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In contrast to government's predominant role in criminal justice today, for many centuries crime control was almost entirely private and community-based. Government police forces, prosecutors, courts, and prisons are all recent historical developments-results of a political and bureaucratic social experiment which, Bruce Benson argues, neither protects the innocent nor dispenses justice.
In this comprehensive and timely book, Benson analyzes the accelerating trend toward privatization in the criminal justice system. In so doing, To Serve and Protect challenges and transcends both liberal and conservative policies that have supported government's pervasive role. With lucidity and rigor, he examines the gamut of private-sector input to criminal justice-from private-sector outsourcing of prisons and corrections, security, arbitration to full "private justice" such as business and community-imposed sanctions and citizen crime prevention. Searching for the most cost-effective methods of reducing crime and protecting civil liberties, Benson weighs the benefits and liabilities of various levels of privatization, offering correctives for the current gridlock that will make criminal justice truly accountable to the citizenry and will simultaneously result in reductions in the unchecked power of government.
Contracting out (or partial privatization) of policing, security, corrections and court-related law enforcement services, although limited when compared to public sector provision of the same services, has expanded in scope and numbers in the last 25 years. In an examination of the potential benefits and pitfalls of contracting out, Benson concludes that contracting out typical government services to private businesses reduces costs and may enhance quality of services, depending on whether the contracting out process was competitive or noncompetitive (meaning the process was influenced by bribery, corruption, or overt political maneuvers).
In the last chapter, Benson makes several recommendations, including more crime prevention watching by citizens in their communities, more community policing, increasing the use of private security, eliminating licenses and other regulatory restrictions on private security markets, ending publicly supervised pretrial release programs, encouraging more private prosecutions, privatizing indigent defense, civil remedies against police who violate constitutional rights of citizens, creating private courts with a focus on restitution, making criminals "pay" for their crimes through a commercial bail system and marketing prisoner's labor. Other subsidiary suggestions accompany these recommendations with explanations of how they might be implemented.
Each recommendation is discussed in some detail and fit together to form Benson's vision of a utopian private justice system. He anticipates "considerable political resistance" to such reforms, and he argues "crime can actually be relatively effectively controlled through the interactions of private buyers and sellers and through various voluntary cooperative arrangements". He submits that one purpose of his book is to give a road map to victims' advocacy groups that they might use to create a criminal justice system more responsively to the "desires of individual crime victims." We must not forget, as we read this book, that it is a criminal justice system, not a victim justice system. It provides a "collective" good that may create some disjuncture between the whims and desires of individual crime victims and overall societal well-being. In my opinion, somewhere along the way in this libertarian treatise the author loses sight of this. Well written and provocative, it should be read by criminal justice professionals and academicians with the perspective that he offers some valid criticisms of the public sector's handling of criminal justice and offers some recommendations that warrant consideration.
|Preface: Why the Timing Might Be Right|
|I||Private Inputs for Public Crime Control||13|
|2||Partial Privatization: The Level and Scope of Contracting Out in Criminal Justice||15|
|3||Potential Benefits and Pitfalls of Contracting Out for Criminal Justice||26|
|4||Private Inputs into "Public" Arrests and Prosecution: Vital but Reluctant Victims and Witnesses||50|
|II||Private Crime Control||73|
|5||The Level and Scope of Private Production of Crime Prevention and Protection||75|
|6||Private Justice in America: Historical Precedent and Modern Reality||94|
|7||The Benefits of Privatization: Theory and Evidence||127|
|8||Alleged Market Failures in a Privatized System of Criminal Justice: Are They Valid?||169|
|III||Policy Analysis and Recommendations: From a Privatized System of Crime Control to Government Domination, and How to Get Back Again||193|
|9||Why Is the Public Sector So Involved with Criminal Law Today? A Theoretical and Historical Analysis||195|
|10||Restitution in a Rights-Based Approach to Crime Policy: Individual Responsibility and Justice for Victims||227|
|11||Encouraging Effective Privatization in Criminal Justice, Part I: Prevention and Pursuit||260|
|12||Encouraging Effective Privatization in Criminal Justice, Part II: Prosecution and Punishment||285|
|About the Author||372|