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Free Market Criminal Justice
How Democracy and Laissez Faire Undermine the Rule of Law889
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.
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Fler böcker av Darryl K Brown
Darryl K Brown
The criminal process begins with arrests or investigations and concludes with adjudication and appeal. Across more than 40 chapters, this Handbook provides a comprehensive introduction to both common law and civil law approaches to the criminal pr...
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"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 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.
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