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.

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.

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.

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.

Traces the accelerating trend towards privatization in the criminal justice system In contrast to government's predominant role in criminal justice today, for many centuries crime control was almost entirely private and community-based. Government police forces, prosecutors, courts, and prisons are all recent historical developments–results of a political and bureaucratic social experiment which, Bruce Benson argues, neither protects the innocent nor dispenses justice. In this comprehensive and timely book, Benson analyzes the accelerating trend toward privatization in the criminal justice system. In so doing, To Serve and Protect challenges and transcends both liberal and conservative policies that have supported government's pervasive role. With lucidity and rigor, he examines the gamut of private-sector input to criminal justice–from private-sector outsourcing of prisons and corrections, security, arbitration to full "private justice" such as business and community-imposed sanctions and citizen crime prevention. Searching for the most cost-effective methods of reducing crime and protecting civil liberties, Benson weighs the benefits and liabilities of various levels of privatization, offering correctives for the current gridlock that will make criminal justice truly accountable to the citizenry and will simultaneously result in reductions in the unchecked power of government.

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.

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.

Challenges the philosophical tenets of "Freakonomics" through case studies that demonstrate the theory that the more costly something is, the less of it people will do, in an economic analysis that covers such topics as price discrimination and corporatescandals.

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.

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.