Book contents
- Private Criminal Justice
- Private Criminal Justice
- Copyright page
- Contents
- Acknowledgments
- Introduction: The Rise of Private Criminal Justice
- 1 Criminal Justice without the State
- 2 A Brief History of Crime
- 3 Public Failings, Private Opportunities
- 4 Private Law Enforcement
- 5 Private Criminal Settlements as Plea Bargains
- 6 Private Criminal Settlements as Blackmail
- 7 Private Adjudications
- 8 Private Dispositions
- 9 Regulating Private Criminal Justice
- 10 The Verdict on Private Criminal Justice
- Notes
- Index
5 - Private Criminal Settlements as Plea Bargains
Published online by Cambridge University Press: 21 September 2023
- Private Criminal Justice
- Private Criminal Justice
- Copyright page
- Contents
- Acknowledgments
- Introduction: The Rise of Private Criminal Justice
- 1 Criminal Justice without the State
- 2 A Brief History of Crime
- 3 Public Failings, Private Opportunities
- 4 Private Law Enforcement
- 5 Private Criminal Settlements as Plea Bargains
- 6 Private Criminal Settlements as Blackmail
- 7 Private Adjudications
- 8 Private Dispositions
- 9 Regulating Private Criminal Justice
- 10 The Verdict on Private Criminal Justice
- Notes
- Index
Summary
This chapter examines the phenomenon of private criminal settlements, in which the alleged criminal gives the victim of the crime some consideration in exchange for keeping the incident out of the public criminal justice system. These agreements may occur between two private individuals who have (and wish to maintain) a preexisting relationship, such as when the victim and the perpetrator are family members. They may involve a corporate client of a private police officer who decides that referring the case to the public criminal justice system is too expensive and time consuming. The witness may not even be the victim of the crime; the witness could be a third party who either accidentally discovered evidence of the crime or actively sought the information in order to extract a payment from the perpetrator. The chapter sets out the motivations that lead individuals to enter these agreements and argues that these agreements offer benefits to society that outweight their costs. It also compares these agreements to public plea bargains, comparing the arguments for and against plea bargains with the arguments for and against private criminal settlements.
- Type
- Chapter
- Information
- Private Criminal JusticeHow Private Parties are Enforcing Criminal Law and Transforming Our Justice System, pp. 73 - 100Publisher: Cambridge University PressPrint publication year: 2023