middleagedgamer
DP Veteran
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Ok, I know what you're thinking, and no, that is not what I'm suggesting.
The punishment must still fit the crime. However, it should also fit the person.
You've probably heard about such things as prison rape. You've also know that there are a lot of repeat offenders. However, as far as I'm concerned, "repeat offender" is a polite way of saying "the system isn't doing squat for this guy."
The bottom line is that criminals come in just as many shapes and sizes as people in general do. Different punishments have different levels of effectiveness for different people. For some, incarceration, and the boredom they experience in jail, is all the punishment they need. Some are genuinely sorry for what they did (maybe even minutes after doing it), and thus, probation is a sufficient punishment.
However, there are some who either don't care about being incarcerated, or maybe even like it. They don't think of it as a punishment; they think of it as "hey, now the state's gonna pay my living expenses?! Neat-o!"
Those who engage in prison rape are the best cases for the ineffectiveness of the current penal system. They commit crimes while being punished for their old ones, and better yet, there are cameras that typically pick this stuff up, and they don't care. They seriously don't care about the immorality of their actions!
However, imagine if an expert in Krav Maga got a little overzealous protecting his girlfriend, and was sent to prison for a few years for almost killing a person... because almost killing him wasn't necessary, and in this state, you're only allowed to use as much force as is necessary to defend yourself, and not any more. So, he's in prison now, but he's one of those guys who will rehabilitate on incarceration alone. However, while he's there, he decides to go Batman on their asses, and beat the holy hell out of anyone who preys on the weak, maybe even acting like Batman and holding a rapist by his neck over one of the balconies, re-enacting this scene and telling everyone to leave everyone else alone, because there's a new enforcer in the Pod.
If this Krav Maga guy were to do that, nobody would be messing with anybody else. Prison rape - at least in that pod - would come to a screeching halt while he's there. In other words, physically beating the hell out of people who try to control other, weaker inmates would actually be effective at deterring that particular crime!
So... why don't we officially incorporate that? If you're convicted of, say, threatening or stalking your ex girlfriend, and incarceration or probation proves ineffective, imagine if, for your second conviction, on top of your incarceration, the prison staff is instructed to taze (spelling?) you at least once per day, on top of the tazings they give you at their discretion for breaking prison rules. You'll probably stop stalking your ex when you get out, simply because you don't want the daily tazings anymore.
Corporeal punishment would be at the discretion of the sentencing party (in some states, it's the court; in some, it's the jury), depending on how sorry they think the criminal is for his crime (e.g. whether or not he cares about the damage he caused), and his likelihood to do it again, otherwise.
Thoughts?
The punishment must still fit the crime. However, it should also fit the person.
You've probably heard about such things as prison rape. You've also know that there are a lot of repeat offenders. However, as far as I'm concerned, "repeat offender" is a polite way of saying "the system isn't doing squat for this guy."
The bottom line is that criminals come in just as many shapes and sizes as people in general do. Different punishments have different levels of effectiveness for different people. For some, incarceration, and the boredom they experience in jail, is all the punishment they need. Some are genuinely sorry for what they did (maybe even minutes after doing it), and thus, probation is a sufficient punishment.
However, there are some who either don't care about being incarcerated, or maybe even like it. They don't think of it as a punishment; they think of it as "hey, now the state's gonna pay my living expenses?! Neat-o!"
Those who engage in prison rape are the best cases for the ineffectiveness of the current penal system. They commit crimes while being punished for their old ones, and better yet, there are cameras that typically pick this stuff up, and they don't care. They seriously don't care about the immorality of their actions!
However, imagine if an expert in Krav Maga got a little overzealous protecting his girlfriend, and was sent to prison for a few years for almost killing a person... because almost killing him wasn't necessary, and in this state, you're only allowed to use as much force as is necessary to defend yourself, and not any more. So, he's in prison now, but he's one of those guys who will rehabilitate on incarceration alone. However, while he's there, he decides to go Batman on their asses, and beat the holy hell out of anyone who preys on the weak, maybe even acting like Batman and holding a rapist by his neck over one of the balconies, re-enacting this scene and telling everyone to leave everyone else alone, because there's a new enforcer in the Pod.
If this Krav Maga guy were to do that, nobody would be messing with anybody else. Prison rape - at least in that pod - would come to a screeching halt while he's there. In other words, physically beating the hell out of people who try to control other, weaker inmates would actually be effective at deterring that particular crime!
So... why don't we officially incorporate that? If you're convicted of, say, threatening or stalking your ex girlfriend, and incarceration or probation proves ineffective, imagine if, for your second conviction, on top of your incarceration, the prison staff is instructed to taze (spelling?) you at least once per day, on top of the tazings they give you at their discretion for breaking prison rules. You'll probably stop stalking your ex when you get out, simply because you don't want the daily tazings anymore.
Corporeal punishment would be at the discretion of the sentencing party (in some states, it's the court; in some, it's the jury), depending on how sorry they think the criminal is for his crime (e.g. whether or not he cares about the damage he caused), and his likelihood to do it again, otherwise.
Thoughts?