Judging as Crime: A Transatlantic Perspective on Criminalizing Excesses of Judicial Discretion

David J Stute

Pages 574–614, https://doi.org/10.1093/ajcl/avac003

Drawing on over a century and a half of Germany’s experience with a statute that criminalizes (mis)judging, this Article seeks to substantiate that criminal penalties for judges were largely ineffectual, and that courts proved ill-suited to police themselves even with a judiciary-specific criminal statute in place.