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Criminal Procedure

Saint Louis University School of Law

Series

2016

Articles 1 - 2 of 2

Full-Text Articles in Law

Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders Jan 2016

Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders

All Faculty Scholarship

There is evidence everywhere that our criminal justice system is undergoing a crisis of practice. Increased police violence and the concomitant distrust of police in many communities, fear of aggressive enforcement tactics more generally, worries about widespread governmental surveillance and, above all, a concern with overcriminalization and mass incarceration-these are the dreary and familiar stuff of daily headlines. But, this crisis of practice in tum reflects a deeper crisis of how we theorize about criminal law. We lack, for the most part, any worked-out theory of what the policing and processing of crime should look like. Nor do we have …


Public Wrongs And Public Reason, Chad Flanders Jan 2016

Public Wrongs And Public Reason, Chad Flanders

All Faculty Scholarship

The distinction between crimes that involve wrongs in themselves and crimes that are wrong because the law makes them so has long puzzled theorists. This essay argues that the distinction, while getting at something real, is based on a mistake. That mistake is made both by those who see moral wrongness as a necessary condition for criminality and by those who believe merely making something illegal is sufficient to make it criminal. Neither is correct. Rather, what makes something a criminal wrong is that it involves a violation of a law that has been justified in terms of “public reason.”