Privatising Justice

A powerful petition against the privatisation of the criminal justice system.

Privatising Criminal Justice explores the social, cultural and political context of privatisation in the criminal justice sector. In recent years, the criminal justice sector has made various strategic partnerships with the private sector, exemplified by initiatives within the police, the prison system and offender services. This has seen unprecedented growth in the past 30 years and a veritable explosion under the tenure of the coalition government in the UK. This book highlights key areas of domestic and global concern and illustrates, with detailed case studies of important developments. It connects the study of criminology and criminal justice to the wider study of public policy, government institutions and political decision making. In doing so, Privatising Criminal Justice provides a theoretical and practical framework for evaluating collaborative public and private-sector response to social problems at the beginning of the twenty-first century. An accessible and compelling read, this book will appeal to students and scholars of criminology, criminal justice, sociology and politics and all those interested in how privatisation has shaped the contemporary criminal justice system.

This collection offers a comprehensive review of the origins, scale and breadth of the privatisation and marketisation revolution across the criminal justice system. Leading academics and researchers assess the consequences of market-driven criminal justice in a wide range of contexts, from prison and probation to policing, migrant detention, rehabilitation and community programmes. Using economic, sociological and criminological perspectives, illuminated by accessible case studies, they consider the shifting roles and interactions of the public, private and voluntary sectors. As privatisation, outsourcing and the impact of market cultures spread further across the system, the authors look ahead to future developments and signpost the way to reform in a ‘post-market’ criminal justice sphere.

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Privatising Justice takes a broad historical view of the role of the private sector in the British state, from private policing and mercenaries in the eighteenth century to the modern rise of the private security industry in armed conflict, policing and the penal system. The development of the welfare state is seen as central to the decline of what the authors call 'old privatisation'. Its succession by neoliberalism has created the ground for the resurgence of the private sector. The growth of private military, policing and penal systems is located within the broader global changes brought about by neoliberalism and the dystopian future that it portends. The book is a powerful petition for the reversal of the increasing privatisation of the state and the neoliberalism that underlies it.--

Over the past few years, opposition to the privatisation in public services in the United Kingdom and elsewhere has grown, especially in areas related to criminal justice. Privatisation has existed within the British criminal justice system at least since the early 1990s, but the privatisation of the Probation Service in 2014 was a significant landmark in this process and signalled a larger programme of privatisation to come. Criminal Justice and Privatisation works to examine the impact of privatisation on the criminal justice system, and to explore the potential effects of privatising other areas including the police and the security industry. By including chapters from practitioners and academics alike, the book offers an expansive overview of the criminal justice system, as well as observations of the effect of privatisation at ground level. By also exploring the way the private companies are paid, how they operate and what private companies do, this book offers an insight into and the future of privatisation within the public sector. Written in a clear and direct style this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about the effects of privatisation.

Although service outsourcing has spread throughout Canada’s prisons and jails, into its police, courts, and national security institutions, and along the border in recent decades, the expanding scope and pace of corporate involvement in criminal justice functions has not yet been closely investigated. Changing of the Guards provides a detailed assessment of privatization and private influence across the twenty-first-century Canadian criminal justice system. It illuminates the many consequences of public–private arrangements for law and policy, transparency, accountability, the administration of justice, equity, and the public. This trenchant analysis raises issues that are relevant in Canada and abroad.

First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.