This may not seem very libertarian of me to some, but often we have our own unique views of liberty. Some libertarians are anarchists who believe in no rule of law whatsoever. But much like socialism; anarchy relies on the notion that people will always do the right thing, which is obviously unrealistic. Under anarchy, those who don’t respect the rights of others would be brought to justice solely by vigilantism; a scary proposition. As such, like socialism, anarchy would never work if we are to maintain a civilized society.
So as a logical libertarian, I feel there is a need for police to protect one person’s constitutional rights from another who might infringe upon them. If this occurs, then government applies commonly accepted justice to the offenders. However, the power to protect ourselves must remain with the people first.
Here’s the part where I think my opinion may be somewhat unique and controversial. While I consider myself a humanitarian, I draw a very clear and concise line on the lives I respect.
It stops at people who would willingly infringe upon my rights; such as rapists, murderers, molesters, and other violent felons. If someone breaks into my home in an attempt to take my life or property, I feel they’ve voluntarily forfeited their rights, and I will kill them with little remorse—a scenario most castle doctrines allow. I am always content to read about such attackers getting killed by either the police or their victims; it’s the epitome of swift justice.
Having liberty means that you have the right to take risks. You should be able to sky-dive, smoke a cigarette, drive without a seat belt, or drink a 20-oz soda (despite his excellency King Bloomberg’s wishes) if you so desire. So then in my opinion, if someone decides to engage in a felonious act against another person, whatever happens to them during that act was the risk they took in doing so.
If a man decides to rape a woman, and she shoots him in the back as he climbs off of her and runs away, you expect me to believe that she’s done something wrong? Yet by law, she is a murderer.
I was disgusted last year to read about disabled veteran Jonathan Lowe being prosecuted, despite being the victim, because he stabbed a man to death who violently attacked him. How can any reasonable person consider this justice? The reason given was that the attacker had gotten up and was fleeing when Jonathan grabbed him and stabbed him, but I don’t care. Jonathan’s reaction was purely understandable.
The issue with many lawmakers and pacifists is that they’ve never been a victim of a violent crime, nor seem to appreciate the reaction it induces in even the most altruistic people. It requires unfathomable hubris to assume that they know how people will react in such a situation if they’ve not experience such an attack themselves. Controlling one’s instincts, emotions, and resultant actions after such an event is nearly impossible.
Humans have an innate sense or instinct of self-preservation. No matter how hard we might try to suppress it, we will react in an uncontrollable manner to stay alive. Don’t believe me? It is virtually impossible to commit suicide by holding your own breath. You’ll either breathe despite your best efforts not to, or you’ll pass out and then take a breath once you’re unconscious.
We’re unfairly penalizing people for succumbing to this instinct in a situation that they did not cause nor create. Once your life is threatened, unless you’re a soldier or police officer trained to stay calm in life-threatening events, temporary insanity will often ensue as you fight to stay alive and destroy that which threatens you. Anyone who has ever been violently attacked knows this.
With all that in mind, I am proposing victim protection legislation that would involve the following:
- Duty to retreat laws should be abolished and prohibited at all levels.
- Stand-your-ground-legislation should be a constitutionally enumerated right.
- A carry-conceal permit from one state should be recognized by all states, just as a driver’s license currently is.
- Committing an unprovoked felony would constitute a total forfeiture of rights under the law during the commission and escape of the felony by the felon.
- The state, nor the perpetrator and their family should ever be allowed to criminally or civilly prosecute a victim, Samaritan, or officer who retaliated against the felon, no matter what injuries the felon may have sustained as long as the actions were committed during the commission of, or the fleeing from, the crime scene. If the felon escapes visual contact, only then should the victim or defender be required to cease any attempt to retaliate and allow the police to take over. as to stop vigilantism.
- If someone retaliates recklessly, such as shooting a fleeing felon on a city street, the original victim could be charged for discharging a weapon within city limits or other applicable crimes, but the victim could not be charged in any way for a crime against the felon.
I specified “unprovoked” so that random bar fights and other escalations that started off civilly and grew to a felony would be treated differently. My act should only pertain to violent felonies involving premeditated intent, not flared tempers.
One of the reasons crime is so prevalent is that criminals have too many protections under the law that embolden them. If more Americans armed themselves, and more would-be felons were killed by people who stood up to defend each other, then would-be-criminals who are on the fence about committing a felony might think twice.
I have a great amount of respect for our people in uniform overseas and on America’s streets. But I’m sick of the police telling me that I should allow myself to be victimized because the felon has rights too.
If the police had a 100% prosecution rate, if a victim’s property was always returned in tact, and the victim never suffered permanent bodily injury or emotional damage, maybe I could go along with giving the felons rights. But conviction rates are around 80%, and that’s only when they are able to find and arrest a defendant. Plus, property loss along with physical and emotional injury are the norm.
So with respect Mr. Police Officer or politician that thinks I should be bound by law to behave rationally when faced with an irrational attack—f*** you. I’ve been the victim of a violent crime twice in my life, and both times wasn’t armed. To this day, I regret not being able to retaliate against those thugs, and that was decades ago. Hopefully there isn’t a third, but if there is, armed with my pistol, I intend to be severely more prepared. Best of luck to my attacker (not really), but be assured I’ll be calling the police to send the coroner, not asking for them to come save me when they can get around to it.