《The Limits of the Criminal Sanction》

Introduction： The Argument and Its Audience3

PART Ⅰ： RATIONALE9

1 The Dilemma of Punishment9

2 The Meaning of Punishment17

Introduction,17

A Preliminary Definition,19

Punish-ment, Treatment, and Other Sanctions,23

A Revised Defi-nition,31

3 Justifications for Criminal Punishment35

Introduction,35

Retribution,37

Utilitarian Prevention：Deterrence,39

Special Deterrence or Intimidation,45

Be-havioral Prevention： Incapacitation,48

Behavioral Pre-vention： Rehabilitation,53

Summary： The Limits of Pre-vention,58

4 Toward an Integrated Theory of Criminal Punishment62

5 Culpability and Conduct71

Introduction,71

Conduct as a Prerequisite,73

The Prin-ciple of Legality,79

The Allocation of Competences,87

Vagueness, Strict Construction, and Preventive Detention,91

6 Culpability and Excuses103

Introduction,103

The General Rationale of Excuses,108

Necessity,113

Apparent Necessity： The Role of "Mistake,"119

Strict Liability： Decline of "Mistake,"121

A Caveat on the Insanity Defense,131

7 Proof and Proportionality136

The Standard of Proof,136

Proportionality and Punish-ment,139

PART Ⅱ： PROCESS149

8 Two Models of the Criminal Process149

Introduction,149

Values Underlying the Models,154

9 The Models in Operation： From Arrest to Charge174

Introduction,174

Arrests for Investigation,175

Detention and Interrogation After a "Lawful" Arrest,186

Electronic Surveillance,194

Illegally Secured Evidence,198

Access to Counsel,201

10 The Models in Operation： From Charge to Guilt Determination205

The Decision to Charge,205

Pre-Trial Detention,210

The Plea of Guilty,221

11 The Models in Operation： Review of Errors227

Appeal,228

Collateral Attack,233

Access to Counsel： A Postscript,236

12 The Trend and Its Impact： A Tentative Appraisal239

PART Ⅲ： LIMITS249

13 An Approach to the Problem of Limits249

Introduction,249

The Question of Alternatives,251

Com-pensation and Regulation： The Case of Drunk Driving,251

Treatment： The Case of Civil Commitment,256

The Alternative of Doing Nothing,258

Limits as a Problem of Resource Allocation,259

14 The Search for Limits： Law and Morals261

Immorality： A Necessary Condition,261

Immorality： An Insufficient Condition,264

"Harm to Others,"266

Goals of Punishment,267

15 The Search for Limits： Profit and Loss270

Remoteness and Triviality,270

Crime Tariffs,277

Ten-sions Between Police and Public,282

Sporadic Enforce-ment,286

Abuse of Discretion,290

Assembly-Line Justice,292

Covert Functions,293

16 The Criteria Applied： Morals Offenses296

The Criminal Sanction at Its Best,296

Sex Offenses,301

Bigamy and Incest： Two Imaginary Crimes,312

The Sin of Obscenity,316

Prostitution： Sin or Nuisance,328

17 The Criteria Applied： Miscellaneous Offenses332

The Control of Narcotics and Other Drugs,332

Abortion：The Crime Tariff in Action,342

Drunkenness： The Right to Be "Sick,"345

Gambling： The Case for Experimenta-tion,347

The Businessman as Criminal,354

Conclusion： Means and Ends364

Bibliographical Note369

Index379