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107 Yale L.J. 1 (1997-1998)
The Uneasy Relationship between Criminal Procedure and Criminal Justice

handle is hein.journals/ylr107 and id is 35 raw text is: Articles The Uneasy Relationship Between Criminal Procedure and Criminal Justice William J. Stuntz; CONTENTS 1. DEFENDANTS' RIGHTS AND THE STATE'S RESOURCES ........... 6 A. Courts' Domain, Legislatures' Domain ................. 6 B. Criminal Procedure as an hIcomplete Regulator System .... 12 II. How CRIMINAL LITIGATION Is RATIONED (AND How CRIMINAL PROCEDURE CHANGES IT) ................ 22 A. The Prosecution .................................. 23 1. Crime Rates and the Level of Prosecution ............ 23 2. Defendants' Wealth and the Cost of Prosecution ....... 27 B . The D efense ................................... 31 1. Underlitigation ............................... 32 2. Differently Distributed Litigation .................. 35 a. Wiy Some Claims Displace Others .............. 35 b. Procedural Claims and Factual Claims ........... 37 C. Reacting to the Defense: The Prosecution (Continued) ...... 45 1 Class of 1962 Professor and Horace W Goldsmith Research Professor. University o0 Virginia School of Law. I am grateful to a long list of readers of earlier drafts who olfered helpful comments Ken Abraham, Bruce Ackerman, Akhil Amar. Ian Ayres. Anne Coughlin. John Hamson. John Jelries. %like Klarman, Stanton Krauss, John Langbein, Peter Schuck. and Elizabeth Scott Special thanks are due to Daniel Richman, Mike Seidman, and Carol Steiker. their detailed cntcisms enormously aided and influenced my thinking. For useful discussions. I thank participants in workshops at Cornell Law School, Northwestern University School of Law, Quinnipiac College of Law, and Yale Law School. along with participants in the Virginia Constitutional Law Workshop and the Constitutional Lau Colloquium at Ne. York University. Last but not least, I thank Alison Siegler. Ken Sugarman. and Chnstne Telt fr fine research assistance. Errors and omissions are mine, not theirs

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