Court services can be provided by the local government or contracted out
- A free society could privately contract for every service needed to efficiently and fairly administer a criminal justice system. Much of this is occurring right now very effectively.
- For example, many jurisdictions contract the services of private arbitrators or private attorneys. Such attorneys can either act in defense of an accused or as judges in the overall case (but not both at the same time).
- That said, as is also the case with police, there is no reason a local government could not effectively administer some or all of the criminal justice system in total compliance with all aspects of the 3L Philosophy.
- As with policing, we need not resolve which approach is best. So long as due process is satisfied, either method could be employed consistently with all aspects of the 3L Philosophy.
Most private law (civil) cases can be resolved outside of the court system
- In the United States, approximately 90% of civil cases are resolved via settlement (i.e., they are not taken to court).
- Disputes may be settled by arbitrators or by private judges.
Prisons
- Prisons are one means of punishment that local communities can adopt against aggressors.
- Unlike government-run prisons, if the private prison fails to perform as expected, the community can contract with a different provider when the contract expires.
Roles in a typical criminal court
- **Judge:** Oversees the trial, rules on the law, and ensures proceedings are fair.
- **Jury:** Listens to evidence and decides the facts of the case.
- Prosecutor: Presents the case against the accused on behalf of the local community.
- Defense Attorney: Represents and defends the accused.
- Defendant: The person or entity accused of a crime (or sued in a civil case).
- Witness: Provides testimony based on what they saw, heard, or know.
- Court Clerk: Manages court records, schedules, and administrative tasks.
- Bailiff: Maintains order and security in the courtroom.
- Court Reporter: Creates an official transcript of everything said during the trial.