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This is an open letter for those whofeel like sending me hate mail...
Although the vast majority of my mail is extremely supportive,
every once in a while, some of you feel compelled to send e-mails
which accuse me of everything up to and sometimes even including
being a female Marque de Sade or nazi. I have to assume that quite
a few of those who don't write me feel the same way; but, just don't
bother to express their opinion. Since some of the issues which are
raised would have some validity, if they applied, I've decided to put
together this page for you. Also, those who support my ideas might
find it useful for countering some of the same reactions, which they
might encounter when discussing these views with their friends and
acquaintances...
Before I get into a discussion about some of the more commonly
raised objections, I would like to state that I am most definitely
NOT a sadist, in any sense of the word. While I'm at it, I'm not
any sort of fan of the nazis (or, any similar groups), either. What
I AM is a pragmatist who has known enough former offenders, inmates,
and crime victims over the years to be able to view all of this in
much the same way that a dentist or physical therapist views the
forms of pain which are an inherent aspect of their fields. As
strange as it may sound to some of you, my goal is to ultimately
REDUCE the amount of pain which people go through, rather than any
sort of joy in inflicting it. In a utopian world, none of this
would be necessary; but, we all have to live in the real world,
instead. Some of you may not be as well versed in just what that
"real world" consists of; but, perhaps you'll find this page to be
something of "an education..."
A common objection is that using pain as a punishment is "cruel"
or "barbaric." In comparison to much of what happens to people who
are in prison, at the hands of other inmates, this assertion really
is absurd; but, probably based upon a lack of understanding of all
which occurs to people while they are in prison (especially to those
who would be the least deserving of any mistreatment.) Those of you
who raise this objection would be horrified by the following: "Let's
sentence people, especially the least violent of the offenders, to be
routinely raped, have their teeth knocked out so that they could more
easily be forced to perform oral sex acts. If they try to resist,
let's knock out a few more teeth, break a few ribs, rearrange their
nose a bit, etc... If they show any identification with to the staff,
let's beat them within an inch of their lives, maybe stab them with a
homemade knife, just to make sure that others don't commit this type
of betrayal... While we're at it, let's strip away most of what they
might have had out in the free world and make darned sure that it's
extremely hard for them to rebuild a life when they get out..." This
sounds FAR worse than what we're advocating; right? Unfortunately,
that's pretty well what most people face when they enter prison. The
only way they can defend against such mistreatment is to very quickly
become violent themselves and / or seek refuge with one of the prison
based gangs.
This leads into the next objection which is commonly presented;
but, first, I'd like to point out that under the system we advocate,
the inmate has absolutely no contact with any other inmate after they
are sentenced. Even though the punishment they face is unpleasant, it
occurs under tightly controlled circumstances and nothing beyond their
sentence will happen to them. If they happen to make things worse for
themselves, by choosing to try to fight, it's only in a very specific
way, which they have had prior warning about and which they cause to
occur through their own actions (being strapped down onto a gurney,
instead of being relatively upright on the usual inclined frame which
is commonly used.) Even if they are being sent to an in-patient
treatment program for substance abuse, most will be hope in plenty of
time to be able to salvage their family relationships, educations and /
or jobs, personal property, etc.
The next most common protest I get is that of: "Violence breeds
violence!" While I agree that this is true, I disagree with the
opinion that this proposed system is violent. The term "violence"
implies an intent to harm, which is entirely absent in this plan.
Going back to my earlier analogy, only a fool would (seriously)
argue that a dentist pulling a tooth or doing a root canal was
being, in any way, "violent," even though these procedures cause
a lot of pain for the person who is undergoing them. An equally
appropriate analogy I commonly use in training staff is that of a
situation where you are hiking with a friend in the mountains, miles
from nowhere. Your friend falls and his or her leg is broken. You
have the choice between leaving them to try to go get help or setting
and splinting the leg so that you can help them get to safety. If you
leave them, you run the risk that they'll become "dinner" for one of
the local bears or mountain lions. If you set the leg, with no form
of anesthesia available, and help them to get back to civilization,
they'll go through one heck of a lot of pain in the process... Where
some of us differ is that we find the idea of leaving this person to
"the forces of nature" unthinkable; and, as the result of that, would
proceed to set the leg, regardless of any screams of pain or demands
that we stop. Others of you would be so "soft hearted" that the local
wild critters would enjoy themselves a tasty meal and a full belly,
compliments of your friend...
Just for the sake of this discussion, though, let's redefine the
term "violence" to include any sort of intentional infliction of pain.
Even using this definition, the results of this proposed system would
be far less "violent" than is the present one. As pointed out in the
previous discussion, prisons are inherently violent places, with the
more predatory inmates victimizing any which they perceive as being
"weak" or otherwise vulnerable. The fact that these elements were
not specifically mandated in the sentence is irrelevant; but, that
leads into the next objection...
The next most common objection which is raised goes along
the lines of a theory that the use of corporal sentencing somehow
"lowers" a society to the same level as the people whom they are
attempting to deal with. Given the fact that we don't live in a
world where we don't need any laws, it's necessary to impose
consequences for breaking the laws which we see fit to enact. For
any such consequences to be effective, they must be sufficiently
undesirable to make the behaviors for which they're imposed seem
less attractive than what they, otherwise, would be. Just because
we currently use a system which allows most people to feel as if
"their hands are clean," does NOT mean that they really are... To
support a system in which people are routinely and capriciously
abused by other inmates and / or one which does little to prevent
crime is to support ALL which occurs as the result of that system.
