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Free Market Criminal Justice – How Democracy and Laissez Faire Undermine the Rule of Law - Oxford Scholarship Online
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Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law

Darryl K. Brown


This book explains how excessive faith in democratic politics and free markets has undermined the rule of law in U.S. criminal process. From initial charges and evidence gathering through criminal trials, guilty pleas and appeals, safeguards against bias, incompetence, wrongful convictions, and excessive punishment rely more on politics and laissez-faire economic ideas than judicially enforceable legal rules and duties. America’s unique political development, characterized by skepticism of government power, has restrained the state’s role, not only the economic regulation, but also in assuring ... More

Keywords: criminal trials, plea bargaining, criminal process, prosecutors, democratic politics, neoliberal, laissez-faire, political development, adversary system, rule of law

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780190457877
Published to Oxford Scholarship Online: January 2016 DOI:10.1093/acprof:oso/9780190457877.001.0001


Affiliations are at time of print publication.

Darryl K. Brown, author
O. M. Vicars Professor of Law, University of Virginia School of Law