About
Content
Store
Forum

Rebirth of Reason
War
People
Archives
Objectivism

Post to this threadMark all messages in this thread as readMark all messages in this thread as unreadBack one pagePage 0Page 1Page 2Forward one pageLast Page


Sanction: 5, No Sanction: 0
Sanction: 5, No Sanction: 0
Post 20

Wednesday, June 1, 2005 - 2:04pmSanction this postReply
Bookmark
Link
Edit
Is there a hope of proportionate retribution somehow transforming into degenerate prostitiution? Or any cross-over? I mean, I need ~something~ to keep me engaged here...other than, of course, the sparking wit and cutting insights of the brightest, and might I say, best looking, folks ever to throw their hats into the cultural ring and committing to saving the world, one idea at a time...

Sanction: 5, No Sanction: 0
Sanction: 5, No Sanction: 0
Post 21

Wednesday, June 1, 2005 - 2:13pmSanction this postReply
Bookmark
Link
Edit
Robert,

You got 4 atlas thingies! Welcome to the club (I just got in the other day - and you should have been there before me anyway).

Scott,
... the sparking wit and cutting insights of the brightest, and might I say, best looking, folks...
Hmmmm... If I ever have to do time, you don't sound like a bad choice for a cellmate...

(Sorry for the detour, folks. Back to saving the world.)

Michael



Post 22

Wednesday, June 1, 2005 - 3:00pmSanction this postReply
Bookmark
Link
Edit
Robert,
your anarcho-"system,"
 Common law is not an anarcho-"system" and I am not an anarchist. Common law was the original system of law in the United States and was based on the British system of common law. America has moved away from common law to a horrendous system of legislative law.

As for your example of the thief who steals a purse with ten dollars in it, here you've described an individual who not only steals but willingly relinquishes his rights rather than make restitution. I would lose no sleep over his dismissal from the world.


Post 23

Wednesday, June 1, 2005 - 3:49pmSanction this postReply
Bookmark
Link
Edit
Interesting question here, Bob.

Does a criminal lose rights in proportion to harm done? Or does the mere fact of his criminality mean that he is entitled to have no rights recognized?

If the latter, then in your interpretation of rights, is the petty thief not the moral equivalent of a serial killer?


Post 24

Wednesday, June 1, 2005 - 3:54pmSanction this postReply
Bookmark
Link
Edit
Michael, thank you for the kind words on the 4 little Atlas guys. And congrats on your own collection.

I haven't been around here for all that long, maybe half a year; so I'm pleased that you SOLOists have "sanctioned" me so often. Sometimes these threads are exasperating, but there are many very smart folks here, and they usually have a way of making it all a lot of fun.


Post 25

Wednesday, June 1, 2005 - 4:18pmSanction this postReply
Bookmark
Link
Edit
Robert,
Does a criminal lose rights in proportion to harm done?
No, he makes restitution in proportion to harm done.
does the mere fact of his criminality mean that he is entitled to have no rights recognized?
No, if he makes restitution, he retains his rights
is the petty thief not the moral equivalent of a serial killer?
No, but if he refuses to make restitution, he willingly forfeits his rights.

If such a case as you presented should actually make it to a court, the thief is ordered to make restitution and he refuses to do so, he would be making the willful choice to relinquish his rights. A death sentence such as you postulate is not the inevitable outcome of such a scenario though it is a possibility. More probable, in such a system of justice, such individuals would become pariahs. The serial killer, however, would probably find "open season" has been declared on his life.


Post 26

Wednesday, June 1, 2005 - 4:40pmSanction this postReply
Bookmark
Link
Edit
Robert Bidinotto asks, "What is the proportionate punishment for thread hijacking?"

My defense attorney will argue that I was not engaged in thread hijacking, but was merely giving in to an irresistible impulse to point out absurdity wherever I see it.

JR



Post 27

Wednesday, June 1, 2005 - 5:06pmSanction this postReply
Bookmark
Link
Edit
A petty thief can never be justly killed for a petty crime committed in the past, whether he pays restitution or not. If you kill someone who stole a chocolate bar from you a year ago, you are a murderer.

