☆ Who’s victimized in local “victimless crime” prosecution? A Libertarian’s analysis
Longtime Santa Clara County Libertarian Brian Holtz spoke with Opp Now about recentering local police efforts on actual crime prosecution, and why he believes vice laws allow corrupt individuals to perpetuate discrimination. Part of an exclusive series on Libertarian perspectives on local governance. An Opp Now exclusive.
Opportunity Now: There’s a lot of talk across the nation, especially in the wake of 2020’s revitalization of the BLM movement, about the political push to defund (or, in SJ’s case, underfund) local police departments.
You argue as a Libertarian that policing should be retargeted towards real crimes with victims, rather than withdrawing their presence entirely from communities. Why is this an important distinction?
Brian Holtz: It’s shameful that many, in the name of social justice, are saying not to prosecute real crimes. According to the Libertarian perspective, the police shouldn’t be backing off on enforcement against actual crimes. For example, if someone is committing a crime against another person’s body, that should and must be punished under the law.
While enforcing sensible rules against actual crimes, I believe that local governments should decriminalize victimless crimes. People convicted of only victimless crimes should not be in prison. By letting those innocent citizens go free, we can make more room for people who actually did crimes against others and their property.
ON: Okay. So what happens when local laws against victimless crimes are enforced? Who is truly harmed in these circumstances?
BH: Well, Libertarians tend to be very skeptical of how police currently wield their vast discretion. The more discretion that police, prosecutors, and the justice system have in prosecuting a crime, the more they can express any racism and biases they possess. And there’s no question that policing in America is embedded with a history of racism.
For instance, under rent control legislation, a racist landowner has the ability to bill rent to a race they like and discriminate against ones they don’t like. Similarly, with the police, if there are silly vice laws about prostitution, gambling, selling cigarettes on the street, etc.—laws about which people don’t care if they’re enforced—police can selectively apply policing to express their own racism. This means that allowing victimless crime prosecution can, and often does, carry forward into perpetuated discrimination against innocent residents.
ON: So you’re suggesting that no victimless “crime” be labeled or legally penalized as such, correct?
BH: Exactly. If we decriminalize victimless crimes, it eliminates a lot of room for discretion that leads to racist actions.
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