Posts Tagged ‘Boston Bombing’

Society, and the Judicial System

May 17, 2015

I’ve been commenting about the decision to execute Tsarnaev for his part in the Boston Bombing case. I’ve read other comments about Charles Manson and similar ones that have to do with a different aspect of our system: correction, or punishment?
My first post was about society’s responsibility to remove a danger to society. This time I’ll look at a different aspect: punishment, or correction?
‘Punishment’; what’s the purpose? Think about it for a moment.
We punish children. Why? Consider that too.
Is it done to correct a person’s behavior, or is it a kind of societal revenge? Manson and Tsarnaev harmed our society, so we must have vengeance? Neither will be, probably cannot be, ‘corrected’. They’re a danger to the rest of us.
The main problem with correction is that we don’t have a way to ensure that it happens. Prison doesn’t do it. Far too many come out worse than they went in. Death won’t do it, because the person executed is permanently removed, not ‘corrected’. Society is safer, but that’s it.
Those who favor the death penalty believe that it provides both revenge and conditioned avoidance, in that it will frighten others from doing what got the convicted one executed.
I don’t see that working. Are there fewer crimes in Texas? That’s the state with the most executions, yet murders and crimes of violence still happen there.
How about long years in prison? A judge was convicted recently of selling people, including children, to a private prison company to be locked up. He got 28 years behind bars. If he survives, he’ll be an old man when he gets out. Will this encourage others not to become corrupted? Will he be ‘corrected’? To what end? Can he become a productive member of society when he gets out?
This same question applies to anyone who is incarcerated.
The number of people in prison or awaiting execution in the US tells me something different: our society has failed, is failing.
Too many of our people are exploited, hopeless. They see no better future ahead, just work, be exploited by the neo-nobility until they finally die. And their children will fare no better. They rebel.
To me, the cause of our societal problem is uncontrolled capitalism and corruption. There’s more to it than that, but it’s where the rot starts. Religion plays a part too, as does a kind of faux patriotism. Taken all together, it’s an unholy mix.
It’s a failure. We can do better. And we should. We must, or it will only get worse.
While you’re muttering ‘communist!’ at me, think about sports.
Football and basketball are good examples.
“If you ain’t cheatin’, you ain’t tryin’.” Ever heard that?
The New Orleans Saints put a bounty on opposing players. Cheating. The coach got a year’s suspension, now he’s back. Tom Brady is facing suspension for cheating, but it won’t be a heavy one. Why? Both men are draws, moneymakers. And professional sports is about money, not sportsmanship. Basketball? Even notice why it takes so long to finish the final few seconds of a close game? Deliberate fouls, deliberate breaking the rules. Cheating. Two or three free throws, no problem. Fifteen yards penalty for deliberate cheating, holding a defenseman or a wide receiver, no problem. If you ain’t cheatin’ you ain’t tryin’.
And oh, the uproar when ‘fans’ hear that their team is moving to another city! More false patriotism, in a sense.
My team right or wrong is pretty similar to my country right or wrong. We never seem to ask why we shouldn’t make both right instead of blindly supporting their wrongs.
Back to ‘justice’. How do we ‘correct’ early offenders? The judge scolds them, gives them ‘probation’. Over and over again. It’s expensive to lock someone up, you see. And they have no money to pay fines. As for the economic conditions that caused them to act out, nothing is said about that. Nothing will be done in Baltimore or Ferguson, either. Rioters will be scolded, most will be released, maybe a few policemen will get fired, nothing changes.
And unless we force it to happen, nothing will change.
Oh, and that youthful offender? Probation, probation, a short lock-up in a juvenile prison (maybe), until he grows up…then lock him up forever.
Or execute him.
After all, he got due process. Right?

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