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Use of Imprisonment against crime

Discussion in 'Alley of Lingering Sighs' started by Beren, Mar 23, 2011.

  1. Beren

    Beren Lovesick and Lonely Wanderer Staff Member Member of the Week Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Ok, this thread is equally an effort to preseve my own Sensorium thread against total derailment, but its also a subject that I am thoroughly acquianted with as a criminal law professor. (I'm going to put this is in Sighs for now because this issue is highly political in many countries)

    Should our criminal justice/legal systems rely on mass imprisonment to deal with crime?

    I'll set out some of the context.

    Arguments for prison:

    Deterrence - scaring people into obeying the law by holding out the prospect of jail as a consequence.

    Retribution/vindication of harm suffered by the victim

    Rehabiliation - or more specifically promoting rehab in a closed and supervised environment

    Incapacitation - Protecting the public by keeping the criminal confined.

    Arguments against prison:

    It actually doesn't deter, or so quite a few criminologist/sociologist/legal experts argue.

    It only makes its inmates better criminals going out.

    Its costly in comparison with things like restorative justice, or preventative/social measures, etc.

    Anyway, discuss ...
     
    Last edited: Mar 24, 2011
  2. The Great Snook Gems: 31/31
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    What are the other options?
     
  3. Silvery

    Silvery I won't pretend to be your friend coz I'm just not ★ SPS Account Holder Adored Veteran

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    Chop off a hand for a first offence ;)
     
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  4. LKD Gems: 31/31
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    I'll post more when I have access to a good keyboard, but I'll just say for now that the protection of the innocents in society is paramount. Throw away the key and if it's too costly cut costs by cutting frills.
     
  5. Rotku

    Rotku I believe I can fly Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    That argument relies on a high re-offending rate, LDK. I don't know how high such rates are, but I'm sure in countries such as Denmark, where the focus is on rehabilitation, re-offending rates would be a lot less.
     
  6. Silvery

    Silvery I won't pretend to be your friend coz I'm just not ★ SPS Account Holder Adored Veteran

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    They try and rehabilitate prisoners over here...it doesn't work that well
     
  7. The Great Snook Gems: 31/31
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    Well there is the answer, let's send all of our criminals to Danish prisons.
     
  8. Ragusa

    Ragusa Eternal Halfling Paladin Veteran

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    bwa bwa bwa.

    One of the differences is that countries with a lower prison population usually tend to not have mandatory sentencing and so harsh sentences for drug related crimes. For instance possession of a small amount of Marijuana leads to confiscation of the marijuana and no charges for the consumer. In the US, as a result of harsh drug laws, it is so that people go to jail for such things in a routine basis.

    The reason for the different treatment is that in the US politicians have enacted into law the belief that the harsher a law the better it is. Who wants to be accused to be lax on drugs?

    In my country the view on mere Marijuana possession, is that it is not serious enough a crime to be worth to clog the courts and jails with offenders, and that there is little if any harm to society in people smoking joints. Thus the drugs are confiscated if found, and unless the amount found is significant enough to suggest trade (in which case a prosecution will follow) no charges will be filed.
     
  9. dmc

    dmc Speak softly and carry a big briefcase Staff Member Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    Initially, and completely off topic, when I read the title of the thread, I imagined a judge, in the black robe, with a gavel, slinging out ninth level mage spells at convicted criminals.

    With regard to drug possession charges, I'm not sure that Ragusa is going to get much argument from people here, but I also think that simple drug possession, with nothing more, is not going to lead to prison time.

    In law school, we hashed out all the pros and cons for prison as a state remedy against criminals, and it basically comes down to the philosophy that Beren spelled out. As for the US, we're, essentially, still run along the same lines that had stocks and other swell things back in the 1600's. There's also a large and collective vengeance desire that may exceed other populations that sways people towards wanting this. However, at this point, I honestly believe that there's such a high prison population due to politics. No one wants to appear "weak" on crime, which means that politicians (and judges) cannot come out against imprisonment for anything.

    We have such lovely things as third strike laws, which can lead to someone getting locked up for life for stealing a watch.
     
  10. LKD Gems: 31/31
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    Look, for relatively minor crimes, rehabilitation might work. But I'm talking the seriously violent crimes like murder, rape, aggravated assault -- under most circumstances these people cannot be rehabilitated. Nor should we just make excuses for their crimes and release them back into the community again, and when they do it again, we say "well, he had a hard time growing up" or "wow, he sure is a troublemaker!"

    I don't know about the rest of the world but here in Canada our system doesn't give a damn about the victims. They get to read a "victim impact statement" at the trial which the judge (because he is so wise and superior to everyone else -- unelected, I might add) usually takes with a grain of salt. Then they get a pathetic slap on the wrist and are out and back to their criminal ways in a heartbeat.

    I'll make this simple. As far as I am concerned, if you rape, murder, maim, assault, or otherwise violently affect another human being . . .

    I don't care how tough you had it growing up.

    I don't care how poor or disadvantaged you are.

    I don't care about your ethnicity or skin colour.

    I don't care if you're really, really sorry.

    I just don't ****ing care.

