Rebuilding Justice

A Review of The Collapse of American Criminal Justice, by William Stuntz

Note from the Digital Editor: In order to highlight the high-level of research and scholarship from the authors who have published in the William & Mary Policy Review’s peer-reviewed print journal, we have reproduced the abstracts from Volume 3, Issue 2 along with a link to an electronic copy of the full form of the piece. 

(image by Clyde Robinson)

America’s criminal justice system has led to extremely high incarceration and crime rates in many poor and working-class neighborhoods. William Stuntz’s final book, The Collapse of American Criminal Justice, suggests ways to improve America’s system of criminal justice. My review compares Stuntz’s view of American criminal justice with the views of empirical social scientists Mark Kleiman and David Kennedy, whose work is used around the country in successful social experiments to reduce crime. Stuntz believed that changes in law and society delegate too much power to prosecutors and not enough to judges, juries, and average citizens. Accordingly, reform in America’s criminal justice system needs to focus on rebuilding the rule of law and local democracy. In contrast, Kennedy and Kleiman believe that criminal justice reform should focus on increasing the swiftness and certainty of punishment. Kennedy and Kleiman’s ideas have been used to combat gang violence, eliminate open-air drug sales, and increase the effectiveness of probation for drug-using probationers. Overall, The Collapse of American Criminal Justice is a well-written, insightful, and important book, but a comparison with the empirical work of Kennedy and Kleiman strongly suggests that several of Stuntz’s recommendations to improve American criminal justice are impractical or unwise. Reforms in policing and probation are likely to be more successful than Stuntz’s proposed changes to criminal law and procedure.

Find the full version of this article in PDF form here.

Albert Monroe is a Ph.D., Economics at Harvard University; J.D., Yale Law School.

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