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Criminal justice and democracy -- Criminal justice by the invisible hand -- The free market law of plea bargaining -- Private responsibility for criminal justice -- The high cost of efficiency -- Criminal justice and the security state -- Epilogue--the American way of criminal process
Book Synopsis Free Market Criminal Justice by : Darryl K. Brown
Download or read book Free Market Criminal Justice written by Darryl K. Brown and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice and democracy -- Criminal justice by the invisible hand -- The free market law of plea bargaining -- Private responsibility for criminal justice -- The high cost of efficiency -- Criminal justice and the security state -- Epilogue--the American way of criminal process
It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.
Book Synopsis The Illusion of Free Markets by : Bernard E. Harcourt
Download or read book The Illusion of Free Markets written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2012-11-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Book Synopsis The Collapse of American Criminal Justice by : William J. Stuntz
Download or read book The Collapse of American Criminal Justice written by William J. Stuntz and published by Harvard University Press. This book was released on 2011-09-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
In Our Right to Drugs, Szasz shows how the present drug war started at the beginning of this century, when the US government first assumed the task of protecting people from patent medicines. By the end of World War I the free market in drugs was but a dim memory. Instead of dwelling on the familiar impracticality and unfairness of drug laws, Szasz demonstrates the deleterious effects of prescription laws, which place people under lifelong medical supervision. The result is that most Americans today prefer a coercive and corrupt command drug economy to a free market in drugs.
Book Synopsis Our Right to Drugs by : Thomas Szasz
Download or read book Our Right to Drugs written by Thomas Szasz and published by Syracuse University Press. This book was released on 1996-04-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Our Right to Drugs, Szasz shows how the present drug war started at the beginning of this century, when the US government first assumed the task of protecting people from patent medicines. By the end of World War I the free market in drugs was but a dim memory. Instead of dwelling on the familiar impracticality and unfairness of drug laws, Szasz demonstrates the deleterious effects of prescription laws, which place people under lifelong medical supervision. The result is that most Americans today prefer a coercive and corrupt command drug economy to a free market in drugs.
This collection offers a comprehensive review of the origins, scale and breadth of the privatisation and marketisation revolution across the criminal justice system. Leading academics and researchers assess the consequences of market-driven criminal justice in a wide range of contexts, from prison and probation to policing, migrant detention, rehabilitation and community programmes. Using economic, sociological and criminological perspectives, illuminated by accessible case studies, they consider the shifting roles and interactions of the public, private and voluntary sectors. As privatisation, outsourcing and the impact of market cultures spread further across the system, the authors look ahead to future developments and signpost the way to reform in a ‘post-market’ criminal justice sphere.
Book Synopsis Marketisation and Privatisation in Criminal Justice by : Albertson, Kevin
Download or read book Marketisation and Privatisation in Criminal Justice written by Albertson, Kevin and published by Policy Press. This book was released on 2020-07-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a comprehensive review of the origins, scale and breadth of the privatisation and marketisation revolution across the criminal justice system. Leading academics and researchers assess the consequences of market-driven criminal justice in a wide range of contexts, from prison and probation to policing, migrant detention, rehabilitation and community programmes. Using economic, sociological and criminological perspectives, illuminated by accessible case studies, they consider the shifting roles and interactions of the public, private and voluntary sectors. As privatisation, outsourcing and the impact of market cultures spread further across the system, the authors look ahead to future developments and signpost the way to reform in a ‘post-market’ criminal justice sphere.
In his provocative analysis, Benson (economics, Florida State U.; The Independent Institute, Oakland, CA) argues for contracting out and other controversial "private justice" options as preferable to government's pervasive and misguided criminal justice role. "Why the timing may be right" is the theme of the preface by Marvin Wolfgang, Director of the U. of Pennsylvania's Sellin Center for Studies in Criminology and Criminal Law. The Austrian School of the series title favors less government economic control. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis To Serve and Protect by : Bruce L. Benson
Download or read book To Serve and Protect written by Bruce L. Benson and published by NYU Press. This book was released on 1998-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his provocative analysis, Benson (economics, Florida State U.; The Independent Institute, Oakland, CA) argues for contracting out and other controversial "private justice" options as preferable to government's pervasive and misguided criminal justice role. "Why the timing may be right" is the theme of the preface by Marvin Wolfgang, Director of the U. of Pennsylvania's Sellin Center for Studies in Criminology and Criminal Law. The Austrian School of the series title favors less government economic control. Annotation copyrighted by Book News, Inc., Portland, OR
At the end of the twentieth century, the bookstores are full of books on crime, though this title will certainly not find a place on the same shelves. In the massive Waterstones bookstore in the city of Manchester, England, where I lived through most of the 1990s, the ground floor display area was rearranged in 1995 so as to accommodate, right at the front of the store, several hundred new titles, on topics like Serial Murderers and Sexual Crimes of the Twentieth Century.l Several of these new books are companion volumes to movies on release in the city's cinemas or, in some instances, are simply the original text on which the movies are based. The movies in question - Shallow Grave, Silence of the Lambs, Reservoir Dogs, Natural Born Killers and others - focus heavily on interpersonal violence and murder and also place great emphasis in the manner of many earlier cinematic genres - on the idea of the 'criminal mind' (not least, as a way of dramatizing the detection of the originating criminal act) but also - to a significant extent, these are movies which emphasize the idea and contemporary social presence of evil. Similar moral and psychologistic preoccupations are now also widely apparent on primetime television - most notably, in Britain, in the extraordinarily powerful Cracker series, produced by Granada Television in 1994 and 1995, watched by over 15 million people, and featuring, inter alia, the forensic investigation' of serial and sexual murders, some of them extremely graphically displayed (Crace 1994).2 The prominence of 'Gothic' themes in movies about violent death is not new in itself: there is a long history of interest in the cinema in horror and, indeed, in 'transgression' and evil. What may be definitive about the present genre of movies as well as the range of fictional and non-fictional titles in the bookstores about crime is the overwhelming focus on murder and killing represented in very contemporary and mundane, ordinary and, indeed, 'respectable' settings, and the powerful suggestion that these movies are a representation of the risks and dangers involved in everyday life at the end of the twentieth century. The bookstore display in Waterstones is straightforwardly called the 'Real Crimes' section.
