Showing posts with label crime. Show all posts
Showing posts with label crime. Show all posts

Sunday, December 6, 2015

On the Death Penalty



Originally Written on March 17th, 2003
Edited on December 6th, 2015
Edits Shown in [Brackets]



      Since the time of Babylonian leader Hammurabi, fair and proper punishment has been a difficult and complicated issue. Hammurabi’s code says “an eye for an eye, and a tooth for a tooth.” This code, commonly misinterpreted as a call for revenge, is in fact a call for fairness. If a man steals a loaf of bread, he would not have his hands cut off. The punishment must fit the crime, so he would have something of equal value taken from him, or he would be made to pay a fine. The code also states that if a man takes another man’s life, then his life must be taken as punishment.
      In [the fictional 2003 film] The Life of David Gale, Kevin Spacey plays a Texan ex-college professor who opposes the death penalty. He works with the abolitionist organization called “Death Watch,” which tries to prevent death row inmates from being eliminated. He is accused of killing the leader of the organization[, Constance Hallaway (played by Laura Linney)], who is also his colleague. Beginning four days before his death by lethal injection, News Magazine’s Bitsey Bloom ([played by] Kate Winslet) conducts three interviews with him.


      This film seeks not to entertain (although it does), but to inform and to explore the issue and reveal the flaws in and wrongs of the process of what some call “legalized murder,” and also its possible benefits. Many valid arguments come up in the course of the film, and it is a must-see for anyone with any opinion at all [about] the death penalty.
      A simple and obvious question frequently asked when discussing this issue is “Is death a reasonable punishment for murder?” After all, the death penalty attempts to teach murderers that it is wrong to kill by killing them. Life imprisonment would make them learn the consequences of their actions, whereas death [would not, but] would offer them release from what could [arguably] be a harsher, more effective, and more proper punishment.
      On the other hand, [death may be a more merciful punishment than life in prison, because] a cancer patient or someone with serious organ failure may want to end their own life rather than having to live for months with endless pain. The death penalty complies with Hammurabi’s code, and it may be fitting to do to the guilty what they have done to the innocent and prevent them from killing again.
      Former Illinois Governor George H. Ryan commuted the death sentences of all eligible death row inmates to life imprisonment only days before he was succeeded by Rod Blagojevich. This did not abolish the death penalty in Illinois, although [some in the State Legislature are trying to abolish it]. Flaws in [the death penalty] process can cause innocent people to be killed as punishment for crimes they did not commit. This sentence cannot be taken back if it is discovered that the accused was innocent after he is put to death. If a term of natural life in prison is [given as a sentence], he [may] be removed from jail with no harm done. Ryan stated that all murder cases are very important matters and must be examined closely, and that there should not be simply a blanket decision on whether murderers can and should be killed for their crimes.
      Lawyers have the ability to remove and select jurors for cases, and if they are corrupt or prejudiced, they can purposely choose jurors who[m they believe are likely to] find the accused guilty or innocent based on their race[...]. Some say all murders committed must be treated as the same crime, be they committed by black or white [people], and [whether] the victims [be] male or female[, b]ut what if the murderer is mentally disabled or insane?
      The debate about the death penalty is complicated and [there are] many exceptions to the rules. Every state has the right to choose whether or not convicted violent criminals will live or be executed, but [it would be difficult to] disagree that each case must be examined until there is no doubt whatsoever as to the guilt of the accused.

Wednesday, December 2, 2015

Protecting Victims Through the Abolition of Law

Originally Written on August 21st, 2015
Expanded on December 3rd, 2015
 
Edited on December 3rd, 2015 and January 22nd, 2016



            Libertarianism is perhaps best known for its opposition to laws that criminalize victimless actions; for example, the use and sale of drugs, prostitution, pornography, file-sharing, offensive speech, and (arguably victimless) tax dodging, et cetera.
            But I would like to argue that consistent libertarianism additionally opposes laws that criminalize actions which do have victims. This is partially due to the fact that the victims can become accused criminals in the process, and also fall victim to lack of justice. It is also due to the libertarian’s position that laws (statutes and ordinances drafted by legislative bodies) should be replaced with private, mutual contracts.
 
Victims can become repeat victims of injustice, in that some laws against victimizing people come with statutes of limitations; laws that limit justiciable remedy based on how long the victim went without reporting the crime.
In such situations, even if the criminal attempts to turn himself in, lawyers will most likely advise him against turning himself in, and moreover, police might not even arrest him unless he is doing something unlawful at the moment of the police encounter.
The result of all this that – since it is the state’s responsibility to charge a perpetrator with a crime, and the victim may only charge the accused with civil rather than criminal charges – the victim becomes disempowered.
The effect is, or might as well be, as if the victim has been the property of the state all along. If the state doesn’t care about the damage that its property (that is, the victimized human being) suffered, then the state doesn’t have any responsibility to ensure that justice is delivered. Furthermore, the state will suffer no repercussions, because it can continue to compel the victim to remain its client (i.e., its citizen), and no other agency can effectively challenge the state’s failure to deliver justice.
This is true even when the reason why the victim waited so long to report the crime, is because the victim had been so viciously traumatized, that it took years or decades to notice that the crime had even occurred, and/or that it took that long for the victim to relocate to a sufficiently safe space where reporting the crime would be a safe enough option to consider.
 
