Agency Slack and the Design of Criminal Justice Institutions
Forthcoming in, The Routledge Handbook of Criminal Justice Ethics (J.P. Jackson & J. Jacobs, eds. 2016)
26 Pages Posted: 13 Mar 2015 Last revised: 28 Mar 2015
Date Written: March 11, 2015
This book chapter analyzes the problem of state wrongs in criminal justice institutions. The chapter first evaluates the need for institutional design solutions, as opposed to political solutions, or other responses exogenous to the structure and basic operation of criminal justice institutions. The second half of the chapter defines and explores two pivotal design choices that a democratic principal must make in creating criminal justice institutions. First, should policy responses or remedies be ex ante or ex post? And second, should they be public or privatized?
Keywords: Criminal Procedure; remedies
Suggested Citation: Suggested Citation