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Private Criminal Justice

Source: Simmons, Ric, "Private Criminal Justice" . Wake Forest Law Review, Vol. 42, 2007 Available at SSRN


This article charts the rise of a private criminal justice system in this country, provides a rough blueprint of what a fully functioning private criminal justice system will look like, and offers suggestions as to how to guide its development.

The article begins by describing the failures of the public criminal justice system, and then examines the ways in which these failures have given rise to two alternatives to the traditional system of criminal justice: privatization of law enforcement and restorative justice. The article then analyzes each of these alternatives, and then combines the two in order to demonstrate what a private criminal justice system would look like in the near future. Finally, the article considers potential criticisms of a private criminal justice system and offers suggestions as to how to guide the development of this new system in light of these criticisms.