My proposed solution to this set of problems is that all laws made through legislative avenues be immediately abolished, leaving law and precedent to arise only through private, mutually agreeable contracts. Such contracts should be enforced by neutral third party arbitrators having no substantial vested interest in the outcome of the resolution of the dispute, creating precedent (precedent which resembles, but is not, legislation) through court decisions, and through interlocking arbitration agreements (which are norms and customary standards which govern how courts and arbitrators interact).
Such a paradigm would render all infractions – even true corpus delicti crimes against persons and their legitimate property – torts (i.e., civil matters) rather than criminal matters. Such a paradigm – a system of private law – would retain for the victim (or his or her loved ones, if the victim is deceased) the right to charge the accused with civil violations, as well as the right to hold the accused person(s) responsible for any damages.
 

Sunday, April 20, 2014

On Legalizing Heroin

Written on May 16th, 2011



   Keeping heroin illegal (1) raises its price, causing an increase in violent crime – and of theft and other illegal means by which such money can be obtained (such as prostitution, mugging, bank robbery, etc.), (2) increases rates of blood-borne illnesses arising from infection due to needle-sharing, exacerbated by the occasional outlawing of needle purchases without prescriptions, and (3) makes it more difficult for heroin users to know the potency of their heroin, which can lead to overdoses.

   If states realize this, and begin to understand that legalizing heroin would lower prices, decrease violent crime, reduce infection rates, and allow government to sell and tax heroin as well as provide information to consumers about its potency, I say the federal government should let the states do it. The people will be safer, healthier, and they will have more money to spend on food and utilities.

   Cheaper drugs means less ostracism of drug use, and a better chance that drug users will be able to afford homes inside which they will be able to use drugs privately, rather than outdoors where they can endanger the health of (and be seen using by) others.

   Not only am I willing to defend Congressman Ron Paul's position that federal laws restricting the use, purchase, sale, and distribution should be struck down; I am also willing to recommend that state and local governments strike down similar laws.




http://www.aquarianagrarian.blogspot.com/2014/05/the-food-and-drug-administration.html

For more entries on justice, crime, and punishment, please visit:
http://www.aquarianagrarian.blogspot.com/2010/10/thrasymachus-support-for-justice-being.html

Sunday, January 5, 2014

The Second Amendment

Written in December 2010
Originally published 12-30-2010

OK, so you believe the Second Amendment had that point about militias because only well-regulated militias and not ordinary citizens should be allowed to have guns.
Well, you're wrong. The British Army was a militia, and the American Revolution was mainly fought by loosely-organized private citizens brandishing their hunting weapons, and not by militias. The United States Army was not established until mid-1775.
You still probably don't think that matters. So what are you going to do? Pass laws that take away people's guns?
How are you going to make a distinction between a gun that can be used for hunting, versus a gun that can be used for protecting yourself and your family against home invasions and carjackings, versus a gun that can be used to shoot the president?
Are you going to just take people's guns away after making it illegal to possess them, or are you going to compensate people for their guns at fair market value as you're required to by the Fifth Amendment?
Are you going to take away everybody's guns, or just those belonging to law-abiding citizens? How are you going to keep illegal weapons out of the hands of criminals?
Criminals are going to find ways to get guns. There's no getting around that. "When guns are criminalized, only criminals will have guns." So why not let private, law-abiding citizens possess whatever weapons are more powerful than the weapons they have reasonable suspicion that potential home invaders may use?
What does it matter how often people get killed for just sitting in a restaurant or walking down the street? It does happen! What are you going to do if you walk down the street unarmed dressed in a business suit with only some small change on you, and someone comes up and points a gun in your face? I'll tell you what you're going to do: you're going to get shot, you're going to die. I asked someone the same question, and they said, “What do you want me to say, die?” I said, “Well, I hope you have a better answer.” They didn’t.
Democrats want gun control. You know who else wanted gun control? Hitler. Stalin. Pol Pot. Saying everybody should get rid of their guns is like saying every country should get rid of its nuclear weapons: it's a great idea, but I wouldn't want myself or my country to disarm first.
Some of the potential victims of the Virginia Tech massacre came out of the tragedy wanting to strengthen gun control laws. Others came out of it wanting to loosen gun control laws. Virginia Tech didn't allow weapons on campus. The shooter knew nobody could fight back. Schools. Malls. Lynyrd Skynyrd concerts. Airplanes. People find ways to get into these places without being searched. In some of these places, it's easier than in others.
You can't just arm yourself with knowledge. It takes something with moving parts these days. Go to a gun shop. Wait out the crazy period. Get a permit. Join the NRA. Take lessons. Teach your family members about gun safety. Keep your guns hidden and locked up where nobody, not your dumb-ass kids, not the police, can find them. Find out what your state's gun control laws are like (Alaska, Arizona, and, for some odd reason, Vermont, are the most gun-libertarian). Lobby your state government and the federal government for change.



For more entries on military, national defense, and foreign policy, please visit:
http://www.aquarianagrarian.blogspot.com/2010/10/american-sovereignty-restoration-act-of.html

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