Category Archives: Crime and Punishment

Review: The Production of Security – Part 1

The seminal work of free-market anarchism is commonly held to be Gustave di Molinari’s The Production of Security. This document was one of the many great analyses of free-market economics to come out of France during the first half of the 19th century, and questioned the truth of the fundamental belief that

… to secure [their rights], Governments are instituted among Men, deriving their just Powers from the consent of the governed (1)

The essay is broken into the following segments:

I – The Natural Order of Society
II – Competition in Security
III – Security an Exception?
IV – The Alternatives
V – Monopoly and Communism
VI – The Monopolization and Collectivization of the Security Industry
VII – Government and Society
VIII – The Divine Right of Kings and Majorities
IX – The Regime of Terror
X The Free Market for Security

This is a fairly long essay, written in a different era, in a different language. Thus even the best translations can require a great deal of effort to read. However, I think it is a useful essay to walk through. Since it is so long and so radical, I thought I would break the document into little chunks and provide commentaries on one chunk at a time. This post will be a commentary on the first two sections, “The Natural Order of Society” and “Competition in Security” » Read more

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Three Police Officers Indicted In Kathryn Johnston Case

Three Atlanta police officers have been indicted in connection with the no-knock drug raid in November that resulted in the death of a an 88 year-old woman:

ATLANTA April 26 — A Fulton County grand jury has indicted three current and former police officers who were involved in botched drug raid that led to the death of an elderly Atlanta woman in November.

Officer Jason R. Smith, who is on administrative leave from the Atlanta Police Department and Gregg Junnier, who retired from the force in January, face the most serious charges.

Mr. Smith is charged with four counts of murder, two counts of making false statements, two counts of burglary, violation of oath by a public officer, criminal solicitation, aggravated assault with a deadly weapon and false imprisonment under color of legal process and perjury.

Mr. Junnier is charged with three counts of murder, two counts of burglary, aggravated assault with a deadly weapon, violation of oath by a public officer, criminal solicitation and making false statements.

Officer Arthur Tesler, who is also on administrative leave, is charged with violation of oath by a public officer, making false statements and false imprisonment under color of legal process.

William McKenney, a lawyer defending Mr. Tesler, said today that his client will not plead guilty to any charges and planned to take his case to trial.

Mr. Smith and Mr. Junnier are expected to enter guilty pleas this afternoon in exchange for their cooperation in a continuing federal and state investigation.

Although the tentative agreements must still be accepted by a judge, the prosecutors will drop state murder charges against Mr. Smith, though he will still serve more than 12 years in prison for his role in the raid. Mr. Junnier faces at least 10 years behind bars.

While it won’t bring Mrs. Johnston back, it is nonetheless good to see that the men responsible for her death will face at least some small degree of justice.

A Gun Owner Defends Himself

On the streets of Cleveland Ohio, a gun owner stops a crime:

Damon Wells is the man gun supporters imagined when they fought for the right to carry concealed weapons.

He had a permit to carry his gun, and he had the gun on him when a pair of teenage thieves approached him Saturday night on his front porch.

When one of the youths pulled a gun, Wells whipped out his and shot one of the boys multiple times in the chest, police said.

Arthur Buford, 15, died after stumbling away and collapsing on a sidewalk near East 134th Street and Kinsman Road.

City prosecutors decided Monday that Wells, 25, was justified and would not be charged for what appears to be the first time a concealed-carry permit holder has shot and killed an attacker.

Is it tragic that a 15 year old died ? Yes, it is, but what might have happened if Wells hadn’t had a gun ? At the very least he would have been robbed and perhaps beaten, at worst he would have been shot and killed himself. In that split second when Buford and his accomplice pulled the gun on him, Wells had no way of knowing and he reacted the way anyone should’ve reacted in that situation…….he defended himself.

Of course, that hasn’t stopped a debate from being ignited:

Gun supporters said the weapon saved Wells’ life. Opponents said it took Buford’s – that the 15-year-old might be alive if a citizen had not been armed.

(…)
His cousin, Tameka Foster, 21, questioned why police refused to punish Buford’s shooter. “They let that man run out freely,” Foster said. “My cousin is dead.”

(…)

Toby Hoover, of the Ohio Coalition Against Gun Violence, said she had not heard of any other fatal shooting involving a concealed-carry permit holder.

“This is one of the few where they actually used it to stop a crime,” Hoover said.

But, she said, “there’s still a dead kid here.”

I’m sorry, but if he hadn’t been out on the streets of Cleveland robbing people at gunpoint, then he’d still be alive today. Mr. Wells is not getting charged because he didn’t do anything wrong.

