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April 11, 2018

"Privatizing Criminal Procedure"

The title of this post is the title of this newly posted article appearing on SSRN authored by J.D. King. Here is the abstract:

As the staggering costs of the criminal justice system continue to rise, many states have begun to look for non traditional ways to pay for criminal prosecutions and to shift these costs onto criminal defendants.  Many states now impose a surcharge on defendants who exercise their constitutional rights to counsel, confrontation, and trial by jury.  As these “user fees” proliferate, they have the potential to fundamentally change the nature of criminal prosecutions and the way we think of constitutional rights.  The shift from government funding of criminal litigation to user funding constitutes a privatization of criminal procedure.  This intrusion of market ideology into the world of fundamental constitutional rights has at least two broad problems: it exacerbates structural unfairness in a system that already disadvantages poor people, and it degrades how we conceive of those rights.  This Article proposes solutions to ameliorate the harshest effects of these rights-based user fees but also argues for the importance of resisting the trend of the privatization of constitutional trial rights.

April 11, 2018 at 10:35 AM | Permalink


This is a test, please delete this message if it posts to the forum.

Posted by: Tester | Apr 11, 2018 11:03:59 AM

Thyself shalt see the act: For, as thou urgest justice, be assured Thou shalt have justice, more than thou desirest.
Shakespeare. The Merchant of Venice Act 4, Scene 1,

Posted by: Claudio Giusti | Apr 11, 2018 2:35:27 PM

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