In a perfect world there would exist no aggression and no need for a criminal justice system. Indeed, we have noted several reasons why such aggression would be minimized in a free society (pp. 5.4:134, 5.4:137). Even in a society based on freedom, however, aggression can probably never be entirely eliminated, and it necessarily brings with it complications that can be resolved only in an imperfect manner. Here we outline the basic principles for dealing with this highly complex area.

As previously mentioned, criminal justice in a free society is directed toward the goal of obtaining restitution from the offender for the costs of his aggression, in contrast to the goals of punishment, deterrence, and rehabilitation pursued by existing systems. Notice how these goals reflect different ethical philosophies of government:

• punishment:  government attempts to improve the offender's moral character (an altruistic goal).

• deterrence:  government uses the offender for the (altruistic) purpose of setting an example for other would-be offenders. In effect, the offender must pay for the possible actions of others.     

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