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Corporate Criminal Liability

Susanne Beck.

in The Oxford Handbook of Criminal Law

November 2014; p ublished online March 2015 .

Article. Subjects: Law; Criminal Law; Company and Commercial Law. 10344 words.

This chapter examines changes in criminal law over the last decades, paying particular attention to corporate criminal liability (CCL). After outlining the main features of CCL with a focus...

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Criminal Justice and Democracy

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 15050 words.

Democratic accountability and political supervision play an outsized role in American criminal justice, and this chapter describes some of the effects of this unique democratic commitment....

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Criminal Justice and the Security State

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 10377 words.

This penultimate chapter addresses two broad questions. First, if U.S. criminal justice is so committed to democracy and markets because of an enduring distrust of government, why have...

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Criminal Justice by the Invisible Hand

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 12083 words.

This chapter explores how criminal justice systems are deeply affected by prevailing ideas about political economy—about the proper ways for states to organize and intervene in markets....

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Epilogue

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 5631 words.

This concluding chapter connects three broad developments in American society over the past forty years—a sharp rise in income inequality, a sharp rise in political polarization, and a...

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Free Market Criminal Justice

Darryl K. Brown.

March 2016; p ublished online January 2016 .

Book. Subjects: Criminal Law; Company and Commercial Law. 320 pages.

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...

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The Free Market Law of Plea Bargaining

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 12320 words.

This chapter focuses on the American law of plea bargaining. While negotiated guilty pleas are now common in nearly all justice systems, in U.S. criminal justice systems its practice is...

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The High Cost of Efficiency

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 11368 words.

This chapter explores important but rarely noted consequences of achieving greater efficiency in criminal process through plea bargaining and other reforms. Whenever a process for producing...

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Introduction

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 9658 words.

Democracy, markets, and legal rules are different means by which to make decisions among competing interests and to allocate resources. This chapter introduces the argument that U.S....

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Private Responsibility for Criminal Judgments

Darryl K. Brown.

in Free Market Criminal Justice

March 2016; p ublished online January 2016 .

Chapter. Subjects: Criminal Law; Company and Commercial Law. 12241 words.

This chapter explores ways that market-inspired premises and rationales underlie a range of adjudication rules in the pretrial, trial, and appellate stages. Adversary systems always place...

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