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Are us-americans criminals?

Terrywoodenpic

Oldest Heretic
Many people are locked up for victimless crimes such as those relating to cannabis and prostitution. There's obviously nothing at all libertarian about that. The proper definition of "libertarianism" has already been explained to you before, so if you don't want to look like a fool I suggest you stop misusing it.

You understand perfectly my meaning, and I understand yours. You do not seem to understand that extreme freedom is anarchy. Its restricted American political usage is just that...restricted.
 

Terrywoodenpic

Oldest Heretic
You might have a point if American culture was homogenous. Crime in the U.S. has a lot to do with socioeconomic issues within certain demographics (such as the cultural aspect of gangs involved in the drug trade within inner city ghettos), excessive sentencing for petty crimes, and repeat offenders due to failed rehabilitation.

Crime everywhere has a socioeconomic base.
The justice and penal system is not fit for purpose, because it does not address the populations problems.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Are the sentences on average longer than in the rest of the western world?
Are people put in prison for smaller crimes than in the rest of the western world?
Yes, and yes.

For instance: Three strikes law - Wikipedia, the free encyclopedia

A high incarceration rate is the absolute OPPOSITE of libertarian ethics. Libertarians really don't care what consenting adults do, as long as doing it doesn't infringe on the rights of others, and as long as they don't insist that others subsidize their activities.

Most of the crimes in the US which people are incarcerated for involve illegal drugs.

Incarceration in the United States - Wikipedia, the free encyclopedia
No, I think he has a point. I think quite a bit of the reason for the high incarceration rates in the US comes from (AFAICT) much less efforts to rehabilitate than other places. Libertarianism comes into it through a mindset something like "you made your bed, so you lie in it. Your situation is of your own making, so I don't need to help you out of it."

Maybe it's a perversion of libertarianism, but I think it's quite in line with what's often sold as libertarianism in the US.

Edit: people portray taxes and "big government" as inherent infringements of freedom, so this restricts the government from doing helpful things like the social programs that help get people out of circumstances where they're likely to offend in the first place, both by attacking the revenue the government might have to do it, and by disputing whether these sorts of activities should even be part of the government's mandate.
 
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Revoltingest

Pragmatic Libertarian
Premium Member
Exactly ... take that to the extreme and many consenting adults go over the bounds of criminality. They do not see that laws apply to them. this is what I mean by Libertarianism taken to the extreme... it is anarchy.
That's a rather specious argument. Libertarianism is about minarchy....absolutely not the elimination of government & law.
A wag might argue that Pubs, Greens & Dems are all about totalitarianism were their love of regulation taken to the extreme.

Libertarianism comes into it through a mindset something like "you made your bed, so you lie in it. Your situation is of your own making, so I don't need to help you out of it."
Maybe it's a perversion of libertarianism, but I think it's quite in line with what's often sold as libertarianism in the US.
Source? Your perception of libertarianism sure differs from mine.

How best to punish &/or rehabilitate criminals is more a matter of developing an approach which works best to minimize crime & recidivism,
while having the perp become a good citizen. This seems rather independent of political philosophy. Libertarians would simply see fewer people
in prison because there would be fewer laws to be found in violation of. We should also note that the US justice & punishment system is entirely
the creation of Pubs & Dems. We ain't the ones behind this travesty. If you voted for either of the 2 parties, look to yourself for culpability.
 
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9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
That's a rather specious argument. Libertarianism is about minarchy....absolutely not the elimination of government & law.
Does "minarchy" include proper mental illness treatment in prison? Government-funded social programs designed to divert at-risk youth from crime? Treatment for drug abuse?

If the answer to all those questions isn't "yes", then I'd say that libertarianism certainly doesn't help matters when it comes to the insane number of people incarcerated in the US.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Source? Your perception of libertarianism sure differs from mine.
How best to punish &/or rehabilitate criminals is more a matter of developing an approach which works best, which seems independent
of political philosophy.
... except when one's political philosophy denies the government the funds or authority to actually implement what's best.

Libertarians would simply see fewer people in prison because there would be fewer laws to be found in violation of.
We should also note that the US justice & punishment system is entirely the creation of Pubs & Dems. We ain't the ones behind this travesty.
Libertarianism doesn't operate in a vacuum. When you apply parts of the libertarian position (e.g. lower taxes, small government) without the others (e.g. getting the government out of the business of punishing people for minor drug posession), the results can be horrific.

I'm not looking at things in the context of some libertarian utopia; I'm looking at things as they are now, and asking myself whether sprinkling in more "libertarianism" helps or hurts. I think that right now, in general, it hurts... especially in this wacky American environment that's a patchwork of libertarianism on some issues but authoritarianism on others.

