Contrary Purposes
by
Matt Giwer (c) 1994 <8/25>

      Is it not the desire of everyone to reduce crime?
      Is it not the desire of everyone to remove the causes of crime?
      Is it not the desire of everyone to clear up our court system?

      Let us examine a few basics of attaining our desires. First off let us accept the obvious, that all crime can be eliminated by eliminating all laws. That is a given.
      The other side of that coin is that crime increases when laws are passed creating new crimes. There is no question that if turning right on red is made illegal tomorrow then the case load in traffic court will increase with these new crimes. This is a trivial observation.
      The observation that so many will not admit is that activities thought "evil" and made crimes have the consequence of increasing the crime rate and all of its associated problems. It matters not how evil the crime, people convicted of it go to jail. When they get out they have a hard time getting a decent job if all all and are dependent upon welfare. When the impact of these crimes hit a particular class of people then that class goes down hill economically.
      For example, it is a "good thing" to be against the "evil" of drugs but every law the creates a drug related crime causes an increased crime rate, clogs the court system and fills the prisons. The 10,000% markup on drugs causes the secondary crimes of muggings, thefts, murders and whatever. You may or may not agree drugs should be illegal but there is no denying making them illegal is a different type of problem than having them legal.
      Added to that when we have prison time for these legal crimes the marginally employable become unemployable because of the prison time. They have difficulty supporting themselves. They certainly can not support a family. The entire class sinks in economic level. Drugs are still around at the same price so more crimes are required to raise the same amount of money to pay for them and the cycle gets worse.
      Which is worse, legal or illegal drugs, is something upon which we have not experimented to find out. However, it is clear the penalties for having drugs illegal are not insignificant and certainly could be greater than having them legal.
      But drug laws alone are not my point. Car-jacking is soon to be a federal crime. What purpose would this serve other than to add to the population of federal prisons? What is the purpose of a "three strikes and your out law" other than to increase that population?
      Whether you like the idea or not the consequences of making more crimes is to make more criminals.
      Deterrence is an old card played by everyone and it does not apply. I can find equally incogent arguments on both sides as to the value of deterrence. However creating a crime is not a deterrent.
      Let me ask you, do you really believe those who are into car-jacking have the slightest idea there is a crime bill in Congress much less the slightest idea it has a provision on car-jacking? And if you can fine a couple that do can you imagine one of them giving a damn?
      As Leonard Bernstein might have written today ...

I'm deterred, I deterred,
I'm so damned deterred
President Clinton, Krup You!
      Any law has to be taken in context of the consequences of making an activity illegal as well as the desirability of actually making it illegal as both sides agree the present level and type of punishment is not a deterrence to the violation of any law. Thus every law we pass is merely an increase in the number of criminals. Is this not contrary to what we are all interested in?
      And thus why do we want so many laws? Why do we not judge laws on a cost/benefit analysis? As I have pointed out drugs are in fact legal even if not in the eyes of the laws. That they are illegal means only that you have to drive a couple extra miles rather than buy them at your local drug store.
      Why is not the cost of the current plan to create 47 new federal crimes compared to how fast they will fill up the new prisons that will be built by the same crime bill? As the laws will not be deterrence it appears to me that one hundred crimes per law per year will fill them up faster than they can be built. And if there are not at least 100 such crimes a years (two per state) what possible justification is there for making these federal crimes, as though two per state is any kind of justification at all.
      I would suggest many of our efforts in law are counterproductive in the extreme.