Abstract

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?

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