Theftbote
From Wikipedia, the free encyclopedia
Theftbote, a misdemeanour or felony, occurs when a crime victim accepts the return of stolen property or makes other arrangements with a felon in exchange for an agreement not to prosecute. Such private deals were criminalized by Edward III,[1] King of England, because they reduced fines and other forfeitures of property, which were an important part of the royal revenue.
An early legal treatise defined theftbote as "when a man take any goods of a theefe and maintain him; and not when a man taketh his own goods;" and said "I think it be felony."[2]
According to the influential Sir Edward Coke, theftbote was equivalent to misprision of felony, both having the effect of concealing a felony, and the punishment was "ransome and imprisonment".[3]
The infamous Bernard Mandeville went further, arguing that theftbote was "beyond" misprision, and thus should be a felony itself,[4] because it "undermined the very concept of property," normalized thefts, and incentivized organized crime: "as sure a way to keep up the breed of rogues, and promote the interest of them, as either our fishery or the coal trade are constant nursery of sailors."[5]
Sir Matthew Hale was in agreement "that theftbote is more than a bare misprision of felony, and is, where the owner doth not only know the felony, but takes his goods again, or other amends, not to prosecute."[6] The issue for Hale, and others in agreement, was that a crime was an offense against all of society, and having the Parliament decided it was a crime, only the Crown Prosecution could decide whether to prosecute or not, a crime victim lacking the power to plea bargain.[6]