To look at it a different way, I think that working for the State is, in most cases, just as morally problematic as petty theft. In fact, many State employees contribute to greater rights violations than petty thieves. But I certainly don't think that every public school teacher has sacrificed all his rights.


Post 28

Wednesday, June 1, 2005 - 5:12pmSanction this postReply
Bookmark
Link
Edit
The most important purpose of a criminal justice system, in a libertarian world, would be restitution and making victims whole. It would also minimize aggression. I imagine virtually no prisons. Drug users, gun owners, inside-traders, tax evaders and "seditionists" would all be free. Thieves would pay back what they stole, and perhaps a bit more for the trouble they caused. Violent criminals would have to pay their victims back as much as possible. The worst criminals, like serial rapists, wouldn't last very long in a free society.

Post 29

Wednesday, June 1, 2005 - 6:17pmSanction this postReply
Bookmark
Link
Edit

The Proper Goal of Criminal Justice

The justice system is a branch of government. The nature of a justice system will necessarily be a consequence deriving from the purpose of government.

In my view, put simply, the primary role of government is the PROTECTION of individual citizens from acts which cause harm. The secondary role is to "promote the general welfare" in a way which does not conflict with the first.

What does this mean for criminal justice in terms of the poll questions?  In other words, what combination of the elements of criminal justice would maximize protection and promote the welfare of individual citizens?

Our first priority is, of course, to deprive dangerous and predatory criminals of their ability to harm others, by incarceration. But it seems clear that warehousing criminals in brutal prisons serves to breed even more antisocial people and even more crime.

The first prison reform I'd implement would be the complete destruction of prison cultures and gangs. The prisoner must becomes an individual, and responsible for his or her own future.

I favor the implementation of a methodology which focuses most resources on those whose behavior seems most correctable. I would advocate the use of the best "brainwashing" and re-education techniques--and medications--known to science.

So my priorities would be:
  • Rehabilitation, which would enhance the next element;
  • Prevention of repeat crimes.
Longer sentences and more brutal prisons do not seem to be a particularly good deterrent. In my view, they probably cause more criminal behavior in the long run, which may actually outweigh any putative deterrent value.

I don't see retribution as a fitting motivation. Punishment comes automatically with the loss of one's freedom, and the loss of freedom comes automatically with separating dangerous and predatory people from society.

Which says more to the individual human being who happens to be a criminal: "We want to punish you." Or, "We want to help you be a better human being."

Which attitude stands the better chance of changing a criminal's life? I would urge that prisons foster an attitude and  culture of personal transformation, not retribution.

Restitution is, I think, necessary for any person who is to achieve a sense of personal responsibility. Having said that, I would urge that restitution not be so severe and burdensome as to crush an individual's chance to build a productive life. Partial restitution and a reconstructed life would be better than the alternative.

Nathan Hawking

(Edited by Nathan Hawking on 6/01, 6:38pm)


Post 30

Wednesday, June 1, 2005 - 7:08pmSanction this postReply
Bookmark
Link
Edit
Gosh, Nathan, I was agreeing with and sending sanctions to you for your earlier posts, and here you go and fly off into the wild blue yonder of rehabilitation!

I take every attack on proportionate retribution to be a rejection of justice, for reasons made clear in my essay "Crime and Moral Retribution." The reason for the current mess in the criminal justice system is that retribution, as I define it, is almost never applied. Instead, all the utilitarian fads described in the poll are employed, as they have been from time immemorial, and always with disastrous and unjust consequences.

Rand said that the nature of an entity will determine what it will do. This applies to criminals in spades. They are quite different from thee and me...different primarily in how they think about the world, themselves and others. But thinking is a matter of volition. The notion that we can rehabilitate, or externally transform someone's thinking without the individual's own voluntary desire to change, is the height of deterministic arrogance. Sadly, most criminals do NOT want to change. Equally sadly, most "experts" and "theorists" don't want to face that fact.

