Lets Replace all Criminal Law with Civil Law

Some have asked why murder should be a crime if abortion is not a crime.  My answer is that the government should not prosecute murders.

One of the problems we have in today’s world is that we try to have separate civil and criminal proceedings. With criminal law, no victim has to come forward and claim they have been harmed. Thus we need to have government paid prosecutors, investigators, etc. Restitution of the victim does not have as high a priority as punishing the criminal. There is little incentive for the government to deter crimes such as murder. The more murders, the more budget and jobs for those involved “fighting crime”.

A possible solution would be to have those concerned about being murdered get insurance in an amount they believe their life is worth. Then if murdered, the insurance company has a claim against the murderer which it can pursue in civil court.  The designated beneficiaries would get compensated, and the insurance companies would have control over the murder until they have been made whole. Some restitution theories say, the amount owed should be twice the amount of the damage.

The CDC estimates that the probability of being murdered in the US each year is about 1 in 19,000.   With those odds, a million dollar policy would probably cost less than $60 a year, and even lower for those who live in low crime areas.

Insurance companies could also sell policies to parents of minor children, or future children. A parent concerned that someone could cause a fetus or a new born baby to be killed (maybe the other parent) could buy insurance.

 

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