The United States is considered the global leader of economy, foreign investment, technology and military power. Yet at the same time, our nation incarcerates a higher percentage of its citizens than any other in the world. One would think the leading superpower would do a better job with crime and justice within its own borders for its own citizens.
The symbol of the justice system is Lady Justice. She is blindfolded so as to be objective and impartial, without favoring identity of wealth, power or any other factor. She holds scales to weigh evidence, impartially and on its own merit. She also holds a sword representing punishment.
One of the concepts I recall from studying criminal justice many years ago was that in order for punishment to be an effective deterrence, it must be swift, severe and certain. Unfortunately, American justice has become anything but.
Criminal prosecutions are all but certain. Despite the best efforts of law enforcement to solve cases and apprehend those responsible, criminal cases are not always pursued. The vast majority of cases are plea-bargained for greatly reduced charges. The process is by no means swift. Even simple cases can take months or years to resolve. Complex, serious crimes can take much longer to wind their way through the courts. Where a conviction is obtained and punishment is given to the offender, it is most often far less than the law always. Due to prison overcrowding and initiatives such as California’s Proposition 47, more offenders are spending far less time incarcerated. Those who do serve actual prison time emerge more hardened, connected and willing to continue committing crime than when they went in.
Unfortunately, justice is also recognized as being disproportionately administered depending on the class, status or vocation. Equal crimes should not result in unequal consequences. It’s not hard to immediately think of examples where the punishment did not fit the crime, both to the advantage and disadvantage of person who committed it.
The most common strategy to address crime is to pass more laws making more activities illegal. The rational is that by adding additional ‘crimes’, criminals will be deterred from illegal acts. In reality, it only turns innocent people into criminals and fewer actual criminals are punished for the crimes they do commit.
The result for those who choose to break the law is they have very little fear of the law, law enforcement, the courts or any potential punishment. They know they must be treated properly by law enforcement and if their case ever does get to court and a conviction obtained, the punishment will be more of a temporary inconvenience than a deterrent. Sadly, our system affords criminals more rights than their victims.
The only remaining element a criminal has to fear is from their potential victim. Yet current and proposed laws make it increasing difficult or impossible for the average, non-privileged citizen to protect themselves, their family or their property without becoming criminals themselves.
Dealing with crime by increasing the volume of criminal statutes is not the answer. To reduce crime you have to solve the underlying causes of it. That means dealing with education, poverty, mental health, race, drugs, family, equality and politics – the problems our citizens must cope with every day.
Will we ever stop all crime? Of course not; free will gives us the ability to choose our own path, lawfully or not. But it doesn’t mean we don’t work on the primary causes or correct the justice system by vigorously enforcing the laws we already have to their fullest extent. It also means we don’t eliminate the right of individuals to protect themselves and their families from those who have very little to fear from our criminal injustice system.
Bob
#oddstufing, #crimeandpunishment, #criminalinjustice #victimsrights