- author.

Language:

English

Subjects (All):

Criminal law--United States--Philosophy.

Criminal law.

Physical Description:

1 online resource (x, 231 pages)

Other Title:

Limits of the criminal law

Place of Publication:

New York : Oxford University Press, 2008.

Language Note:

English

Summary:

America suffers from too much criminal law and too much punishment, which produces massive injustice. To rectify this injustice, we need to defend and implement a theory of criminalisation: a set of constraints that limit the authority of states to enact and enforce penal offenses.

Contents:

The amount of criminal law

Too much punishment, too many crimes

How more crimes produce injustice

The content of new offenses

An example of overcriminalization

Internal constraints on criminalization

The "general part" of criminal law

From punishment to criminalization

A right not to be punished?

Malum prohibitum

External constraints on criminalization

Infringing the right not to be punished

The devil in the details

Crimes of risk prevention

Alternative theories of criminalization

Law and economics

Utilitarianism

Legal moralism.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 209-224) and index.

Description based on print version record.

ISBN:

9780195328714

0-19-988698-9

1-281-15916-6

9786611159160

0-19-804399-6

1-4356-1875-0

OCLC:

231803551