    You deserve to be in jail for a very, very very long time, so that decent people don't have to worry about you sneaking up behind them while they are walking in the park. In an ideal world, the particularly grievous cases would go to the Great Prison in the Sky, but Canada is far too gutless for that. I know I'll draw flack for that, but I don't care. No one can convince me that the likes of Paul Bernardo, Karl Toft, Clifford Olsen, or Leo Teskey deserve anything but death. Their guilt is not in question. The uselessness of our criminal justice system is.

    I know I'll also draw flack for not using links that are sufficiently liberal for some board members, but when it comes to ridiculousness like this, I also just don't care.

    edit: DMC, if a person is on their third strike, don't you think they'd have the brainpower to just, oh, I don't know, stop committing crimes? I m ean, it's not like they haven't had 2 chances already, right? I've got no sympathy for people who commit criminal acts, no matter how minor. If they can't learn some frickin self control, they need to be penned up. The other option is to have people (as we do in Canada) with criminal records logging 70 felony convictions*! I mean, holy Batpoop, Batman, is the whole "rehabilitation" technique working for that guy? Obviously not.

    *I have a friend who works in Criminal Justice records, and this file crossed her desk. She couldn't give me his name because, of course, he has a right to privacy, but she said she was just flabbergasted when she looked at it. She found out later, he is hardly an anomaly.

    Oh, Canada, our Home and Native Land, where Criminals run free, and have the Upper Hand!
     
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  11. The Great Snook Gems: 31/31
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    Actually, I could get behind a movement to bring the stocks back.
     
  12. Gaear

    Gaear ★ SPS Account Holder Resourceful

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    That reminds me of Raising Arizona, where Nicolas Cage's character perpetually commits robberies, is arrested and incarcerated, eventually goes before the parole board, and is re-released after they ask him if he's learned his lesson, he says yes, and they say "well alright then," as if this time will be different.
     
  13. Aldeth the Foppish Idiot

    Aldeth the Foppish Idiot Armed with My Mallet O' Thinking Veteran

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    To follow up on what dmc said, I know a lot of people who have been caught using marijuana, and none of them have gone to prison. In most states possession of a small amount of marijuana (typically less than one ounce) is not even a felony. It's called "simple possession" and it's a misdemeanor. Felony level possession is usually termed "possession with intent to distribute", and is usually limited to quantities that would exceed personal use.

    That said, I saw a statistic a few months back that said 25% of all people in US prisons are there for drug-related crimes, with the majority marijuana related.
     
  14. LKD Gems: 31/31
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    So I read this column here -- it's a nationally syndicated column, and those who think I'm using the same source too often, well, sorry, this is where I get my news. I did, however, look up a commentary on the report (couldn't find the report itself in the short search time I had.) I will, however, quote what the Professor said regarding the liberal elite telling us lowly peons how stupid we are to want rapists and murders kept away from society:

    To those who think I overreact to crime, or that a dose of TLC will magically turn the Jeffrey Dahmers, Zodiac Killers, and Timothy McVeighs of the world into solid upstanding citizens, I say, my perceptions are fine, and I don't need smug people who don't care at all about victims to tell me what to think.

    Maybe things are different in the States, I don't know. But here, it's a facet of Canadian society that really, really pisses me off.
     
    Last edited: Mar 24, 2011
  15. Silvery

    Silvery I won't pretend to be your friend coz I'm just not ★ SPS Account Holder Adored Veteran

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    I agree with LKD. The man makes a good point.
     
  16. Aldeth the Foppish Idiot

    Aldeth the Foppish Idiot Armed with My Mallet O' Thinking Veteran

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    Oh the irony... It may actually be those who live in violent neighborhoods that have false perceptions about crime.

    As far as your stance on the worst of the worst criminals, I don't think anyone shed a tear when Timothy McVeigh was executed.
     
  17. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I think we (as a society) have it wrong overall. For some, rehabilitation is not reasonable and those individuals simply need to be removed from society for the safety of the citizens. Institutions can either isolate or rehabilitate. Right now we try to make our prison system do both in the same locations and so we fail at both.
     
  18. joacqin

    joacqin Confused Jerk Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    How do you decide which is which T2?

    As for me the question is tricky but it is interesting to note that it appears that the harsher a society is on crime the more crime it gets.

    It sure feels nice to "stick it to he criminal poopholes" and punish them severly but everything seems to point towards it not actually helping whatsoever. It may get that specific dick off the streets but somehow it seems to create three more for every one put away.
     
  19. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Good question, joacqin. I think you need to look at the nature of the crime, the underlying causes, and mental health of the criminal. For violent crimes with low chance of rehabilitation (such as rape) or for heinous crimes (murder, assault were there was clear advance planning) you would probably shift to isolation on the first instance. Otherwise, I think the "three strikes, you're out" designation may be appropriate for most crimes. I used big, sweeping generalities there and it would obviously be more complex.
     
  20. Chandos the Red

    Chandos the Red This Wheel's on Fire

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    I don't think you overreact to crime but you seem to have great faith in the fairness and the ability of the justice system to not only be fair, but to convict the right person.

    I'm not really sure what "TLC" had to do with any of this. Can you please explain?

    I'm not sure what the "liberal elite" is. Can you explain? Most of the rich here, are Republican conservatives, who have too much money to go to prison anyway. Many liberals in my country are minorities who live in poorer neighborhoods, are usually not referred to as "elite" and who can't afford good lawyers, the way that some in better neighborhoods can. But if you can begin by expalining who the "liberal elite" is, that would be helpful.
     
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