Crime and Punishment?

[Sgent29]

The recent poll on the death penalty got me thinking ....

In the U.S.A. we have a higher percentage of our citizens in jail than Stalin ever did, we have more crimes committed every day, and the crime rate as a whole is increasing. At the same time, our politicians are increasing jail times while under funding the court systems, alternative diversion systems for drug crimes, etc.

So... What do you believe the purpose of the criminal justice system is?

I have picked an especially egregious case to make you think , but am interested in the boards' views.

 

[seebs]

I think there is some combination of all three of these motives in most of us.

 

[Shane Roach]

The recent poll on the death penalty got me thinking ....

In the U.S.A. we have a higher percentage of our citizens in jail than Stalin ever did, we have more crimes committed every day, and the crime rate as a whole is increasing. At the same time, our politicians are increasing jail times while under funding the court systems, alternative diversion systems for drug crimes, etc.

So... What do you believe the purpose of the criminal justice system is?

I have picked an especially egregious case to make you think , but am interested in the boards' views.

I'm not sure any of what you just said is true. Also, most people who work in the criminal justice system seem to agree with Seebs in that there is some combination of all those things in the functioning of the justice system. My father, who is the D.A. in my home town and county, even went to a continuing education class that says as much.

 

[FadingWhispers3]

Add one more option up there: maintaining social order. If a law requires that someone found guilty be punished a certain way and yet a person who is guilty is not punished, this will have an adverse effect on the trust people have for the law protecting them. Retribution implies that there is something to be gained for those directly associated with the victim and so does not cover this which is to be gained by society as a whole.

 

[Dragar]

I consider it as partly a deterrent (and a poor one) and partly as rehabilitation (again a poor one). I would rather it focus on the latter.

I think the reason it functions so poorly is because most people demand the first of the options – revenge - from it, rather than anything else.

Dragar

 

[Shane Roach]

I consider it as partly a deterrent (and a poor one) and partly as rehabilitation (again a poor one). I would rather it focus on the latter.

I think the reason it functions so poorly is because most people demand the first of the options – revenge - from it, rather than anything else.

Dragar

I think the power of laws, enforced consistently, to deter crime is much undervalued in America. All our studies have to do with looking at ourselves or other western nations, all of which have fairly decent legal systems. Look at places with poor legal systems and voila, there is the rampant crime.

The bottom line seems to be that power has to be put into the service of decency and good order, or else everything else just sort of deteriorates.

 

[bliz]

Actually the crime rate has been on the decrease in the United States for sometime now. Even drug crimes are on a slight decrease. Youth on youth crime is slightly up, but all other crime is down.

 

[Sgent29]

Although crime did come down for quite a few years from their height in the early 90's, there has been an uptick in the last 3 years in the FBI index of violent crime.

I agree more poll options should have been given, but I don't know how to change it now.

 

[Buzz Dixon]

The first things the criminal justice system is supposed to do is to identify and detain violent criminals and felons who steal, thus preventing them from committing more crimes right now.

The second thing should be to provide an opportunity for pentiance, so that those who have committed crimes but are capable of receiving moral correction may do so and hence return to society.

The third thing is to identify career felons and permanently isolate them from society.

The fourth thing is retribution, both for society at large and for those whom the criminal has hurt.

 

[Azna]

How about none of the above?

The justice system is to enforce societal morality.

mo ral i ty (mõ-ral2<=-tT, mô-) n.
1. The quality of being in accord with standards of right or good conduct.
2. A system of ideas of right and wrong conduct.
3. Virtuous conduct.
4. A rule or lesson in moral conduct.

crim i nal (kr<=m2õ-nõl) adj. Abbr. crim.
1. Of, involving, or having the nature of crime.
2. Relating to the administration of penal law.
3.a. Guilty of crime. b. Characteristic of a criminal.
4. Shameful; disgraceful

jus tice (jîs2t<=s) n.
1. The quality of being just; fairness.
2.a. The principle of moral rightness; equity. b. Conformity to moral rightness in action or attitude; righteousness.
3.a. The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law. b. Law. The administration and procedure of law.
4. Conformity to truth, fact, or sound reason.

A + B = C.
Law (morality) + disobedience of law (crime) = punishment for said disobedience (justice).

Retribution, Rehabilitation, and Deterance are subsidiary.