British Police Breaking Social Contract

I thought this was simple. You pay taxes, and in return, the government will do what it can to protect you and to investigate crimes. You’d think that in Britain, where taxes are incredibly high, this would mean that the police will respond to your every beck and call, right?

Well, not so. Now they want you to pay extra for them to investigate crimes:

Motorists whose cars are stolen are being told they must pay the police at least £105 if they want them to recover their vehicle when it is found and check it for forensic clues.

The scheme — being implemented by forces across the country — has been attacked by angry motorists.

Only car owners who agree to pay the fee, which in theory is to cover storage, are assured their cars will be “forensicated” — which means dusted down for fingerprints or swabbed for DNA.

A police letter approved by the Home Office warns motorists who recover their own vehicles that the cars will not be checked for clues. It states: “[The police force will accept] no further responsibility and will be unable to take further action to identify the person who took it.”

Okay, this isn’t important, but I’m pretty sure “forensicated” isn’t a word.

Think about this, though. With the exchange rate, this means that you’d be charged about $200 by the police for them to put any effort into catching the criminal who stole your car. What we’re talking about here is a deterrent. If car thieves know that individual citizens aren’t going to pay extra to have the crime investigated, it drastically cuts the chances that they’ll be caught. Now, I know if my car was stolen, unless there were specific damages that I couldn’t recover through insurance, I wouldn’t want to pay an extra $200 to catch the guy who did it. The only thing I’d be gaining is validation of my sense of justice, but I get no other benefit from seeing the perpetrator go to jail.

It’s the job of the police to investigate crimes, and catch the perpetrators. The police are abdicating their responsibility. But alas, this is the problem with government. Sane people, when their government stopped providing the services it was put in place to provide, would stop patronizing that government [i.e. stop paying taxes]. But while the police may not bother to investigate crimes against individuals, you can be darn sure that the government will investigate tax protestors, probably to the ends of the earth and back again.

Both America and Britain are starting to face the same problem: government which does the things we’d rather it not, and giving up their responsibility to do the things they’re supposed to. Remind me again why I should hold up my end of the “social contract” if the government won’t hold up theirs?

Hat Tip: commenter Ted

Why Gun Control Isn’t The Answer

In today’s Los Angeles Times, James Q. Wilson takes on the Europeans who have responded to the Virginia Tech Tragedy by attacking America’s gun control laws:

There is no doubt that the existence of some 260 million guns (of which perhaps 60 million are handguns) increases the death rate in this country. Although Pellet Guns are lower risk and are mainly used for things like shooting practice, they can still be dangerous like other guns as well. We do not have drive-by poisonings or drive-by knifings, but we do have drive-by shootings. Easy access to guns makes deadly violence more common in drug deals, gang fights and street corner brawls.

However, there is no way to extinguish this supply of guns. It would be constitutionally suspect and politically impossible to confiscate hundreds of millions of weapons. You can declare a place gun-free, as Virginia Tech had done, and guns will still be brought there.

If we want to guess by how much the U.S. murder rate would fall if civilians had no guns, we should begin by realizing — as criminologists Franklin Zimring and Gordon Hawkins have shown — that the non-gun homicide rate in this country is three times higher than the non-gun homicide rate in England. For historical and cultural reasons, Americans are a more violent people than the English, even when they can’t use a gun. This fact sets a floor below which the murder rate won’t be reduced even if, by some constitutional or political miracle, we became gun-free.

Banning guns (and confiscating the millions that are out there if that was even possible) may reduce the murder rate by some amount, but it won’t, by itself, make up for the differences between American and European culture. And, while, were on that subject, Wilson also sites this interesting fact:

In 2000, the rate at which people were robbed or assaulted was higher in England, Scotland, Finland, Poland, Denmark and Sweden than it was in the United States. The assault rate in England was twice that in the United States. In the decade since England banned all private possession of handguns, the BBC reported that the number of gun crimes has gone up sharply.

So, the existence of strong gun control laws, or even the banning of private ownership of weapons, won’t necessarily do anything to contribute to a general drop in the crime rate. If England’s experience is any indication, it may actually increase the crime rate.

As Wilson points out, there is one lesson to draw from the Virgina Tech tragedy and those that have preceded it. We aren’t doing a very good job of identifying and coping with people such as Cho Seung-Hui, Dylan Klebold, and Eric Harris, who have such severe personality disorders that they are capable of committing crimes that shock the conscience of the world.

Until we figure out how to do that, the next massacre by a madman may be just around the corner.

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