John Singleton with Bob HowardRip Van Australia (Stanmore: Cassell Australia, 1977), pp. 141-43, under the heading “Justice”.

There will never be a decent political sense developed in this country until we breed a race of people who are as ready to go to the mat for justice on behalf of what they do not believe in as on behalf of what they do believe in. That is the spirit that utterly terrifies politicians and job holders and makes them walk a chalk line. ~ ALBERT JAY NOCK

The voice of the majority is no proof of justice. ~ SCHILLER

The original intention of the legal system was to dispense justice. Today, its function is primarily to enforce the rule of the State. In more cases than not, this involves perpetrating injustices — as, for example, in all cases of victimless “crime”.

A real crime is committed when an action is initiated that violates the rights of any individual. (This excludes appropriate action taken in self-defence.) It has been argued (see Crime) that victimless activities do not violate rights, and thus are not really crimes. In the case of real crimes, such as robbery, breach of contract, murder, fraud, rape or assault, what happens in our courts today? Punishment is meted out, but rarely justice.

Suppose your house was burgled and lost $5000 worth of goods. The odds are they will not be recovered, so you’re down $5000. What happens when the burglar is caught? He goes to gaol — and if he admits to all his burglaries he can serve out the time for them all simultaneously. Who pays for the cost of his capture, his trial, his upkeep in ever-increasing luxury in gaol, and, probably, the upkeep of his family on welfare while he’s in there? You do. What do you get back by way of justice? The dubious please of knowing the burglar is in prison. Big deal. Some idea of justice! You lose all down the line.

The focus of the judicial/legal system should be on the victim. After all, he or she is the innocent party. But today, the victim is increasingly disregarded. Concern to rehabilitate the criminal competes with the desire to punish the criminal, and above all the State ensures that its authority is not questioned. The victim takes a very distant back seat.

The real aim of justice, once the criminal has been apprehended and given a fair trial, is to determine who is the injured party, and to achieve as nearly as possible, full restitution to that party at the criminal’s expense. It should not be at the taxpayer’s expense.

In a case such as murder, the injured party is the victim’s family, the next of kin, or business associates. In our simple example of burglary, the criminal should be put to work — either inside an institution or, preferably, in civilian life, as the courts may decide — and kept at work until he or she has paid back the full $5000, plus extra for inconvenience, loss of interest or opportunity, plus an amount to cover police costs, court costs, and, if necessary, prison costs. When the debt is paid, and not before, the prisoner is a free person.

Obviously, under this system, some crimes would result in a lifetime of such labour — for example, for some murders or multi-million dollar robberies. For large robberies, there is thus a very real incentive for the criminals to give up the money once caught and convicted.

Another aspect of this system is that the form of restitution could be chosen by the victim and would only need to be in keeping with the crime. If the crime involved money, then restitution would be in money, or at least, in material form — goods and services for example. If the crime involved physical violation, such as murder, rape or assault, then the form of restitution could be physical (capital punishment in the case of murder), or material, or both.

The courts would have the task of ensuring that the degree of restitution demanded by the victim was commensurate with the degree of the crime. For example, you wouldn’t choose 100 lashes as restitution for knocking off a couple of chooks. But it should be obvious that most people, given the choice, will choose a material form of restitution — mostly money.

For their part, the criminals, by their actions, have forfeited any claim to rights. Because their action, to be a crime, involved the initiation of an act which violated someone else’s rights, they in effect said, “We don’t recognise your rights.” Well, they can’t have it both ways.1 If they don’t respect the rights of others, they cannot in justice claim that their own be respected. They can only claim fair treatment.

It could be said that the system of restitution would favour the rich, because they could easily pay off their debts “without punishment”. Well, as a victim, if you are fully compensated, what more do you want?

The fact that a criminal’s background may have contributed to his criminal tendencies should be completely irrelevant to the court. The victim is not responsible for the criminal’s background, nor should he or she suffer because of it. This does not mean that we deny the influence of such factors as background and environment, on the formation of criminal desires. We don’t. We simply wish to point out that while such considerations may be of great concern to psychologists, social workers and so on, they are not necessarily of any concern to the victim, and should not be forced upon the victim.

Finally, if, as victims, we are to be repaid by the criminal, this means that we would probably get the money in bits and pieces over a long period. This would not be very satisfactory, and so companies or co-operative societies, would inevitably be set up to pay the money out in a lump sum to the victim, and then undertake to retrieve the money from the criminal. These organisations could be run like a medical benefits scheme or an insurance company. In this case, it probably would be in the interests of these organisation to employ psychologists, social workers and the like, and make some effort to rehabilitate and train the criminals, because by doing so they would ensure that they received their money far more quickly.

You may not agree with all these ideas, but one thing at least can definitely be said — they would go a long way further towards achieving justice than our present system does.

