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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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

ISBN13: 9780190457877
Published: March 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £32.99

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Free Market Criminal Justice offers a critique of the ideology behind the US criminal justice system. It argues that the distinctive ideology shaping American criminal processes is a commitment to a set of values in institutional design as divided into two categories - "democracy" and "markets". Here, democracy describes the ideas and practices of politically responsive, popularly accountable governance. Markets refers to norms, premises and mechanisms of private ordering in contrast to public management; competition between private agents acting for self-interest. Arguing against recent attempts to re-invigorate democratic processes in criminal justice, this book claims that there are significant downsides to a criminal justice system that favors democratic processes over legal regulation. The commitment to democracy has undermined the rule of law in American criminal justice resulting in mass incarceration and wrongful convictions, particularly as institutional democracy goes hand in hand with the development of market-inspired mechanisms. This book concludes with proposals for reforms to rebuild the rule of law in the criminal process.

Other Jurisdictions , USA
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