Dan Epps on Checks and Balances in Criminal Law
In this episode, Daniel Epps, Associate Professor of Law at Washington University St. Louis School of Law, discusses his draft article "Checks and Balances in the Criminal Law." Epps begins by observing that we often conflate the separation of powers with checks and balances, and arguing that they are actually quite different. He notes that many scholars and judges consider the separation of powers critical to restraining the exercise of criminal law, but he argues that checks and balances actually do the real work. He observes that separation of powers turned out to really be separation of parties. And he argues that we should focus on imposing limits, rather than distributing powers. Epps is on Twitter at @danepps.