|
Socialization is a part of every child's development. In fact, we even socialize our pets. "Don't shit on the rug. Don't steal cookies. Don't steal that toy from little Johnny, and Johnny, don't hit." As we grow older, we learn that there are good reasons behind these strictures that we all accept on our behavior. We don't steal things. We don't hit people. We don't kill people. These are strictures that we all- or most of us- accept as the price of being part of human society. We look down on societies where these things are condoned, or overlooked, and criticize our own society when we condone or overlook them- and, I say, rightly so.
What I'm arguing here is that criminals are not properly socialized. Now, the reasons for that vary a great deal- some might have had problems in childhood, some might just not have the emotional makeup to accept these strictures, some might be victims of diseases, or injuries, or genetic defects that cause them to have mental and emotional problems that prevent them from understanding these strictures and abiding by them.
Some of these people- in fact, looking at the number who have been caught up in the "war on drugs," which we have wasted more money and more peoples' lives on than has any sort of reasonable justification, IMHO- can be taught to accept these strictures. Some cannot. The ones who can, should be- and they should be viewed as mentally or emotionally ill, and treated accordingly. This is not a matter of someone making a choice- it is someone acting based on incorrect understanding of the necessities of human society. And as for the ones who cannot, they are ultimately victims of society. To "punish" them is nothing but revenge- for something that, if they had the capacity, they would not only deeply regret, but that they would never have done in the first place.
Punishment of a child or a pet is behavior modification therapy. For the best results, it must be rare, and positive reinforcement must be common. It cannot be nonexistent, particularly in the case of a being whose safety one is responsible for; dangerous acts must be discouraged. This is punishment. If the goal is not behavior modification, the only other ethically justifiable goal of incarceration is to separate an individual from society, for the protection of members of society. Any additional unpleasantness is nothing but revenge, and revenge is futile, not to mention ethically unjustifiable and morally reprehensible.
I therefore have no hesitation in marking people who believe that "punishment" is a goal of the criminal justice system as morally repugnant. The goal is either behavior modification, or separation for the protection of society's members. This is the difference between true punishment, and simple revenge. So the question is, will we stand up for justice, or will we settle for revenge? I choose to stand for justice, and for the protection of society, and for the rehabilitation of what criminals can be rehabilitated. Not for revenge. I don't want any of my tax money spent on revenge. Do you?
Now, there is one remaining issue. People who have been harmed by the actions of a criminal want revenge. It's a common human failing. We teach that it's understandable, and in some peoples' idea of how society works, the government is a proxy responsible for getting this revenge. I rarely see this acknowledged or admitted in these discussions; people skirt the issue all the time, because the natural reaction to it is to think of a loved one being injured or killed, or oneself being injured or killed. And when we think of that, we are frightened, and we become angry as a result. This is well-known; anger is ALWAYS the result of fear. Our instincts militate toward this response, and we see it in the natural world all around us. And in the context of ongoing danger, this is probably an appropriate response. But when society acts to curb these peoples' actions, is it appropriate any more? Is it appropriate for a family member to sit in court and work for their revenge against the killer of their loved one? Who gets hurt by that? Will killing the killer bring the loved one back? Sure, the killer won't kill again- but most likely, and far more likely if we stopped focusing on revenge and focused instead on rehabilitation, or permanent separation of the individual from society if they could not be rehabilitated, they won't anyway. A killer not being put to death is not an injustice- and a killer getting out to kill again is also not an injustice. It is a failure of society to properly understand the problem and deal with it. I want the problem understood and dealt with.
Here is my proposal: criminals will ALL be subject to rehabilitation therapy. There will be no set end of a period of incarceration, though there may be a minimum. No criminal who has not demonstrated the tools to deal with society on society's terms will EVER be released. Antisocial behavior in prisons will not be tolerated- anyone who engages in it will be removed from the general population, not to return until they have demonstrated sufficient social skills to be able to do so without causing problems; whether that means solitary confinement, or confinement in an extremely prohibitive environment with others who have the same problem, will have to be decided. Release will be a privilege granted under temporary supervision until the individual has demonstrated they will obey the strictures of society. Criminal records will all be sealed- without exception. But if the individual fails to abide the strictures, they will be reopened- IN COURT, and IN COURT ONLY.
We are not about punishment, other than to modify behavior. We are about the maximum number of people enjoying the maximum amount of freedom, with the stricture that no one may infringe on another's freedom. When our criminal justice system becomes about behavior modification, and stops being about getting revenge for the victims and their families and friends, then we will have succeeded. Until then, we are failing. And our tax money is being spent on it.
Think about it.
|