Footnote

  1. One exception to this is the category of victimless “crimes” that currently exists, but which should not exist. These victimless “crimes” are not really crimes, because no rights have been violated. And it’s interesting to note that in the case of a victimless “crime”, who is the “victim” that claims restitution?
(in order of appearance on Economics.org.au)
  1. Governments Consume Wealth — They Don't Create It
  2. Singo and Howard Propose Privatising Bondi Beach
  3. Singo and Howard Speak Out Against the Crackpot Realism of the CIS and IPA
  4. Singo and Howard on Compromise
  5. Singo and Howard on Monopolies
  6. Singo and Howard Support Sydney Harbour Bridge Restructure
  7. Singo and Howard on Striking at the Root, and the Failure of Howard, the CIS and the IPA
  8. Singo and Howard Explain Why Australia is Not a Capitalist Country
  9. Singo and Howard Call Democracy Tyrannical
  10. Singo and Howard on Drugs!
  11. Simpleton sells his poll philosophy
  12. Singo and Howard Decry Australia Day
  13. Singo and Howard Endorse the Workers Party
  14. Singo and Howard Oppose the Liberal Party
  15. Singo and Howard Admit that Liberals Advocate and Commit Crime
  16. Up the Workers! Bob Howard's 1979 Workers Party Reflection in Playboy
  17. John Whiting's Inaugural Workers Party Presidential Address
  18. John Singleton and Bob Howard 1975 Monday Conference TV Interview on the Workers Party
  19. Singo and Howard on Aborigines
  20. Singo and Howard on Conservatism
  21. Singo and Howard on the Labor Party
  22. Singo, Howard and Hancock Want to Secede
  23. John Singleton changes his name
  24. Lang Hancock's Foreword to Rip Van Australia
  25. New party will not tolerate bludgers: Radical party against welfare state
  26. Singo and Howard introduce Rip Van Australia
  27. Singo and Howard on Knee-Jerks
  28. Singo and Howard on Tax Hunts (Lobbying)
  29. Singo and Howard on Rights
  30. Singo and Howard on Crime
  31. Singo and Howard on Justice
  32. Singo and Howard on Unemployment
  33. John Singleton on 1972's Cigarette Legislation
  34. Singo and Howard: Gambling Should Neither Be Illegal Nor Taxed
  35. Workers Party Platform
  36. Singo and Howard Join Forces to Dismantle Welfare State
  37. Singo and Howard on Business
  38. Singo and Howard on Discrimination
  39. Singo and Howard on the Greens
  40. Singo and Howard on Xenophobia
  41. Singo and Howard on Murdoch, Packer and Monopolistic Media
  42. Singo and Howard Explain that Pure Capitalism Solves Pollution
  43. Singo and Howard Defend Miners Against Government
  44. Singo and Howard on Bureaucracy
  45. Singo and Howard on Corporate Capitalism
  46. The last words of Charles Russell
  47. Ted Noffs' Preface to Rip Van Australia
  48. Right-wing anarchists revamping libertarian ideology
  49. Giving a chukka to the Workers Party
  50. Govt "villain" in eyes of new party
  51. "A beautiful time to be starting a new party": Rand fans believe in every man for himself
  52. Introducing the new Workers' Party
  53. Paul Rackemann 1980 Progress Party Election Speech
  54. Lang Hancock 1978 George Negus Interview
  55. Voices of frustration
  56. Policies of Workers Party
  57. Party Promises to Abolish Tax
  58. AAA Tow Truck Co.
  59. Singo and Howard on Context
  60. Singo and Howard Blame Roosevelt for Pearl Harbour
  61. Singo and Howard on Apathy
  62. Workers Party is "not just a funny flash in the pan"
  63. Singo and Howard on Decency
  64. John Singleton in 1971 on the 2010 Federal Election
  65. Matthew, Mark, Luke & John Pty. Ltd. Advertising Agents
  66. Viv Forbes Wins 1986 Adam Smith Award
  67. The writing of the Workers Party platform and the differences between the 1975 Australian and American libertarian movements
  68. Who's Who in the Workers Party
  69. Bob Howard interviewed by Merilyn Giesekam on the Workers Party
  70. A Farewell to Armchair Critics
  71. Sukrit Sabhlok interviews Mark Tier
  72. David Russell Leads 1975 Workers Party Queensland Senate Team
  73. David Russell Workers Party Policy Speech on Brisbane TV
  74. Bludgers need not apply
  75. New party formed "to slash controls"
  76. The Workers Party
  77. Malcolm Turnbull says "the Workers party is a force to be reckoned with"
  78. The great consumer protection trick
  79. The "Workers" speak out
  80. How the whores pretend to be nuns
  81. The Workers Party is a Political Party
  82. Shit State Subsidised Socialist Schooling Should Cease Says Singo
  83. My Journey to Anarchy:
    From political and economic agnostic to anarchocapitalist
  84. Workers Party Reunion Intro
  85. Singo and Howard on Freedom from Government and Other Criminals
  86. Singo and Howard on Young People
  87. Singo and Howard Expose how Government Healthcare Controls Legislate Doctors into Slavery
  88. Singo and Howard Engage with Homosexuality
  89. Singo and Howard Demand Repeal of Libel and Slander Laws
  90. Singo and Howard on Consumer Protection
  91. Singo and Howard on Consistency
  92. Workers Party is born as foe of government
  93. Political branch formed
  94. Government seen by new party as evil
  95. Singo and Howard on Non-Interference
  96. Singo and Howard on Women's Lib
  97. Singo and Howard on Licences
  98. Singo and Howard on Gun Control
  99. Singo and Howard on Human Nature
  100. Singo and Howard on Voting
  101. Singo and Howard on
    Inherited Wealth
  102. Singo and Howard on Education
  103. Singo and Howard on Qualifications
  104. Ron Manners on the Workers Party
  105. Singo and Howard Hate Politicians
  106. Undeserved handouts make Australia the lucky country
  107. A happy story about Aborigines
  108. John Singleton on Political Advertising
  109. Richard Hall, Mike Stanton and Judith James on the Workers Party
  110. Singo Incites Civil Disobedience
  111. How John Singleton Would Make Tony Abbott Prime Minister
  112. The Discipline of Necessity
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