Even if you disagree with locking up people for minor offenses (and I do too), given that this is occurring, we need more government to respond to the issues this creates, not less.
 

Revoltingest

Pragmatic Libertarian
Premium Member
Does "minarchy" include proper mental illness treatment in prison? Government-funded social programs designed to divert at-risk youth from crime? Treatment for drug abuse?
It might or might not. The philosophy that government's size should be no more than necessary to accomplish preservation of civil liberties does not say
there should be this or that specific program for prisoners or youth. I ain't gonna let you paint us with a broad brush dipped in a can of imagined extremism.
 

horizon_mj1

Well-Known Member
The statistics you provided are good, but on thing you must not forget when observing this subject is Legislation. Legislation varies significantly from country to country, thus creating phenomenal differences in prison populations from country to country (even from area to area; or city to city in any given country or geographical location). One piece of information I always found intriguing is; DOJ/OIG Combined DNA Index System Audit Grants You can see the variation of crimes from area to area, but fundamental key is Legislation from Nation to Nation;)
 

Revoltingest

Pragmatic Libertarian
Premium Member
... except when one's political philosophy denies the government the funds or authority to actually implement what's best.
Who says gov't would have no funds or authority?
Perhaps you mistake us for those who want total anarchy.

Libertarianism doesn't operate in a vacuum. When you apply parts of the libertarian position (e.g. lower taxes, small government) without the others (e.g. getting the government out of the business of punishing people for minor drug posession), the results can be horrific.
Who is advocating that?

I'm not looking at things in the context of some libertarian utopia; I'm looking at things as they are now, and asking myself whether sprinkling in more "libertarianism" helps or hurts.
So do I.

I think that right now, in general, it hurts... especially in this wacky American environment that's a patchwork of libertarianism on some issues but authoritarianism on others.
It sounds like you're arguing against more social & economic liberty because we have a wacky system.
The existence of problems & imperfect solutions shouldn't preclude progressing in a positive direction.
America has tried making more & more things illegal, & ramping up punishment. That doesn't appear to be working.
This is beyond Dem-vs-Pub-vs-Libertarian. We need to consider non-prison solutions for many criminals, eg, restitution, house arrest with limits on travel, training.
And when prison is used, it should be safer & prepare the convict for re-entry to society....instead of training them to be hardened criminals

Even if you disagree with locking up people for minor offenses (and I do too), given that this is occurring, we need more government to respond to the issues this creates, not less.
I disagree. We have too much government regulation which creates criminals where there should be none, eg, drug laws, campaign restraint laws, victimless crimes.
And who is to pay for this "more government" you want? What will that tax burden do to an economy where joblessness is already exacerbating crime?
 
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gnomon

Well-Known Member
It's the drug war.

The largest spike in prison, jail and probation in this country is due to non-violent drug offenders serving inane sentences.

There is also the federal criminal code. The code is large enough and convoluted enough that leads many lawyers to note that every one of us is in violation of the federal criminal code at some point in our lives. Most of us pretty much every day.

And here come's Caylee's Law. More stupidity on the idiot bonfire called criminal justice in the United States. Stupid laws named after dead kids.

Add on the private prison industry and you get a system in which the need for prisoners perpetuates a bad criminal justice system in this nation.
 

Revoltingest

Pragmatic Libertarian
Premium Member
There is also the federal criminal code. The code is large enough and convoluted enough that leads many lawyers to note that every one of us is in violation of the federal criminal code at some point in our lives. Most of us pretty much every day.
Kudos for this point. As a landlord & licensed real estate broker, I found that the web of regulation made it impossible to comply with all the
laws & regs, some of which were contradictory. I'd just try to do what's right & hope I'd escape notice in problem areas.
Examples: Local zoning laws about family relationships conflicted with local, state & federal fair housing laws. There's a tricky tightrope to walk.
Sometimes no matter what I did, it was illegal according to some governing authority.
 
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FlyingTeaPot

Irrational Rationalist. Educated Fool.
I just stumbled on to the following wiki-page: Prison - Wikipedia, the free encyclopedia

I just find it strange that there are so many people in prison in the usa compared to the rest of the western world.
Why is there such a big difference?

Two reasons
1) Private prisons. Hence profit motive.
2) I guess this reason follows from the first one: they lock up people who smoke marijuana for a long long time.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Who says gov't would have no funds or authority?
Perhaps you mistake us for those who want total anarchy.
I didn't say that it would have no funds or authority whatsoever. My point was that reducing the size of government and its treasury means that there will be less (if any) money for discretionary items: America won't fall into the sea if you don't rehabilitate prisoners, but it will make things worse overall, especially for the people directly affected.

