Reply More
Bill Smith Posted: Sun, Oct 31 2010 4:24 PM
In the paper “Toward a Libertarian Theory of Guilt and Punishment for the Crime of Statism” by Walter Block. The author puts forth a scenario in which a convicted car thief is forced to make restitution to the victim plus an equal amount for the punishment of his crime. Two teeth for one. That theory got me thinking about ways to deal with Law enforcement , the court system,correctional facilities, and the rehabilitation of criminals.
In Libertarian theory if there is no victim there is no crime. Victimless Crimes are just an attempt by one group to force another to adopt their moralities or principals. That is not a matter for the Justice system to decide. Once this theory is adopted it will immediately free law enforcement officers, judges, and jailers of costly time consuming and detrimental functions.
In our present system of justice the police catch a car thief, he is found guilty by a jury of his peers and the judge sends him to prison for say five years. What happens next? The taxpayers including the victim cut a check for the police the courts and the jail. The criminals wife and kids go on Welfare so we pay for them too. The victims car gets wrecked in the police chase but at least he has the satisfaction of knowing that this guy won’t be able to steal his new car for five years.
Consider this,the police catch a car thief. He is found guilty. The court then decides on a monetary judgement against the defendant. This will include restitution to the victim for his property, for his pain and suffering et al. A judgment would be placed on the defendant for the cost of his apprehension and trial. He is then remanded to a privately owned Penal Institution. Where he can apply for a job at a competitive wage and work until all parties are made whole. If he chooses not to work in the Widget factory, Farm or whatever for profit business venture this institution offers he will not have enough money in his account to purchase meals or rent a comfortable cell. However if he does decide to work and prosper in his new found profession he may then be awarded performance based wage increases and the opportunity to work overtime, gaining an early release. What happens next? Well maybe the guy gets out and steals back the car he bought you. Or maybe the guy applies for a job at the local widget factory. When asked for his qualifications he can proudly say I did a five year sentence in two and a half and I’m the best damn widget maker you ever saw.