ABSTRACT
The criminal justice systems of modern common law countries are premised upon the fundamental notion that the state should take whatever official action is required against criminal offenders. While it is theoretically possible for a citizen to launch a private criminal action in the common law tradition, it is extremely rare. This has not always been the case. Prior to the eleventh century, victims, or their kin, were principally responsible for the legal pursuit of offenders in response to criminal violations of the victims’ families or their property. The desire for compensation was probably at least as common as the urge to retaliate. Indeed, in Roman law-upon which much Anglo common law is based-if a guilty person accepted his or her guilt and made restitution, then the case was settled between the parties and no further punitive action was required. These principles, however, did not survive the Norman Conquest 1,000 years ago. Crime moved away from being a private or community affair and became an offense against the state, and victims were referred away from the criminal courts for their grievances to be heard elsewhere, if at all.
