Guess who's going to disagree with this...!!
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Originally Posted by Ramrod
Interesting (long) article
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Which has, at its core, the idea that punishment is more important than rehabilitation. Let's look at some of the things it says:
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Padel and her daughter have the moral right and perhaps a spiritual obligation to forgive the muggers. They do not have the moral right to abrogate the communityâ₠¬â„¢s obligation to punish wrong behaviour.
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Excuse me? What is this *obligation*? And what gives the author the right(!) to say that someone else does not have a particular "moral right"?
The woman involved says: †œI want them to stop robbing people, thatââ‚ ¬Ã¢â€žÂ¢s the bottom line . . . In an ideal world I would like them to be made aware of the impact theyââ‚ ¬Ã¢â€žÂ¢ve actually had on my daughter and, ideally, apologise.âââ€Å ¡Ã‚¬Ã‚ÂÂ
Now is this *that* far removed from the "retributive justice" that Charles Murray proposes? He suggests that, eg graffiti artists should be made to clean walls and benches, well that's fine by me, society benefits from it.
But, as I've mentioned before, some criminals, when faced with their victims (with, of course, the victim's consent) realise that it's not just "a victim", it's a *real person* that they've hurt and someone who, in other circumstances, could be their friend/ sister/ partner whatever.
Being made to do this and apologise (and not just a simple "oh, sorry..." dismissal) can be a very effective way of putting them off committing further crimes.
If Mr Murray wants "just desserts" maybe he should arrange for a mugger to be mugged themselves, or have their cell phone taken away etc
He continues:
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last week I argued that the criminal justice elites in England resist get-tough policies on crime, and that this opposition explains why the practice of criminal justice has changed much less than the flurry of new legislation and policies would lead one to expect.
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Because the "criminal justice elite" in England have heard plenty of these "get tough" noises from governments before, be it "tough on crime, tough on the causes of crime" or "short, sharp, shock" and they have seen that whilst political slogans are all very well, these policies just *don't* work.
We have *more* people in jail than ever before, yet violent crime is still rising. So *something* isn't working.
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The reality is that nobody is smart enough to get justice right when attempting to balance the factors that progressive justice tries to balance.
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However he advocates a system of "just desserts" that seems to rely on someone being "smart enough" to get it right so it is "just" but not excessive! He carries on by saying how Judges have very little time to decide what is a "fair sentence" but then he appears to want a "blanket sentencing policy" that will give someone their "just desserts"! Talk about wanting to have your cake and eat it!
(Kant's "thought experiment" he gives is, IMO, nonsensical. *Why* is this island society going to "disband tomorrow"? Spurious logic states that if you start from a fallacious premise you can prove anything you want to. That assumption sounds fallacious to me!)
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for practical purposes, society can be divided into citizens and outlaws. In conflicts between them, the law should favour the citizens.
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More nonsense. *Everyone* is a citizen. They are *all* entitled to the same protections otherwise we have a divisive society be it one law for the rich, one for the poor, or how about one law for the whites, another for the blacks?
If we call ourselves civilised we should *act* civilised, even to those who don't act according to our civilisation's tenets, otherwise we are no better than them and, at worse, hypocrites.
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The progressive view of justice vehemently rejects this notion, starting instead from the premise that we are all sinners.
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Oh dear, he's trying to put words into other people's mouths! By his argument I am in favour of a "progressive view of justice", but I don't think that "we're all sinners" nor do I justify my arguments with this! More spurious logic.
(I note later how he favours the "Tony Martin" system of justice, something I've written much about elsewhere, so I won't do again here.)
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The state of being an outlaw also implies reduced rights during the judicial process. The principle to be upheld is that the judicial process is not a game but a solemn search for the truth
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Well, first of all he'd have to completely re-write the English legal system, because it is *not* a "search for the truth", but requires that the prosecution *prove* guilt.
He then goes on, however, to suggest that this "solemn search for the truth" should allow previous convictions to be mentioned *before* sentencing which is an open invitation to subjectivity not objectivity! "If he did it before, he's likely to have done it again" thinks the tabloid reading juror.
Do I trust "juror's good sense"? Hell no! I wish everyone could be as objective as I try to be, but the baying mobs outside courthouses when someone is about to be tried for paedophilia, or those who want to hound Maxine Carr when she didn't have anything to do with the murders that Ian Huntley committed, or those who beat up a paediatrician show just how little "good sense" too many people have.
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If we admit prior criminal records in testimony, are we not conflating the defendantâ₠¬â„¢s character with his guilt for the crime in question? In the case of defendants with many prior arrests and convictions, yes ††but this is a virtue, not a defect.
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A "virtue"? It matters not whether the defendant *committed* the crime, it matters only that *someone* is punished for it! (Of course it also means that the person who *actually* did it has just got away scot free!!)
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As the debate stands, citizens are in effect held hostage to threats by the outlaws (ââ‚ ¬Ãƒâ€¦Ã¢â‚¬Å“If you put me in prison, Iââ‚ ¬ÃƒÂ¢Ã¢â‚¬Å¾Ã‚¢ll just become a worse criminalââ‚à ƒ‚¬Ã‚ÂÂ).
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Which is, regrettably, very often the case. Unfortunately the system that he advocates will most likely only make things worse, not better.
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Retributive justice is not only simple in concept, it is simple to implement.
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It is not simple in concept, it is *SIMPLISTIC*. It seems to think that by casting a big enough net you can catch anything you want and, somehow, by that token, it is "fair". The word "naiive" comes to mind.
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In the first half of the 20th century Britain had one of the freest societies ever created, and at the same time one with such extraordinarily little crime that the civility of British life was an international clichÃÃâ€*’©.
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Really? So why doesn't he quote figures from *before* 1954? Should we just take it as read that he's right? Well I'm not going to.
The fact is that, even up until the middle of the 20th Century, we lived in a society that was very different from the one we live in now. For him to compare that with the start of the 21st century and try to draw conclusions is about as sensible as comparing apples and oranges.
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By any realistic measure, British criminal justice was superb. Its philosophical core was what I have been calling retributive justice, applied consistently and without apology. Isnââ‚Âà ‚¬ÃƒÂ¢Ã¢â‚¬Å¾Ã‚¢t it time for its return?
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And here we have the classic conclusion: things were better in the "good old days" so, to make things better now we need to turn the clock back.
Well, Mr Murray, to quote Omar Khayaam:
The Moving Finger writes; and, having writ,
Moves on: nor all your Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all your Tears wash out a Word of it
You may wish for the "good old days" back again, but your solutions have to deal with the world *now* and the world has moved on, so either join with the rest of us who are looking for answers for the *future* or be fossilised with the dinosaurs.