Summary
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Part I of the Article describes the failures of the public criminal justice system and show how many of these failures are due to the public monopoly on the provision of criminal justice services. Part II chronicles the privatization of law enforcement, examining its dramatic growth and the limited response from scholars and lawmakers. Part III provides a brief summary of the theory and practice of the restorative justice movement. Part IV combines these two movements to demonstrate what a private criminal justice system would look like. Part V examines potential criticisms of a new private criminal justice alternative, and Part VI concludes the article by briefly setting out suggestions for how an emerging private system of criminal justice should develop in light of these potential criticisms.(excerpt)
Link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991157#PaperDownload
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