Who Vouches For You?

A <600 word summary of my crime law proposal:

Who Vouches For You?: A Radical Crime Law Proposal

The legal system used by most ancient societies was simply A-sues-B-for-cash. But in the last few centuries, states added “crime law,” wherein the state investigates, sues, and imprisons “criminals.” These centrally-run one-size-fits-all bureaucratic systems don’t innovate well or adapt well to individual conditions. And even though most of your “constitutional rights” are regarding such systems, they still seem badly broken.

In the ancient world, a stranger who came to town was trusted more if a local “vouched” for them. We still use vouching today in bonded contractors, in open source software, in organized crime, and in requiring most everyone to get an insurer ready to pay if they cause a car accident. I propose requiring everyone to get an insurer to vouch for them regarding any crimes they might commit. If you are found guilty of a crime, your “voucher” pays the state a fine, and then pays to punish you according to your contract with them. This fine in part pays the private bounty-hunter who convinced the court of your guilt. Competing bounty-hunters obey law because they can’t maintain a blue-wall-of-silence.

To lower your voucher premiums, you might agree to (1) prison, torture, or exile, if caught, (2) prior limits on your freedom like curfews, ankle bracelets, and their reading your emails, and (3) co-liability wherein you and your buddies are all punished if any one of you is found guilty. In this system, the state still decides what behaviors are crimes and if any one accusation is true, and it sets fine and bounty levels regarding how hard to discourage and detect each kind of crime. But each person chooses their own “constitutional rights”, and vouchers acquire incentives and opportunity to innovate and adapt, by searching in a large space of ways to discourage crime.

Some key details:

  1. Judges and juries can retain discretion to consider case details when setting guilt or fines.
  2. If fines vary with wealth or income, then the rich don’t get a free pass to commit crimes.
  3. We could subsidize premiums, or offer a public option, to poor ex-cons for which we feel sorry.
  4. Other poor ex-cons might have to work for a while at isolated ships or mining or logging camps.
  5. Not being vouched is punished severely, not via a fine. Need violations to be rare, as with license plates today.
  6. Perhaps each person/building wears visible QR code or pingable RFID of voucher-client ID (VCID).
  7. It is enough to know VCID to charge with crime, no need to physically detain them.
  8. Key criteria for being a voucher is showing that will have enough money to pay fines.
  9. Vouchers are held to contracts for as long as it takes clients to find new vouchers.
  10. Contracts typically worse for clients over time if not renewed, to cover revealed-criminal scenarios.
  11. Contracts typically do not cover pre-existing crimes or plans, for which prior voucher pays.
  12. Clients can switch at will, though co-liability partners must all agree to switch at same time.
  13. First-to-file bounty hunter has right to prosecute first, though is crime to file with little evidence.
  14. Courts would remain skeptical of both sides’ evidence, with evidence faking being a big crime.
  15. Bounty-hunters access to evidence varies with contract-specified client privacy levels.
  16. Market estimates of fines given privacy levels set extra fine factors paid by clients with high levels.
  17. As immigrants & tourists must be vouched, it matters less if immigrants cause more crime.
  18. Parents must get vouchers for kids, so “majority” age could be when kids can afford it on own.
  19. These or related vouchers might pay for costs to assist folks suffering poverty or unemployment.
  20. May want solemn voucher signing ceremony, after passing test shows that understand contract.

 

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