But the change can't stop after that one case, either. I also don't think Polanski has actually been screwed over by any system (he screws the system over), but I guess that's a different issue.
Um, no, jail in and of itself doesn't achieve education. I didn't say that. That's why I said rehab should be part of prison - as in, education IN prison. Some systems have it, most don't (or at least don't make it available or required for everyone in prison, which defeats the purpose).
But I don't think most people who are endangering society will sign up for education if it's a choice, which is why there needs to be some sort of enforcement measure. Should it necessarily be putting them in a brick building surrounded by wire fences? No. But it needs to be enforced somehow (shunning is not effective either). It could mean house arrest, if we figure out an effective way to do it. It could mean public stocks, though that doesn't seem very humane either. But it can't just be "salvation here if you want it, otherwise go home and go back to your life" because not everyone will take salvation. They might just keep on killing people. Prison is just an easy way to make somebody do something, but unfortunately they're not presently used to make anybody do anything that would help any situation. Enforcement, however, is necessary.
If they're not endangering society - if they're not taking away someone else's rights - they shouldn't be breaking the law. Period. If there are truly laws that punish people who are not endangering society/taking away other people's rights, then those laws should be stricken, imo.
I also think that society needs to constantly and seriously debate why people are breaking its laws. Maybe we all need more truth commissions. Maybe there's something wrong with the law, or something wrong with society, or some aspect of some societal system needs to be improved. That's what's not happening enough. If there's something wrong with the law, get rid of it. If there's something wrong with society, fix it and good luck. But as long as the law stands, it needs to be enforced.
What do you mean by dealing honestly with them? What are these other forms of communal enforcement? Would they be applicable in a large state, or do they only work in small communities? Would it be a community-by-community system? What if the community chooses a more inhumane or arbitrary system?
no subject
Date: 2009-09-29 04:55 pm (UTC)Um, no, jail in and of itself doesn't achieve education. I didn't say that. That's why I said rehab should be part of prison - as in, education IN prison. Some systems have it, most don't (or at least don't make it available or required for everyone in prison, which defeats the purpose).
But I don't think most people who are endangering society will sign up for education if it's a choice, which is why there needs to be some sort of enforcement measure. Should it necessarily be putting them in a brick building surrounded by wire fences? No. But it needs to be enforced somehow (shunning is not effective either). It could mean house arrest, if we figure out an effective way to do it. It could mean public stocks, though that doesn't seem very humane either. But it can't just be "salvation here if you want it, otherwise go home and go back to your life" because not everyone will take salvation. They might just keep on killing people. Prison is just an easy way to make somebody do something, but unfortunately they're not presently used to make anybody do anything that would help any situation. Enforcement, however, is necessary.
If they're not endangering society - if they're not taking away someone else's rights - they shouldn't be breaking the law. Period. If there are truly laws that punish people who are not endangering society/taking away other people's rights, then those laws should be stricken, imo.
I also think that society needs to constantly and seriously debate why people are breaking its laws. Maybe we all need more truth commissions. Maybe there's something wrong with the law, or something wrong with society, or some aspect of some societal system needs to be improved. That's what's not happening enough. If there's something wrong with the law, get rid of it. If there's something wrong with society, fix it and good luck. But as long as the law stands, it needs to be enforced.
What do you mean by dealing honestly with them? What are these other forms of communal enforcement? Would they be applicable in a large state, or do they only work in small communities? Would it be a community-by-community system? What if the community chooses a more inhumane or arbitrary system?