What do you think of 100% Restitution rather than retribution?

Anarchist420

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Feb 13, 2010
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A long time ago, I temporarily believed in an eye for an eye (mainly because John Locke and Thomas Jefferson [see Notes on Virginia] did), but then I realized that retribution doesn't bring things back to the way they were before the crime was committed. It may also not be possible to always take an eye in retribution for the first eye taken. Finally, the doctrine of "an eye for an eye" sucks (as well as caging people) because an arbitrary party (the state) gets stronger when it never suffered.

Just like the state isn't necessary, prisons aren't necessary and they're rather harmful. Instead, murderers should become slaves to the person/people directly affected by the violent actions.

If we were to enter a free society tomorrow, then Obama would likely become a slave for aw-Awlaki's family and friends for several days of the week, then on other days he'd likely spend time in Afghanistan and Iraq doing non-aggressive service for the people who lost loved ones there, and he'd probably give all of everything he got (his salary, his travel costs, his lavish vacations on our dime, part of the cost of running the White House, the cost of his utilities, food, etc.,) from the tax payer all back to the tax payer.

That's more just and more productive than executing him. He's been an awful person, but he can be made into a better person if he provides restitution to the people he harmed.

Similar things would happen for Bush (he would likely pay for all of the costs of freeing the Guantanamo Bay detainees and also probably pay them a lot of money for what they went through). He would probably spend many days helping out pretty much every Iraqi citizen. Non violent criminals would be uncaged, and criminals who committed violence would probably be slaves to the people they stole from. So basically, a murderer is owned by the people he directly caused a loss. If if he is to be killed, then it would probably have to be in self defense or only under conditions agreed upon by his owners. If someone tricked someone into buying a car that died when it went 90mph, then the person who committed trickery would have to pay the person back for the car.

We need to advance past having wasteful prisons and try to make things as close as possible to the way they were before the crime was committed. No one has a right to security at other peoples' expense. Individuals are responsible for their own security. If someone murders someone, then they shouldn't become property of the state. Rather, they should become property of the people directly affected. Public law and Common Law is bullshit.
 
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Fern

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Sep 30, 2003
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IMO, stupid argument.

I've seen this restitution thing applied before and it's stupid.

E.g., we had a case here where a caregiver for an elderly woman stole all her money. It's easy to do with the elderly who have alzheimer's, just persuade them to sign a Power of Attorney.

But if upon being caught the only punishment is restitution (i.e., paying back the money they stole) there is absolutely no deterrent to stealing. If you're caught, you give it back. If you're not, you keep it. It's a 'bet' you can't lose, at worst you break even.

Hence, limiting punishment to restitution is actually motivation to commit crime, particularly crimes of profit.

Fern
 

Anarchist420

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IMO, stupid argument.

I've seen this restitution thing applied before and it's stupid.

E.g., we had a case here where a caregiver for an elderly woman stole all her money. It's easy to do with the elderly who have alzheimer's, just persuade them to sign a Power of Attorney.

But if upon being caught the only punishment is restitution (i.e., paying back the money they stole) there is absolutely no deterrent to stealing. If you're caught, you give it back. If you're not, you keep it. It's a 'bet' you can't lose, at worst you break even.

Hence, limiting punishment to restitution is actually motivation to commit crime, particularly crimes of profit.

Fern
What about paying interest rather than going to jail?
 

Fern

Elite Member
Sep 30, 2003
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What about paying interest rather than going to jail?

Interest is insufficient IMO.

And I don't care for long jail/prison terms either, at least not for the nonviolent. I see little point in making someone a burden to society who could otherwise be productive. However, I confess that I don't know the answer in how to best deal with this.

Fern
 

Doppel

Lifer
Feb 5, 2011
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Where the f does op come up with this? I can have a murderer as a slave? What prevents him from killing me? I actually think op must be trolling, he is capable of writing and thus cannot possibly be like this for real.
 

Capt Caveman

Lifer
Jan 30, 2005
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Where the f does op come up with this? I can have a murderer as a slave? What prevents him from killing me? I actually think op must be trolling, he is capable of writing and thus cannot possibly be like this for real.

