I’ve been studying Criminal Law for my exam next week and have been considering whether public law is outdated, inefficient, and straight-up…worthless. My professor is an intensely libertarian (probably more fairly an “anarchist”) who loves to chat about Crim theory but makes no secret of the fact that he believes Crim law is a total fool’s errand compared to the vastly-superior Private Law, private security, etc.
The sense in which I disagree with him is when it comes to the vast amount of insolvent criminal perpetrators. Sure, I love the idea of keeping everything civil, but if no one ever collects, no one will spent the money to bring suits, and ultimately nothing will deter those insolvent, often-less-than-sane criminal actors from further bad acts.
I’ve spoken before about how there’s an interesting argument through a Maslow’s Hierarchy lens at criminal punishment. For a victim to bring a suit, she subjects herself to public discussion of something hard to discuss, potential humiliation, and having to bear having her attacker confronting her, his accuser. There has to be a retributive element, or it would be very difficult to convince all of these victims to come out against attackers who, statistically, are unlikely to be punished.
Here are the articles:
WASHINGTON, DC (WUSA) — In response to a spike of fifteen murders in the past two weeks, Mayor Adrian Fenty and Police Chief Cathy Lanier announced a new police offensive. For the fourth time this year, it’s going to be “All Hands on Deck” for DC Police.
On Friday and Saturday, all patrol officers in the city will be assigned to street patrol duty in all seven of the city’s police districts.
The month of October began on a relatively quiet note. But the last two weeks has turned the month into one of the deadliest of the year.
How many anarchists would argue that keeping “all hands on deck” is nothing more than a dare?