choose your own jail (continued)

Earlier I argued that prisoners should choose their own judge (and by implication, choose their jail). This is an implication of land rent (borders have costs, costs can only be defined in a free market; a jail is just another form of border) but it also makes sense on its own. Today's news, kangaroos courts in Guantanamo, illustrates the reason why.

If criminals can choose their own judge and jail, this forces us to have a fair system. But if they have no choice, then we have no pressure to be fair. Indeed, all the pressure is to be unfair. If a government and justice system are seen to capture dangerous criminals, they are rewarded with more money, more votes, more prestige, etc. So there is great pressure to believe that the people they capture are guilty. There is no pressure to believe they are innocent. So the system is inherently unfair. If we allow criminals to choose their own judge and jail, this forces us to be fair.

Or maybe we don't think that fairness matters?