VIGILANTISM REVISITED: AN ECONOMIC ANALYSIS OF THE LAW OF EXTRAJUDICIAL SELF-HELP OR WHY CAN’T DICK SHOOT HENRY FOR STEALING JANE’S TRUCK?

1998 National:

INTRODUCTION
In a small town in Texas, citizens band together to confront and harass drug dealers, ultimately driving the dealers from their neighborhood. The local police praise the community for organizing “a legalized vigilante movement.”1 In Oakland, California, housing complex residents use threats of civil law suits to prompt building owners to evict criminals. The residents’ leader describes the process as “cheap, safe and fast justice.”2 In Dallas, Texas, a group of mall security guards whip four youths with belts and canes after the youths admit to stealing from a mall store.3 A grand jury refuses to indict the guards for their actions.4 In each case, citizens chose to supplement established legal norms by administering their own brand of criminal justice. In each instance, many in the community applauded the “vigilante” action.

Then why would the legal system treat these situations so differently— praising the two former but bringing judicial process to bear in the latter? The mantra “violence is bad” is surely too simplistic; our criminal justice system regularly countenances the use of force to maintain and encourage legal compliance.5 Moreover, the law does not limit this express approval to governmental actors. Within strictly specified bounds, private citizens may use force to protect themselves, 6 their property,7 and others8 from unlawful intrusion. American society does not merely tolerate violent self-help, it promotes it as necessary and beneficial conduct.9

Why does vigilantism occur? Why does the law prohibit certain “vigilante” activities while allowing others? Does the current level of prohibition make sense? This essay utilizes a social wealth maximization model in an attempt to answer these questions and to rationalize the apparent disparity between vigilantism and legally justified selfhelp. Part I addresses the definition and historical roots of vigilantism, Part II develops a framework for analyzing extra-judicial selfhelp, and Part III applies this framework to the questions at hand. ..more.. by KELLY D. HINE