“Around 79 percent of the nonviolent life sentences without parole are drug-related, according to the ACLU, and around 20 percent are for property crimes. The remaining 1 percent are for traffic and other infractions in Alabama and Florida”
This seems like as good an opportunity as any to talk about libertarian law. First of all, to the libertarian, there is no such thing as non-violent or “victimless” crime. There can be no “crime against the state” or “crime against society” since there would be no state and “society” is an abstract concept that cannot be a victim. Crime can only occur when there is a clear perpetrator and a clear victim.
This is the logic used to deduce that there can be no punishment for consuming or selling drugs for example.
Second, libertarian punishment is confined to the concept of “proportionality”. Proportionality is described by Murray Rothbard as:
“…the criminal, or invader, loses his own right to the extent that he has deprived another man of his. If a man deprives another man of some of his self-ownership or its extension in physical property, to that extent does he lose his own rights. From this principle immediately derives the proportionality theory of punishment-best summed up in the old adage: “let the punishment fit the crime.””
Walter Block famously expanded on this concept with his “Two Teeth for a Tooth” rule saying:
“In encapsulated form, it calls for two teeth for a tooth, plus costs of capture and a
premium for scaring. How does this work?
Suppose I steal a TV set from you. Surely, the first thing that should occur when I am captured is that I be forced to return to you my ill-gotten gains.
So, based on the first of two “teeth,” I must return this appliance to you.
But this is hardly enough. Merely returning the TV to you its rightful owner is certainly no punishment to me the criminal.
All I have been forced to do is not give up my
own TV to you, but to return yours to you.
Thus enters the second tooth: what I did (tried to do) to you should instead be done to me. I took your TV set;
therefore, as punishment, you should be able to get mine (or some monetary equivalent). This is the second tooth.2″
The claim is often made that a libertarian society would be less just for the poor and disadvantaged but take this list of crimes that caused human beings to be sent to prison for the rest of their lives and compare it to the logical corresponding punishment called for by the proportionality rule and tell me which is more just.
“Among the most obscure offenses – mostly from Louisiana and Mississippi – documented in the report as the impetus for life sentences:
- Possessing stolen wrenches
- Siphoning gasoline from a truck
- Shoplifting a computer from WalMart
- Shoplifting three belts from a department store
- Shoplifting digital cameras from WalMart
- Shoplifting two jerseys from an athletics store
- Breaking into a parked car and stealing a bag containing a woman’s lunch
- Stealing a 16-year-old car’s radio
- Drunkenly threatening a police officer while handcuffed in a patrol car”