Book Synopsis Crime In Context by : Ian Taylor
Download or read book Crime In Context written by Ian Taylor and published by Routledge. This book was released on 2019-04-03 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the twentieth century, the bookstores are full of books on crime, though this title will certainly not find a place on the same shelves. In the massive Waterstones bookstore in the city of Manchester, England, where I lived through most of the 1990s, the ground floor display area was rearranged in 1995 so as to accommodate, right at the front of the store, several hundred new titles, on topics like Serial Murderers and Sexual Crimes of the Twentieth Century.l Several of these new books are companion volumes to movies on release in the city's cinemas or, in some instances, are simply the original text on which the movies are based. The movies in question - Shallow Grave, Silence of the Lambs, Reservoir Dogs, Natural Born Killers and others - focus heavily on interpersonal violence and murder and also place great emphasis in the manner of many earlier cinematic genres - on the idea of the 'criminal mind' (not least, as a way of dramatizing the detection of the originating criminal act) but also - to a significant extent, these are movies which emphasize the idea and contemporary social presence of evil. Similar moral and psychologistic preoccupations are now also widely apparent on primetime television - most notably, in Britain, in the extraordinarily powerful Cracker series, produced by Granada Television in 1994 and 1995, watched by over 15 million people, and featuring, inter alia, the forensic investigation' of serial and sexual murders, some of them extremely graphically displayed (Crace 1994).2 The prominence of 'Gothic' themes in movies about violent death is not new in itself: there is a long history of interest in the cinema in horror and, indeed, in 'transgression' and evil. What may be definitive about the present genre of movies as well as the range of fictional and non-fictional titles in the bookstores about crime is the overwhelming focus on murder and killing represented in very contemporary and mundane, ordinary and, indeed, 'respectable' settings, and the powerful suggestion that these movies are a representation of the risks and dangers involved in everyday life at the end of the twentieth century. The bookstore display in Waterstones is straightforwardly called the 'Real Crimes' section.
The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.
Book Synopsis Free Markets and Social Justice by : Cass R. Sunstein
Download or read book Free Markets and Social Justice written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1999-03-18 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.
Includes bibliographical references (p. 639-665) and indexes.
Book Synopsis World Criminal Justice Systems by : Richard J. Terrill
Download or read book World Criminal Justice Systems written by Richard J. Terrill and published by Routledge. This book was released on 2013 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references (p. 639-665) and indexes.
This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. The American Criminal Justice System: How It Works, How It Doesn't, and How to Fix It calls attention to a criminal justice system that needs improvement. Author Gerhard Falk shows that the police themselves often violate the law; that prosecutors send innocent citizens to prison and even to death row; that defense attorneys take on cases they are not prepared to handle; that juries vote guilt or innocence on the basis of emotion, not facts; that judges are often failed attorneys or unscrupulous politicians; and that jails and prisons are too frequently warehouses of the poor. As background for his analysis, Falk discusses the history of the police, prosecutors, defense attorneys, and judges, as well as the history of prisons and "the prison industrial complex." He also offers a devastating analysis of the death penalty and its practitioners. The book ends with recommendations for the improvement of our criminal justice system so that America can truly be, as our Supreme Court proclaims, a land of "Equal Justice under Law."
Book Synopsis The American Criminal Justice System by : Gerhard Falk
Download or read book The American Criminal Justice System written by Gerhard Falk and published by Bloomsbury Publishing USA. This book was released on 2010-03-11 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. The American Criminal Justice System: How It Works, How It Doesn't, and How to Fix It calls attention to a criminal justice system that needs improvement. Author Gerhard Falk shows that the police themselves often violate the law; that prosecutors send innocent citizens to prison and even to death row; that defense attorneys take on cases they are not prepared to handle; that juries vote guilt or innocence on the basis of emotion, not facts; that judges are often failed attorneys or unscrupulous politicians; and that jails and prisons are too frequently warehouses of the poor. As background for his analysis, Falk discusses the history of the police, prosecutors, defense attorneys, and judges, as well as the history of prisons and "the prison industrial complex." He also offers a devastating analysis of the death penalty and its practitioners. The book ends with recommendations for the improvement of our criminal justice system so that America can truly be, as our Supreme Court proclaims, a land of "Equal Justice under Law."
