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Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190457872
Category : Business & Economics
Languages : en
Pages : 321
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Book Description
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.
Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190457872
Category : Business & Economics
Languages : en
Pages : 321
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Book Description
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.
Author: Bernard E. Harcourt
Publisher: Harvard University Press
ISBN: 0674971329
Category : Business & Economics
Languages : en
Pages : 337
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Book Description
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.
Author: Albertson, Kevin
Publisher: Policy Press
ISBN: 1447345703
Category : Social Science
Languages : en
Pages : 358
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Book Description
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.
Author: William R. Kelly
Publisher: Columbia University Press
ISBN: 0231539223
Category : Social Science
Languages : en
Pages : 418
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Book Description
Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.
Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0190236760
Category : Law
Languages : en
Pages : 318
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Book Description
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Author: Bruce L. Benson
Publisher: NYU Press
ISBN: 0814713270
Category : Business & Economics
Languages : en
Pages : 400
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Book Description
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
Author: John Pratt
Publisher: Springer Nature
ISBN: 3030488721
Category : Social Science
Languages : en
Pages : 400
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Book Description
This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.
Author: John N. Ferdico
Publisher: Wadsworth Publishing Company
ISBN: 9780495509653
Category :
Languages : en
Pages : 0
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Book Description
Thoroughly updated, the Study Guide includes the following elements to help students get the most out of their classroom experience: learning objectives, a chapter outline and summary, key terms, and a self-test. The self-test consists of multiple-choice, fill-in-the-blank, true-false, and essay questions.
Author: William J. Stuntz
Publisher: Harvard University Press
ISBN: 0674051750
Category : History
Languages : en
Pages : 425
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Book Description
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.
Author: Robert Reiner
Publisher: Routledge
ISBN: 1315296756
Category : Social Science
Languages : en
Pages : 187
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Book Description
This book argues that ‘social democratic criminology’ is an important critical perspective which is essential for the analysis of crime and criminal justice and crucial for humane and effective policy. The end of World War II resulted in 30 years of strategies to create a more peaceful international order. In domestic policy, all Western countries followed agendas informed by a social democratic sensibility. Social Democratic Criminology argues that the social democratic consensus has been pulled apart since the late 1960s, by the hegemony of neoliberalism: a resuscitation of nineteenth-century free market economics. There is now a gathering storm of apocalyptic dangers from climate change, pandemics, antibiotic resistance, and other existential threats. This book shows that the neoliberal revolution of the rich pushed aside social democratic values and policies regarding crime and security and replaced them with tougher ‘law and order’ approaches. The initial consequence was a tsunami of crime in all senses. Smarter security techniques did succeed in abating this for a while, but the decade of austerity in the wake of the 2008 financial crisis has seen growing violent and serious crime. Social Democratic Criminology charts the history of social democracy, discusses the variety of conflicting ways in which it has been interpreted, and identifies its core uniting concepts and influence on criminology in the twentieth century. It analyses the decline of social democratic criminology and the sustained intellectual and political attacks it has endured. The concluding chapter looks at the prospects for reviving social democratic criminology, itself dependent on the prospects for a rebirth of the broader social democratic movement. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, cultural studies, politics, history, social policy, and all those interested in social democracy and its importance for society.
