Criminal Justice

Overview

Government has a legitimate function to protect citizens and their property from harm caused by others.  And aggressors should be made to compensate their victims as much as possible. 

By definition, a victimless crime is a contradiction in terms.  Since people own their bodies they should be allowed to do anything they want with them as long as they do not harm someone else.  Vice laws – like drug use, prostitution, and gambling – should be decriminalized because there is no victim as long as all parties consent to the actions.  

Opinions

Criminal justice is one of the few valid functions of the state, but it would still be better if left to the market.  Capital punishment, victimless crimes, and drug laws are three things that should be abolished. 

Doug Casey, Casey Research

As much as possible, aggressors should compensate their victims.  In Japan, negotiations to achieve such compensation precede judgment.  Similar test programs in the United States have successfully reconciled victims and aggressors, even promoting forgiveness and cordial relations.  Victims have a need to receive an apology and compensation; when they do, healing can occur to the benefit of all.

Dr. Mary Ruwart, Author of Healing Our World

Each state should determine its will and preference for criminalization and justice.  Competition among the states is the guarantee of choice and excellence.

David Littmann, Mackinac Center for Public Policy

In a free society, crimes would be limited to aggression against persons and property, including fraud.  So-called "victimless crime" laws are incompatible with liberty.  Furthermore, by criminalizing vices, government empowers organized crime as prohibition creates black markets which, by definition, are controlled by organized crime.  Also, since the producers and consumers of these outlawed products and activities cannot use peaceful, lawful means to settle their disputes, they are more likely to resort to violence. 

Congressman Ron Paul, (R-TX)

All victimless crimes are none of any government’s business.  All drug laws are unconstitutional.  I have mixed feelings about capital punishment.  In certain circumstances, I think it is justified, purely as a defense against repetition of some heinous crimes.

Richard Timberlake, University of Georgia

The criminal law should be replaced with the civil law of the common law tradition in which individuals are held accountable to victims instead of governmental bodies.  All rule-making should be solely that of property owners under a rule of law that forbids acts of invasive force.  For example, those who wish wisely or foolishly to use drugs should be free to do so and those who wish to keep drug use off their property should similarly be free to do so.  In this regard, the choice to use or not use is not a matter of libertarianism, but in broader questions of wisdom in experience, moral ethics, and science.

David Theroux, The Independent Institute

There should be no capital punishment.  The risk of mistake is too high and irreversible.  There can be no victimless crimes.

Tibor Machman, Chapman University

My own view on capital punishment is that it is morally justified, but that the government is so often inept  and corrupt that innocent people might die as a result. Thus, I personally oppose capital punishment. 

Edward Crane, The Cato Institute

If a "crime" has no victim, if no one's person or property is violated against his will, then it's ought not to be a crime. Drug laws today are among the most destructive, counter-productive and anti-freedom laws on the books.

Lawrence W. Reed, Foundation for Economic Education