For a dose of reality on whether criminals can be rehabilitated -- or even simply "habilitated" -- then besides my own book, I'd recommend Stanton E. Samenow's classic Inside the Criminal Mind. It's about the closest thing to an Objectivist perspective on criminal behavior that's ever been written by a non-Objectivist--a brilliant clinical psychologist who has specialized in working with criminals for decades.

Once having understood the nature of the beast, then we can fruitfully discuss the merits of various responses to crime--not before.


Post 31

Wednesday, June 1, 2005 - 7:34pmSanction this postReply
Bookmark
Link
Edit
Bob-

"In the case of any crime, the criminal would be required to make financial restitution to the victim or they would be placed in indentured servitude to the victim, which could be used or traded as the victim saw fit."

I thought that was a very interesting idea. However,

"If a criminal refused, they would be branded an outlaw, that is, without rights. Having no rights, anyone could hunt them down in the streets and kill them."

I understand the idea here, but agree with others that there is a concern about proportionality. Wouldn't you at least have something like, say, if you commit a property crime and refuse to make reparations then property crimes against you would not be investigated/prosecuted - but violent crimes against you would not also be fair game?

Robert-

To be fair to Bob Pailin, however, his lack-of-proportion example is a case where someone has refused to comply with a given punishment. If you refuse to comply with punishment even for relatively trivial crime in the current system it can result in escalation to your death too.

You also correctly point out how pursuing a poor choice of level of punishment for deterrence or restitution, none for rehabilitation, etc. would be ineffective or immoral when pursuing them as ends. However, I see no intrinsic reason why pursuing retribution as an end would be immune to such problems from misapplication as well.

Jeff-

WTF? I'm all for arguing about Iraq when it makes sense, but it's not apropos to anything here.

Michael-

I didn't put in 'all of the above' because I was afraid it would be too much an easy-out option. I debated whether to include the 'other combination' option for the same reason. I only included the explicit combination of restitution and retribution from personal bias since it is my choice, as I regard both critical aspects and not just side effects of pursuing one or the other.


Sanction: 13, No Sanction: 0
Sanction: 13, No Sanction: 0
Sanction: 13, No Sanction: 0
Post 32

Wednesday, June 1, 2005 - 7:42pmSanction this postReply
Bookmark
Link
Edit
"You got 4 atlas thingies!"

Why do I feel like an ejaculation like that belongs on a Jason Dixon-esque thread...

But seriously, how does it work? 100 sanctions gets you a thingy, 200 gets you 2 thingies?

Does anyone know? I feel ~SO~ inadequate with my thingies...(ok, I know they're called "Atlases")

Sanction: 5, No Sanction: 0
Sanction: 5, No Sanction: 0
Post 33

Wednesday, June 1, 2005 - 7:59pmSanction this postReply
Bookmark
Link
Edit
Dayamn Scott!

Only 2 Atlas thingies! That's no status for our resident lawyer.

We'll have to start bonking you up to a 3 thingie status at least (btw - I'm a 5 bonker now so I can help).

But... to stay you feelings of inadequacy, you're gonna have to start thinking differently.

With all due respect to our dear friend and Dixie tart, as an experienced lawyer, you have to get your mind away from Jason Dixon-esque ejaculations.

Not good... not good at all for arguing against rape house jails, retribution and so forth...

Or is it?

//;-)

Michael


Edit - There you are - THREE WHOLE ATLAS THINGIES!!!

(Edited by Michael Stuart Kelly on 6/01, 8:01pm)

(Edited by Michael Stuart Kelly on 6/01, 8:03pm)


Post 34

Wednesday, June 1, 2005 - 8:54pmSanction this postReply
Bookmark
Link
Edit
Robert B:
Gosh, Nathan, I was agreeing with and sending sanctions to you for your earlier posts, and here you go and fly off into the wild blue yonder of rehabilitation!

LOL Or did I slip the surly bonds?
I take every attack on proportionate retribution to be a rejection of justice, for reasons made clear in my essay "Crime and Moral Retribution."

Clearly we proceed from different premises.
Rand said that the nature of an entity will determine what it will do. This applies to criminals in spades. They are quite different from thee and me...different primarily in how they think about the world, themselves and others.