Who is advocating that?
The Libertarian Party, for one:

The only proper role of government in the economic realm is to protect property rights, adjudicate disputes, and provide a legal framework in which voluntary trade is protected. All efforts by government to redistribute wealth, or to control or manage trade, are improper in a free society.

[...]

All persons are entitled to keep the fruits of their labor. We call for the repeal of the income tax, the abolishment of the Internal Revenue Service and all federal programs and services not required under the U.S. Constitution.

[...]

The protection of individual rights is the only proper purpose of government.
Platform | Libertarian Party

When libertarians push for progress on their platform as a whole, but get resistance on issues like sentencing and drug laws, then the result will be as I described.

It sounds like you're arguing against more social & economic liberty because we have a wacky system.
The existence of problems & imperfect solutions shouldn't preclude progressing in a positive direction.
I'm arguing in favour of positive change to the penal system, which includes arguing in favour of the resources to effect this change.

I disagree. We have too much government regulation which creates criminals where there should be none, eg, drug laws, campaign restraint laws, victimless crimes.
And who is to pay for this "more government" you want? What will that tax burden do to an economy where joblessness is already exacerbating crime?
Well, if it results in fewer people in costly incarceration, it'll pay for itself. Most of the programs geared toward rehabilitating prisoners or preventing people from becoming criminals in the first place end up being much less expensive than actually incarcerating people.
 

lunakilo

Well-Known Member
Trying to blame your olde nemeses of capitalism & free markets, eh? Artfully dodging culpability
of government which has such power & size, plus the desire to use both against the populace again?
I may just be a brainwashed by my (by american standards) socialistic government, but private prison companies?!
Isn't that asking for trouble?

We have a horribly failed war on drugs,...!
When did one of your 'Wars on X' last not fail? :D
 
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9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Kudos for this point. As a landlord & licensed real estate broker, I found that the web of regulation made it impossible to comply with all the
laws & regs, some of which were contradictory. I'd just try to do what's right & hope I'd escape notice in problem areas.
Examples: Local zoning laws about family relationships conflicted with local, state & federal fair housing laws. There's a tricky tightrope to walk.
Sometimes no matter what I did, it was illegal according to some governing authority.
Actually, I think this is another result of a "limited government" approach to governance.

From talking to businesspeople in the US, it sounds like navigating all the regulations can be really difficult... much moreso than in Canada, IMO. I think this is partly a result of the "limited government" approach you have.

In Canada, we have fairly strong federal and provincial governments, so they have the power to mandate to counties/regions and cities/towns that they have to do things properly, orderly and rationally. Here, if your town's rules are stupid and interfere with what should be a straightforward development application, for instance, you can appeal it to the OMB, who can strike down requirements if they rule it to be unjustified. Municipalities are also heavily limited by law about what they can and can't do.

In the US, from what I gather, there's much less recourse if you're dealing with a difficult lower level of government, because the higher level of government often doesn't have the authority (because of "limited government") to force the municipality. Also, because of the attitude that laws and restrictions should only be brought in "when necessary", the legal environment tends to be much more of an ad-hoc patchwork than a well-thought-out system.
 

Revoltingest

Pragmatic Libertarian
Premium Member
I didn't say that it would have no funds or authority whatsoever. My point was that reducing the size of government and its treasury means that there will be less (if any) money for discretionary items: America won't fall into the sea if you don't rehabilitate prisoners, but it will make things worse overall, especially for the people directly affected.
Some discretionary items aren't serving us well, eg, the wars, bank bail-outs, stimulus money.

The Libertarian Party, for one:
Platform | Libertarian Party
When libertarians push for progress on their platform as a whole, but get resistance on issues like sentencing and drug laws, then the result will be as I described.
This is a worst case outcome which you imagine to be likely. If one looked at any political philosophy (left, right, centrist), & imagined that it would hold sway
in selected areas, but not in others, one could concoct a dysfunctional scenario. (I forgive you this, since you're Canadian.) This does not defeat our desire to
maximize social & economic liberty.

You should note that as with all political parties, were Libertarians ever to gain any power, we would only be an influence on the direction of government.
There's no need to fear us...unless you're a died in the wool statist. (Aren't all Canadians statists?)

I'm arguing in favour of positive change to the penal system, which includes arguing in favour of the resources to effect this change.
You should also consider de-criminalizing victimless activities. That has the potential of costing no resources.

Well, if it results in fewer people in costly incarceration, it'll pay for itself. Most of the programs geared toward rehabilitating prisoners or preventing people from becoming criminals in the first place end up being much less expensive than actually incarcerating people.
Woo hoo! Detente!
 

Acim

Revelation all the time
I'll be covering points others have already brought up. Some new stuff. I see it as combination of:

1 - America is "rest of the world." On purpose. An experiment of sorts, with a creed along lines of:

Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!


