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This chapter critically examines the public criminal justice system and argues that its failures have encouraged private parties to respond to criminal activity without resorting to the public system. Specifically, the public criminal justice system incarcerates an enormous percentage of our population, disproportionately affecting people of color, with almost no attempt to rehabilitate or reintegrate the perpetrators of crime. It does not satisfy – nor is it designed to satisfy – the needs of crime victims. And, recently, significant numbers of people have begun to reevaluate the scope and mission of both the police and the prosecutors, which will result in a partial repurposing of the public criminal justice system and will create gaps in enforcement that will be filled by private actors.
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