<< Back to Issues

Crime & Justice

Justice is not about punishing the criminal, it's about making the victim whole.  Our current criminal "justice" system fails because it has two major flaws.  First, it punishes people for committing victimless crimes.  Second, it doesn't require that criminals right their wrongs.

We have many needless laws on the books that prosecute non-violent behavior; such as mandatory seatbelt and helmet laws, and prohibitions on recreational drug use and prostitution.  These sorts of acts don't involve harming anyone other than the person choosing these acts.  As there is no victim, there should be no crime.  Unfortunately, we spend gobs of money every year putting non-violent offenders into prisons causing over-crowding, allowing violent rapists and murderers to be set free prematurely.  Our prison system is a revolving door, where the non-violent enter, and the violent are set free.

As a society, we try to teach our children that crime doesn't pay.  About 90% of crimes (with victims) include a burglary.  Often times, these criminals are released early on reduced sentences, never having to pay restitution to the victim.  The victim has actually been robbed twice -- Once by the criminal, and again through taxes to bring the criminal to justice; but rarely is justice served.  Crime remains high because, without the need to pay back what was taken, criminals soon learn that crime does indeed pay.

We need a system that doesn't criminalize non-violent, victimless behavior.  And we need a system where real criminals must pay all of the costs associated with their capture and restitution so as not to further rob victims via taxes.  Such a system might look like this:

A convicted burglar has caused damage to his victim by breaking in to their house and stealing items.  This damage totals $1,000.  The cost of the police forces to arrest and detain him are $600.  The court costs and judge's fees are $400.  The burglar's total repayment costs are $2,000.  He will be required to pay these amounts, or spend time in a "work prison" performing a job to cover these costs.  While in prison, a portion of his wages will go to cover the costs of his stay and food.  Prison sentences would be based on how long it took to cover all of these costs, including full restitution to the victim; instead of an arbitrary amount of time.  With all of the financial burden placed on the criminal and none of it on the taxpayers, this would create a system where crime is extremely expensive and unprofitable.  We could then honestly tell our children that crime doesn't pay.

In Congress, I would work to decriminalize on the federal level all victimless activities.  Constitutionally, the federal government cannot implement a criminal justice system such as the one outlined above; this is up to the states.  So I would challenge state legislators to take the reigns to implement this system that severely curtails crime (because it would be unprofitable) and doesn't use a penny of taxpayer money to do it (these costs are covered by criminals).