Is the state our protector?
High-profile events – terrorism, new scientific evidence long after people have been acquitted, petty cases tying up jury time – prompt politicians to ‘modernize’ the justice system. But many of the rights they seek to curb – habeas corpus, no double jeopardy, jury trial – are there for good reason after centuries of bloody struggle. How can we maintain security and efficiency without doing violence to these fundamental legal rights?The court system is a state monopoly, characterized by long delays, restrictive and outdated practices, and extremely high costs, putting justice out of the reach of many people. Other countries allow alternative ways of settling disputes – and the whole of the court system benefits from that competition. Prisons, too, are slowly discovering the benefits of private management over state monopoly. And the police, likewise, suffer under far too much central control and funding, poor management, and a lack of customer responsiveness to the public. Is this another nationalized industry which needs a dose of new non-state skills?
