|
|
Article: Rule of law and the limits of sovereignty: The private prison in jurisprudential perspective
- Article from:
- American Criminal Law Review
- Article date:
- January 1, 2001
- Author:
CopyrightCopyright Georgetown University Law Center Winter 2001. Provided by ProQuest LLC. (Hide copyright information)
|
I. INTRODUCTION
The evolution of the contemporary criminal justice system can be described in terms of two distinct shifts in the relationship between state and society and in the role of law in mediating that relationship. The more obvious of these shifts is the direct expansion of the m
odern state's sovereignty over the affairs of citizens, as is perhaps best evident in the demise of libertarian interpretations of the Fourth Amendment and attendant increases in state prerogative. The second, less obvious shift involves a dramatic erosion of the state's monopoly of criminal justice functions-that is, the "privatization" of criminal justice. Although evident in the rise of victims' rights ...