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Free Market Criminal Justice Darryl K. Brown (O. M. Vicars Professor of Law, O. M. Vicars Professor of Law, University of Virginia School of Law)

Free Market Criminal Justice By Darryl K. Brown (O. M. Vicars Professor of Law, O. M. Vicars Professor of Law, University of Virginia School of Law)

Free Market Criminal Justice by Darryl K. Brown (O. M. Vicars Professor of Law, O. M. Vicars Professor of Law, University of Virginia School of Law)

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Summary

Free Market Criminal Justice explains how excessive faith in democratic politics and free markets has undermined the rule of law in the US criminal process. It argues that, to strengthen the rule of law, American criminal justice needs less democracy, less market-inspired process, and more law.

Free Market Criminal Justice Summary

Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law by Darryl K. Brown (O. M. Vicars Professor of Law, O. M. Vicars Professor of Law, University of Virginia School of Law)

Free Market Criminal Justice offers a critique of the ideology behind the US criminal justice system. It argues that the distinctive ideology shaping American criminal processes is a commitment to a set of values in institutional design as divided into two categories - "democracy" and "markets". Here, democracy describes the ideas and practices of politically responsive, popularly accountable governance. Markets refers to norms, premises and mechanisms of private ordering in contrast to public management; competition between private agents acting for self-interest. Arguing against recent attempts to re-invigorate democratic processes in criminal justice, this book claims that there are significant downsides to a criminal justice system that favors democratic processes over legal regulation. The commitment to democracy has undermined the rule of law in American criminal justice resulting in mass incarceration and wrongful convictions, particularly as institutional democracy goes hand in hand with the development of market-inspired mechanisms. This book concludes with proposals for reforms to rebuild the rule of law in the criminal process.

Free Market Criminal Justice Reviews

"Free Market Criminal Justice is a major advance on past work that has tried to link US punitiveness to its political economy. Recognizing that both democracy and markets operate as regulative ideals in American government, Brown shows us how they combine to produce a criminal process dominated by private ordering and remarkably indifferent to either law or truth. Essential to understanding why our system is both excessive and inadequate. It is hard to see how we can escape mass incarceration without revisiting these constitutive political choices." -Jonathan Simon, Adrian A. Kragen Professor of Law, Faculty Director, Center for the Study of Law & Society, UC Berkeley School of Law "Darryl Brown presents an original and convincing diagnosis of the distinctively American ideologies that have produced catastrophic dysfunction in our criminal justice system. His insightful and cogently argued book will prompt fresh thinking among all who are seeking a way out of our addictive reliance on "efficient" procedure and grossly excessive punishment as the solution to every social ill." -Stephen J. Schulhofer, Robert B. McKay Professor of Law, New York University School of Law

About Darryl K. Brown (O. M. Vicars Professor of Law, O. M. Vicars Professor of Law, University of Virginia School of Law)

Darryl K. Brown is the O. M. Vicars Professor of Law at the University of Virginia, and the E. James Kelly, Jr. Class of 1965 Research Professor of Law. He specializes in criminal law, criminal adjudication, and evidence. Previously, he was the Class of 1958 Alumni Professor of Law at Washington and Lee University School of Law. Professor Brown clerked for Chief Judge Dolores K. Sloviter of the U.S. Court of Appeals for the Third Circuit. He was also an associate at Kilpatrick & Cody in Atlanta, and an assistant public defender in Clarke County, Georgia.

Table of Contents

Acknowledgments 1: Introduction--Justice in a Minimal State 2: Criminal Justice and Democracy 3: Criminal Justice by the Invisible Hand 4: The Free Market Law of Plea Bargaining 5: Private Responsibility for Criminal Judgments 6: The High Cost of Efficiency 7: Criminal Justice and the Security State 8: Epilogue--The American Way of Criminal Process Endnotes Index

Additional information

NPB9780190457877
9780190457877
0190457872
Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law by Darryl K. Brown (O. M. Vicars Professor of Law, O. M. Vicars Professor of Law, University of Virginia School of Law)
Darryl K. Brown (O. M. Vicars Professor of Law, O. M. Vicars Professor of Law, University of Virginia School of Law)
New
Hardback
Oxford University Press Inc
2016-02-11
320
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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