Thursday, April 22, 2010

War On Crime...there is no justice in revenge. [part 1 of a 4 part series]

So removed is the convicted person - the prisoner - from accountability and the opportunity to restore peace (true justice), by society's vengeful thirst to lock him up and throw away the key, that he is viewed typically as social scum...sub human...Expecting him to be full of self-pity and complaint; harboring only resentment towards society,and denial of his actions; void of any empathy and remorse and accountability, that no amount of time served ever pays the debt society so desperately seeks - becoming a growing problem within itself.



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Law...One of mans attempts at creating a civil society.Our laws are what dictate the tone of what is acceptable and what isn't. The part that fails is...laws tend to steam from the worse cases that are brought before the public by the media and the courts; often hyped and causing public hysteria. This isn't to say that our laws don't hold water and don't serve a purpose, but is it a misconception to think for one second that laws serve to "protect" us? And what about are drive to constantly increase the temperament of the punishment...The "tough on crime" platform? Since around the early to mid 80s when prosecutors began accusing judges for being soft on crime,implying that it was the reason our courts were backed up, and recidivism was high . Eventually this cry removed a judges ability to decide what actions to take based on each individuals history and the nature of the crime. It is at this time we began to hear about new sentencing guide lines; mandatory minimums and stacked charges. And in federal cases the prosecution submits to the judge what the sentence will be based on the sentencing guide lines...which is sort of a mathmatical calculation based on age,criminal history, and what class felony the charge falls under. There is no lateral room for the judge to use if the defendent is found guilty.

This may sound good in theory...It's going to get the "scum" out of our communities by locking them up for long periods of time, however, it is one very key reason we see many first time offenders being sentenced to long stretches in the big house for crimes that are non violent...in many cases without any victim, weapon, or previous criminal history.

Many judges have written extensively on the hard ache of having to sentence a first time non violent offender to 5 or more years in prison often without opportunity for parole. Cases that at one time a judge would have used probation, community service and recommend treatment counseling as a form of sentencing; giving the individual an opportunity to restore them self without removing them from the community, which affects everyone ( the offender, his family, and his community)

So is being tough on crime really helping society? Are we resolving the issues regarding criminal behaviour? Have stricked laws , harsh punishments, mandatory minimums reduced crime by sending a message to all who may commit a crime? Do we really care about any of this?

2 comments:

  1. I don't know... common sense... I just don't think it will work. ;)

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  2. Hey... waiting for three more parts to this series... or a post on something else... :)

    ReplyDelete