An analogy which I use in my book is that of a person who has an
unwanted pet which they can't find another home for. They're too
"soft-hearted" to take this pet to the vet or the pound to have it
put to sleep; so, they take it way out into the country, let it out,
and drive away -- comfortable in their fantasy about some farmer
taking the animal in and it enjoying a good life full of romps in
the fields. Mean while, the abandoned pet is stuck with the reality
of a situation which is anything BUT pretty... Those of you who've
spent any time in the country don't need to be told what happens to
them; but, for the benefit of those people who've never gotten off
the highway which runs between metropolitan areas, here are a few
of the details... The strongest of the dogs will generally wind
up joining packs of similarly abandoned or feral dogs. Diseases
are rampant and what little they get to eat comes from hunting in
packs, which will commonly include both local small livestock and
weaker abandoned pets. Rather than "taking them in," most farmers
will just shoot them on sight. If they're lucky, the farmer's a
good shot; if they aren't, they wind up suffering a lengthy death
from infection or starvation, assuming that they aren't eaten by
the others first... I don't care how many sofas they've shredded,
how hard they were to housebreak, or even how many times they tried
to bite the mailman, no animal deserves such a fate. At the risk of
sounding crass, I can think of a few humans who would; but, for the
most part, they aren't the ones we're addressing at this point. I
doubt seriously that any of you would feel that the person who dumped
this animal didn't bear the full weight of responsibility for every-
thing which subsequently happened to it; but, many who would support
that point strongly fail to see that a society who places its non-
violent offenders into an environment where they are virtually certain
to be preyed upon has no "cleaner hands" than does the aforementioned
pet owner. In both situations, unwanted behavior is responded to with
consequences which were far worse than the alternative, just so there
could be some fantasy of mitigated responsibility...
Taking the pet analogy one step further, let's consider a case in
which a pet does bite the mailman... Of course np one would argue that
both the pet and its human counterpart were both to blame; but, this
principle seems to get lost when the situation becomes one of the
victim being, instead, some citizen who has just had their car stolen,
a shop owner who's going under because of the high rate of shoplifting,
the victim of a drunk driver, etc. When a society fails to deal with
its criminals in an effective manner, it must share a portion of the
moral responsibility for the victims which result from that lack of
effectiveness.
Another common argument is that we should seek to rehabilitate,
rather than to punish. While I'm adamant that rehabilitation is
absolutely essential; without consequences for the unwanted behavior,
it's an exercise in futility. People don't change without a darned
good incentive to do so. Short of the ludicrous idea of of paying
these people the cost of incarceration to stay out of trouble (yes,
this has actually been suggested to me, a number of times!), having
very unpleasant consequences in place for actions which we deem to
be criminal is the only way of limiting those actions. While the
former might even work with a tiny percentage, the latter works with
many more people and doesn't have the disadvantage of encouraging
others to become involved in that behavior.
The best rehab. program in the world amounts to flushing money
down the toilet if the person has no interest in changing. This
unfortunate fact has put many such programs in danger of losing
their funding. The trend today is moving in the direction of just
"incapacitation" of the offender; and, given the current success
rates of many prison based programs, the substitution of corporal
sentencing might very well be the last realistic hope for many of
these programs. Not only would it make them FAR more effective,
as the result of making these people a lot more motivated to fully
utilize them; but, a significant amount of money could be diverted
into them, as the result of the much shorter amount of time which
these people would spend in custody.
Sometimes, a person concedes to all of the previous points;
but, still feels a lot of resistance. When this happens, it's
not unusual for them to abandon their facade' of concern for
the offender and launch into a tirade which amounts to admitting
that they really couldn't care less what actually happens to them,
as long as they don't have to be a party to it; or, equally as
unrealistic, that we should just, somehow, "fix" the prisons.
Anything short of a totally "locked down," isolated environment
would fail to prevent inmates from being preyed upon by fellow
inmates and eliminate the prison sub-culture, of which that is
a component. Not only would this be extremely expensive; but,
if used for significant periods of time, would result in a lot
of folks "going off the deep end." The improvements in the
classification systems, which have occurred in recent years,
have helped to some extent; but, they fail to do much to break
down the upside down social structure which is an inherent aspect
of prisons and which is a major component in prisons amounting to
"higher educational institutions of learning bigger and better
techniques for crime."
What follows is copied from the page directedtoward attornies ans judges; but, it's alsorelevant here; so, I've included it...
1) This form of sentencing can be carried out in a limited
amount of time, allowing the offender to retain his or
her job. The expedites the payment of restitution to
the victim, reduces the burden upon the taxpayer both
in terms of a reduced cost of punishment and a reduced
likelihood of having to support the offender's family
while he or she is incarcerated.
2) There is only minimal impact upon the offender's family
situation. If the person is a single parent, it is far
more likely that (s)he will be able to find someone to
care for any dependent children, for the few days which
this form of sentencing requires, than it would be if
they were to be away for months, or even years.
3) The victim, if one exists, may be present while the
corporal portion of the sentence is being carried out --
permitting more of a sense of closure to the crime
than that which is possible if the offender were sent
to prison.
PARTYING???
If you're going to be driving to a party
read this before you go!
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