Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x24gv Total loading time: 0 Render date: 2024-05-05T04:06:19.669Z Has data issue: false hasContentIssue false

6 - Private Criminal Settlements as Blackmail

Published online by Cambridge University Press:  21 September 2023

Ric Simmons
Affiliation:
Ohio State University
Get access

Summary

This chapter analyzes private criminal settlements through the lens of blackmail law. Private criminal settlements meet the definition of blackmail in every state, but there are reasons to think that they should be made legal. First, the theoretical justification for the crime of blackmail is relatively weak, and it is even weaker in the case of private criminal settlements. The chapter concludes by arguing that there are only two dangers that may arise from allowing private criminal settlements: first, that the blackmailer will become an accomplice after the fact and, second, that the blackmailer may be violating a moral or statutory duty to report the crime. However, these dangers could be alleviated by (1) increasing the punishments (and thus the deterrence level) for actively concealing criminal activity and (2) criminalizing any attempt to blackmail using incriminating information if the blackmailer has a statutory duty to report the crime in question.

Type
Chapter
Information
Private Criminal Justice
How Private Parties are Enforcing Criminal Law and Transforming Our Justice System
, pp. 101 - 116
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×