Let's redefine 'crime' - and punish it

Am I young enough to believe in revolution

Am I strong enough to get down on my knees and pray

Am I high enough on the chain of evolution

To respect myself, and my brother and my sister

And perfect myself in my own peculiar way

— Pilgrim’s Progress by Kris Kristofferson

Contrary to popular belief, I am not a card-carrying libertarian.

First, libertarians are not organized enough to issue cards.

Second, I lean too far left of anarchy to qualify anyway.

But if political labels are necessary, then color me libertarian, because I think individual rights trump majority rules almost every time, especially when it comes to crime.

As a libertarian, I was troubled by a press release from Gov. Susana Martinez on Tuesday.

She is encouraging the state Legislature to adopt tougher laws against driving while intoxicated. The former prosecutor thinks it’s a way to be “tough on crime,” even if the only victim in DWI cases is the perpetrator’s liver.

I agree we should be “tough on crime.” But I think we have some wonky definitions for crime.

I don’t understand why we even have laws against anything that produces no victim. Shouldn’t we be focused on those who actually hurt people with their irresponsible actions rather than those who might hurt someone?

Martinez on Tuesday proposed a maximum sentence of four years in prison for anyone convicted of a seventh DWI. Meanwhile the maximum punishment for someone who kills somebody while drinking and driving is just 15 years in prison. And that maximum punishment is more likely going to be six years in prison if you have a decent lawyer.

Wonky.

Kill somebody — 6 to 15 years.

Might kill somebody if you keep acting the fool — 3 to 4 years.

Don’t even get me started on the war against some drugs.

Here’s the press release the governor should have issued on Tuesday:

Our lawmakers need to redefine crime as an action that violates an individual’s life, liberty or property rights.

Those convicted of a crime should be punished in a manner ensuring they cannot hurt anyone else for a long, long time.

The governor wants to get tough on crime by sending people who might hurt you to prison for four years if they get caught potentially hurting you seven times.

That's politics, not substance.

Threatening potential criminals is fine, but what they really need is counseling or public shaming or maybe just a good talking to.

I'd rather see lawmakers use their power to lock up actual criminals — those who hurt innocent people — for considerable amounts of time. Drive drunk and kill somebody; go to jail for 50 years.

I suppose a good libertarian would let the victims’ families and friends determine punishment, then administer it themselves, but we’ve already established I’m not a good libertarian. I’m just a guy who wants justice for those who deserve it. As for the rest, like the Kristofferson song says, I’ll settle for some mercy.

David Stevens is editor for Clovis Media Inc. Contact him at: [email protected]

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