Well I didn't read every word of every post so this may have been said, but there needs to be a distinction made for some people between prison and jail.
The differences being term of the inmate, and where the money comes from. Prisons are typically (not always) run by the state for offenders with more than 1 year sentences. Jails are for people who have less than one year sentences or who have gotten special pleas while awaiting trial for a more serious offense. The money for them does not all come from the same place, the budgets are different, and the rules can be much different as well.
AZhitman wrote:
When I carried a caseload of recidivist mentally ill sex offenders (kinda looked like the population of the "Learned'd" thread), there were certain things I'd overlook, and certain allowances I'd make - Simply for the preservation of peace and for the greater good.
"Rules" become quite flexible in extreme situations, and rigid enforcement is a recipe for failure.
The solution state hered is actually the problem. My Crim J research degree coming out so I apologize. Just to keep it simple, Jeremy Bentham (criminologists) stated that the three things that all justice systems must have to work are a swiftness to punishment, a severity of punishment, and a certain-ness of punishment. Now the goal was that the community (not some bureaucrat) would be responsible for determining whether or not this criminal was guilty of such crimes and what the punishment would be. Fast forward through time and you see the justice system getting infiltrated with the political system and people who do not understand the minds of criminals (all levels of criminals) are placed in charge of making policy to dictate what is best for them and how the state should handle them. Enter liberal activists and emotion based theory and policy and you eventually get a system like ours and most European countries.
The idea of rehabilitation was not a large concept in the early start of the american justice system because community based justice typically meant a person either left the community and had to assimilate elsewhere, or they were almost completely socially banished, which in most nations historically has been worse than death.
In the modern day Bentham would say the reason why so many people commit crimes is because punishment is missing one of the three things listed above. When one of these concepts are thrown out then it is processed mentally as if there is NO punishment. So I would argue that the "flexibility" principle in our legal system is on of the many the problems. If all speeders got tickets and had to pay them it would be different. If all violent rapists were chemically or physically castrated, that is more of a reason to not do it. If all people were audited for taxes, or if all politicians were held accountable and actual saw some sort of punishment against them for their actions this would be a much different country.
Unfortunatley that is the part that is the hardest for our justice system. We have become so emotional that we don't realize that the hurt or the hardship caused by punishment for a crime is in most cases a good thing for people. I don't know the case loads mentioned above, but the argument could be that those types of people (typically addicted to the criminal rush or sexual rush, and I dont mean the 17 year old who slept with 15 year old girlfriend) need structure. They need to feel the consequence and the wait of everyone of those rules to understand the severity of their actions.
Now when the rules are too harsh, we are looking at a problem with the system itself, but in order to take actual note to its need for reform, we have to first abide by the rule and get the evidence to prove that such a rule should not be in place.
But offenders MUST know that their is punishment for crime and they should never have it in their head that, "If I get a Johnny Cochran, or a great attorney or if I plead insanity, I can get off"
But there are so many things wrong with our justice system, that by the time I was a senior
HashiriyaS14 wrote:
Hit people where it hurts, their finances. If minor crimes were punishable by, say, garnished wages for two decades rather than thirty days of prison time, methinks people would think twice.
nice concept, but socially speaking the people with lesser money are more likely to end up in prison or jail. Garnishing their wages, if they even have a good job, would only contribute to their chances of becoming repeat offenders. Income, environment (type of community), and age rank high on the demographics for violent offenders. These people are typically committing financial crimes already and because our social programs are also crap, we can easily leave them with nothing to go back to but crime as a way of survival. Like the thief who steals to eat or feed his family...who's fault is that because contrary to popular belief he can't always, just get a job.