Rationale for Public Enforcement a basic question is why there is a need for public law enforcement in the light of the availability of private suits brought by victims. The answer depends very much on the locus of information about the identity of injurers. When victims of harm naturally possess knowledge of the identity of injurers, allowing private suits for damages will motivate victims to sue and thus harness the information they have for purposes of law enforcement. This may help to explain why the enforcement of contractual obligations and of accident law enforcement is primarily private. When victims do not know who caused harm and penalizing wrongdoing is difficult, society tends to rely instead on public investigation and prosecution and this is broadly true of crimes and of many violations of environmental and safety regulations.
Basic Theory of Law Enforcement
