I have in the past pondered the criminal justice system. I won't cover how it is a broken system. I will, however discuss the odd manner of punishment. When someone commits a crime we have generally two methods of discipline. For minor crimes we fine people. For more serious crimes we put them in prison. Since I was a small child this whole prison thing seemed odd to me. I never understood it and to be honest I still don't. I suppose a better way of stating this would be to say that like many other topics I find that I disagree with what society in general has come to accept.
How is it that we came to this notion that throwing someone in a concrete box with food was a good idea? In all sincerity, I would love to meet the gent that originally suggested this method of punishment and learn his thoughts on the matter. I have not been in prison so I cannot attest to what it is like, but I will work with what little knowledge I have. One does not have to worry about food. By this I mean that inmates are given a set diet that is to government specs. I still have yet to see that as a good thing for anyone. If we are going to use food as a form of punishment let us declare it and let it be known.
There is also the issue of rape. I do not know how big of an issue this is or how much of a threat of rape there is in prisons on average. I do believe that it happens. This is not meant to be a form of punishment and nor should it be. This is not something that should happen. IF this is something happening on a daily basis or even on a semi-regular basis than this alone should be grounds for at least re-examining the prison system.
The thing that has been bugging me the most about these concrete prisons is the word "why." Why do we have them?
I have throughout this little post been using the terms discipline and punishment interchangeably. I have done this for a purpose. Did you notice this? In actuality, punishment and discipline are two different things. Punishment is given as it is deserved. It is given because it is deserved. Discipline is given to correct.
The question, for me at least, is hanging in the air like a bad stench. Is prison for punishment or is it for discipline?
If it is for punishment then it makes no sense at all. Just punishment for any sin is death according to scripture. No, I don't care to place in a reference here to back up that claim. You go do that.
If it is not for punishment as it would seem then it may be for discipline, right?
In that case, how many learn not to commit another crime after coming out of prison? As I understand it, many times after exiting a prison a former inmate may be forced to resort back to criminal behavior to simply make a living.
If you want my suggestion go read Proverbs. Solomon had an interesting take on it all.
Hey, I like your post! Your blog always gives me something to think about.
ReplyDeleteI agree. Prisons don't work. They are a waste of $ and usually make people worse!
I think they should privatize prisons. And I think they should provide work for them to do. Real work that makes $ for the company.
It could be based on a token system. Good behaviour and hard work earns tokens bad behaviour deletes tokens. Tokens could be used to buy things like better food, movies, video game time, time outside, etc. If inmates choose not to work or improve behaviour they should stay in their cells and be fed lentils and water.
This would provide the inmates with motivation to change behaviour and they could also learn valuable skills for the workforce.
That's my take on things :)
We can discuss this post at length later. Just thought I'd put the link to this article here, since it touches on this same issue. Needless to say, lawyers and judges (and law students) struggle with this same issue on a regular basis.
ReplyDeletehttp://www.ncjrs.gov/pdffiles1/nij/175722.pdf
Been far closer to the front lines of this issue than you probably can imagine, and all I can say is that it is a constant struggle to balance the needs of the society with the needs of the individual--both the victim and the aggressor. What would you suggest as an alternative (just curious)?
ReplyDeleteWell, when I brought up Solomon, I was remembering that during those days corporal punishment was not kept merely for children, but for adults as well. This doesn't mean spanking, but something similar to what Taiwan does. I believe that such discipline holds many advantages over what we have now. The action if indeed it is physical discipline would be swift. It would not group the worst with those who are less corrupted(which is in my mind a terrible thing that merely produces more criminal behavior). The funds required would be much less than what are required now. I do not believe that all crimes should be handled and disciplined with violence, but I think some should. We need room for creativity in the Criminal Justice System. As a caveat I would hold permanent disfigurement for only the most extreme cases such as child molestation. In that case I believe that true physical castration is in order.
ReplyDeleteWell I won't presume to speak for anyone but myself, but the system seems it's required to perform quite a delicate balancing act. The thing you may not realize is the dealing b/w the parties to reach a sentence is really very intimate & involved & at least from what I've see, the cts & adverse parties work closely with each other. Certainly the prison system itself is overcrowded and a strain on resources that could put to other use. Maybe the problem itself stems from the recent policy of getting tough on crime thru longer prison terms and anti-drug and strict-sentencing policies (3 strikes & you’re out).
ReplyDeleteIMO, the high rate of recidivism shows that maybe the threat of getting caught and going back to prison isn't much of a deterrent to criminals--deterrence is named as a primary function of the system. Possible alternatives such as stricter probation regimens, community service, or boot camp, may better contribute to rehabilitation, give judges flexibility to tailor sentences better, and may be less expensive. I am not suggesting these be implemented now, just observing how they may be considerable alternatives.
PS—Did you know that in two states (GA & KY) the punishment of “banishment” and exile is still on the books? Heh.