He doesn't have the brain capacity to think his moronic ideas completely thru. So, if an elderly man is murdered, the murderer should be the slave of the man's wife. How do you ensure that this murderer is his woman's slave? Hire guards to oversee the murderer? Then where do you house the murderer? Oh wait, a prison!

He's either a retard, troll or retarded troll.
 

Doppel

Lifer
Feb 5, 2011
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OP, are you going to explain how these murders who have become slaves will be kept from further criminal enterprise while enslaved?
 

Anarchist420

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OP, are you going to explain how these murders who have become slaves will be kept from further criminal enterprise while enslaved?
The slave being forced to give free labor allows for protection at no cost to the owner. Or, the direct victims could pay to have them caged since they own them (even though that would be counter productive).

My point being that I'm not for this due to utility, but rather because more people need to realize that they don't have a right to anything at someone else's expense.

I didn't really think this through much before I posted it, but the idea of all restitution and no retribution would work.

Prisons were an invention of the state and they serve no useful purpose other than to increase the power of the state and in some cases, to enrich private interests.

Prisons are the health of the state and the cancer of society.
 

IronWing

No Lifer
Jul 20, 2001
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The problem with the restitution idea and the similar restorative justice movement is that it requires further intrusion into the life of a victim by the perpetrator. I really have no interest in taking part in the rehabilitation of the guy who burgles my house. I didn't want to meet him in the first place and certainly don't want to develop a long term relationship with him.
 

Thump553

Lifer
Jun 2, 2000
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I demand resitution from the OP for my time wasted reading this thread. If not paid within 24 hours I will go back and bill for all of my time wasted in his silly threads.
 

Doppel

Lifer
Feb 5, 2011
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The problem with the restitution idea and the similar restorative justice movement is that it requires further intrusion into the life of a victim by the perpetrator. I really have no interest in taking part in the rehabilitation of the guy who burgles my house. I didn't want to meet him in the first place and certainly don't want to develop a long term relationship with him.
Good point also. I don't think a guy who's wife has been raped and murdered wants to have the perpetrator serving him supper.
 

jstern01

Senior member
Mar 25, 2010
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Love how the op spins it into the president is guilty of the crimes committed at the behest of the country. Then goes on to state that Obama is an awful person (which is subjective at best) and executing him is not a good of use as slavery (you do know the connotations of that comment right, OP?).

Let's just have the moderator lock the thread now.
 

Capt Caveman

Lifer
Jan 30, 2005
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651
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Good point also. I don't think a guy who's wife has been raped and murdered wants to have the perpetrator serving him supper.

How about a rapist or child molester? I'm sure the victims would be happy to have their perpetrator around them and feel safe with no psychological effects.

When is the OP moving to Lichtenstein?
 

woolfe9999

Diamond Member
Mar 28, 2005
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I thought of it on my own. However, they put it better than I ever could.

You obviously read Mises all the time. You've linked from the site several times in the past. And there they have an article on exactly this topic, more or less the same rhetorical framing of the issue, and the same viewpoint. You're best off not assuming others are as stupid as you.

And I will note that I have run searches on the concepts in many of your OP's and there is frequently one or more articles on Mises with similar to identical viewpoints. Not a cut and paste. You use your own words. Your problem is not plagiarism. It's that you are unable to think independently for yourself.
 
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cybrsage

Lifer
Nov 17, 2011
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There is some good in what he says. Often, the victem is never recompensed for their losses even though the criminal is punished. The criminal should both be punished AND have to pay back triple what was lost.

As an interesting aside, the Eye for an Eye in the Torah is not a set punishment, but instead a MAXIMUM punishment which can be given. Many societies thoughout history have given horribly worse punishments than what the crime deserved (kill a deer in medieval England, be executed by the King's men is an example). This rule civilized the society..
 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
There is some good in what he says. Often, the victem is never recompensed for their losses even though the criminal is punished. The criminal should both be punished AND have to pay back triple what was lost.

As an interesting aside, the Eye for an Eye in the Torah is not a set punishment, but instead a MAXIMUM punishment which can be given. Many societies thoughout history have given horribly worse punishments than what the crime deserved (kill a deer in medieval England, be executed by the King's men is an example). This rule civilized the society..

That's what civil lawsuits are for. But it may be difficult to get monetary compensation when the criminal has no money.