2 - Coupled with history of overcoming tyranny, as if that is fundamental to 'getting things done'

3 - Plus living, even to this day, with history of slavery whereby hypocrisy of 'all men are created equal' was exposed, and then utterly ignored, downplayed for oh 150 years (and counting)

4 - Plus war on drugs, that actually perpetuates the problem, increasing demand

5 - Plus mini, unspoken 'wars,' on anything considered sinful or problem needing to be attacked

6 - Added to by 100,000 Nancy Grace types who's utter mission in life is to see the guilty people get harassed if not going away for, well, forever

7 - Topped off with reality that opening a prison is actually pretty good business. Like urban housing where the more tenants the better, and the longer they stay there, oh boy, profit is to be made. Yippeeeeeee!!!!
 

Revoltingest

Pragmatic Libertarian
Premium Member
I may just be a brainwashed by my (by american standards) socialistic government, but private prison companies?!
Isn't that asking for trouble?
Oh, yeah....as though government run prisons are bastions of rehabilitation & redemption.
Seriously, I'd trust a privately run prison which is required to meet standards & subject to government
audit more than a government run prison which is self-regulated. (Less likelihood of mischief & mahyem.)

When did one of your 'Wars on X' last not fail? :D
About 1945 or so.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Some discretionary items aren't serving us well, eg, the wars, bank bail-outs, stimulus money.
Sure... but is, say, treatment for mentally ill or drug-addicted prisoners a discretionary item? Like I alluded to before, even though it has the potential to positively affect lots of real people, it's not like the country will fall into the sea if it's not provided. It also doesn't seem to me (in the American context, anyhow) that the government would have a constitutional requirement to provide it.

This is a worst case outcome which you imagine to be likely. If one looked at any political philosophy (left, right, centrist), & imagined that it would hold sway in selected areas, but not in others, one could concoct a dysfunctional scenario.
I suppose, but the difference I see is that it's actually happening. For instance, what's the Tea Party but a mash-up of ideas from Libertarianism and the Religious Right?

This does not defeat our desire to maximize social & economic liberty.

You should note that as with all political parties, were Libertarians ever to gain any power, we would only be an influence on the direction of government. There's no need to fear us...unless you're a died in the wool statist.
Depending on your definition of "statist", I may very well be.

I'm a big fan of liberty, but I also recognize that other individuals and non-governmental groups can often be bigger threats to our liberty than the government itself. I also see value in terms of liberty in the government doing things that are normally opposed by Libertarians: significant environmental regulation, for instance. I think that one of the proper functions of government is to create an environment where factors that without intervention would be externalities (environmental pollution, for instance) are reflected in direct costs to the decision-makers.

So... is it "Libertarian" or "statist" to want a government-run cap-and-trade system for GHG credits? I think that if it was properly implemented, it could create a net benefit in terms of liberty, but I also recognize that it'd need significant government intervention and oversight to make happen.

You should also consider de-criminalizing victimless activities. That has the potential of costing no resources.
Sure. Who says I don't consider that?
 

Revoltingest

Pragmatic Libertarian
Premium Member
Actually, I think this is another result of a "limited government" approach to governance.
Of course you would.

From talking to businesspeople in the US, it sounds like navigating all the regulations can be really difficult... much moreso than in Canada, IMO. I think this is partly a result of the "limited government" approach you have.
Actually, America doesn't do the "limited government" thing compared to Canada.
You Canucks outrank us in economic liberty, as determined each year by The Heritage Foundation & The Wall St Journal.
The US isn't as friendly to free markets & capitalism as many believe.
Even Hong Kong (within a commie country) beats us.
Index of Economic Freedom: Promoting Economic Opportunity and Prosperity | The Heritage Foundation

In Canada, we have fairly strong federal and provincial governments, so they have the power to mandate to counties/regions and cities/towns that they have to do things properly, orderly and rationally. Here, if your town's rules are stupid and interfere with what should be a straightforward development application, for instance, you can appeal it to the OMB, who can strike down requirements if they rule it to be unjustified. Municipalities are also heavily limited by law about what they can and can't do.

In the US, from what I gather, there's much less recourse if you're dealing with a difficult lower level of government, because the higher level of government often doesn't have the authority (because of "limited government") to force the municipality. Also, because of the attitude that laws and restrictions should only be brought in "when necessary", the legal environment tends to be much more of an ad-hoc patchwork than a well-thought-out system.
Good observation. But it shows how unlimited governmental power at local levels can be when the Constitution takes a back seat to political fervor.
Rather than being solely a political problem, it has a lot of incompetence & corruption as causes. We just aren't qualified to have a democracy, eh?
 
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