Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law by Darryl K. BrownFree Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law by Darryl K. Brown

Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law

byDarryl K. Brown

Hardcover | February 4, 2016

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Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. America's unique political development, characterized by skepticism of government power, has restrained the state's role not only in the economic realmbut also in key parts of its criminal justice systems. From charging decisions through trials or guilty pleas and appeals, legal safeguards against bias, wrongful convictions, and excessive punishment rely more on politics and laissez-faire economic ideas than on enforceable rules and duties.Prosecutorial discretion is checked not by legal standards but by popular elections, and plea bargaining law is wholly built on a faith in unregulated markets - in contrast to the systems in other common law countries that also have neoliberal economies, adversarial process, and high guilty plearates.This book argues that democratic and market ideas have led to more partisan prosecutors, narrower duties of evidence disclosure, and to a right to defense counsel that carefully accommodates preexisting wealth inequalities. Most important, democratic and market values have diminished theresponsibility of judges - and of the state itself - for the accuracy and integrity of court judgments. Paradoxically, skepticism of government has expanded state power, reduced checks on executive officials, marginalized juries, and contributed to record incarceration rates. In contrast to recentarguments for re-invigorating democracy in criminal process, Free Market Criminal Justice argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more 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 the teaching of criminal law, criminal adjudication, and evidence. Previously, he was the Class of 1958 Alumni Professor of Law at Washington and Lee University Schoo...
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Title:Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of LawFormat:HardcoverDimensions:320 pages, 9.41 × 6.5 × 1.18 inPublished:February 4, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190457872

ISBN - 13:9780190457877

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Editorial Reviews

"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 ouraddictive 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