Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book explores some practical controversies in criminal law that are important yet unresolved. It is concerned with the nature and justification of criminal defenses. The book focuses on the justifiability of various procedures and practices that are characteristic of the US system of criminal justice. It is also concerned with the morality and practicality of negotiated pleas, by which trials are avoided entirely because the defendant agrees to plead guilty in exchange for a reduction in the charges. The book provides an insightful summary and critique of the extremely controversial law known as the "conspiracy doctrine," arguing that it comes uncomfortably close to dispensing with the actus reus requirement entirely. It also considers the sort of case that can be made for retaining the latter requirement as an element of criminal liability.