Originally published at The Federalist Society by Ronald A. Cass| December 16, 2014
Criminal law is the biggest, scariest tool in the arsenal of governmental powers: it can result in loss of property, loss of freedom, and even loss of life. That theme is repeated through history and literature, as readers of Crime and Punishment, The Count of Monte Cristo, The Gulag Archipelago, or countless other works from countries around the world understand. Criminal law is the means by which government’s coercive power over those within its domain ultimately is effected?either through the direct imposition of criminal punishments or the threat of their imposition. Continue Reading