Free Market Criminal Justice

Darryl K. Brown is the O. M. Vicars Professor of Law at the University of Virginia, and the E. James Kelly, Jr. Class of 1965 Research Professor of Law. He specializes in criminal law, criminal adjudication, and evidence. Previously, he was the Class of 1958 Alumni Professor of Law at Washington and Lee University School of Law. Professor Brown clerked for Chief Judge Dolores K. Sloviter of the U.S. Court of Appeals for the Third Circuit. He was also an associate at Kilpatrick & Cody in Atlanta, and an assistant public defender in Clarke County, Georgia.

"Free Market Criminal Justice is a major advance on past work that has tried to link US punitiveness to its political economy. Recognizing that both democracy and markets operate as regulative ideals in American government, Brown shows us how they combine to produce a criminal process dominated by private ordering and remarkably indifferent to either law or truth. Essential to understanding why our system is both excessive and inadequate. It is hard tosee how we can escape mass incarceration without revisiting these constitutive political choices." -Jonathan Simon, Adrian A. Kragen Professor of Law, Faculty Director, Center for the Study of Law & Society,UC Berkeley School of Law"Darryl Brown presents an original and convincing diagnosis of the distinctively American ideologies that have produced catastrophic dysfunction in our criminal justice system. His insightful and cogently argued book will prompt fresh thinking among all who are seeking a way out of our addictive reliance on "efficient" procedure and grossly excessive punishment as the solution to every social ill." -Stephen J. Schulhofer, Robert B. McKay Professor of Law, NewYork University School of Law

• Acknowledgments 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 Endnotes Index