ABSTRACT
This chapter examines several historical instances of privatization that have produced significant changes in the criminal process. It explores several contemporary innovations that are transforming the nature of criminal justice. The chapter also explores the most salient examples of criminal process: transportation of convicted felons from England and Ireland to North America in the 17th and 18th centuries; the development of the modern prison in the 19th century; and the development of modern law enforcement and prosecution. Ironically, in the name of shrinking government, privatization in the criminal justice realm has expanded both the functions of the state and the cost of government. The chapter reflects on four structural factors that foster privatization in some settings and restrict its development in others. The factors include weak states/strong states; presidential versus parliamentary systems; federal versus unitary governmental structures; and adversarial versus inquisitorial systems.