The question is whether a volitional entity can choose to change its nature. I think proceeding from the premise of a fixed nature is unwarranted.
But thinking is a matter of volition. The notion that we can rehabilitate, or externally transform someone's thinking without the individual's own voluntary desire to change, is the height of deterministic arrogance.

Nothing I've said, including my advocacy of "brainwashing," would suggest otherwise.
Sadly, most criminals do NOT want to change. Equally sadly, most "experts" and "theorists" don't want to face that fact.

That assertion is no less true for noncriminals, Robert. Change does not come easily. How many obese people or chain smokers easily change their habits?

How many criminals "do not want to change" simply because they feel their lives are beyond hope, or because they have been brutalized into feeling worthless, or because they see themselves as powerless to change even if they wanted to?

What, precisely, would make criminals different from anyone else when given a choice between a bad life and a better life?
For a dose of reality on whether criminals can be rehabilitated -- or even simply "habilitated" -- then besides my own book, I'd recommend Stanton E. Samenow's classic Inside the Criminal Mind. It's about the closest thing to an Objectivist perspective on criminal behavior that's ever been written by a non-Objectivist--a brilliant clinical psychologist who has specialized in working with criminals for decades.

Once having understood the nature of the beast, then we can fruitfully discuss the merits of various responses to crime--not before.

Robert, I don't buy the 'they're just evil' assertion. People are they way they are for REASONS, i.e., there are CAUSES for why people behave as they do, even if part of that cause is the present state of their own twisted volition.
  • I proceed from the premise that it's better to make an enemy into a friend, if possible, than to destroy an enemy--and that includes criminals.
  • I proceed from the premise that criminality has CAUSES, and whether those causes are genetic, brain damage, psychological abuse, bad association, chemical imbalance and mental illness, culture, a belief in one's inherent worthlessness, insufficient love, etc., that with sufficient effort some lives can be salvaged now by reversing the effects of those causes--and that science offers the promise of far more in the near future. These are human lives, whatever they've done, not disposable hunks of bad meat.

    I believe it is in our self-interest to salvage lives, because there for the grace of circumstance go I. Or, dare I say, you. And there without the grace of our efforts goes an even more hardened criminal.
If you think minds are fixed and inalterable, then we are proceeding from different premises. I think the PRESENT truth lies somewhere between the extremes, but we're just beginning to map the human mind, and the potential for human transformation is staggering.

How many criminals, grasping and BELIEVING a clear picture of the POSSIBLE, a good and fulfilling life with the blue pill, contrasted with the miserable life they now lead, would say, "No, this is the life for me! Keep your damned blue pill." 

But I suspect we're just going to have to disagree on this one, as I imagine our worldviews are rather different.

Nathan Hawking

(Edited by Nathan Hawking on 6/02, 12:28am)


Post 35

Wednesday, June 1, 2005 - 11:26pmSanction this postReply
Bookmark
Link
Edit
Robert B:
For a dose of reality on whether criminals can be rehabilitated -- or even simply "habilitated" -- then besides my own book, I'd recommend Stanton E. Samenow's classic Inside the Criminal Mind. ...
Robert, I had a followup question to my response. I can see that you're proceeding from the belief in the fixed nature of criminals.

Could I ask you to assume, for the sake of discussion, that this premise was untrue for a significant number now, and for many more in the future with advancements in science and technology, i.e., that people like this could be helped to change--perhaps even have change imposed upon them.

If this were true, do you think my conclusions would follow from this and my other premises?

Nathan Hawking

(Edited by Nathan Hawking on 6/02, 12:17am)


Post 36

Wednesday, June 1, 2005 - 11:28pmSanction this postReply
Bookmark
Link
Edit
I voted 'other.' Protection from thugs is the primary goal.

Post 37

Thursday, June 2, 2005 - 7:00amSanction this postReply
Bookmark
Link
Edit
With all due respect to our dear friend and Dixie tart,
I have to admit to a belly laugh at both Scott & MSK's "Atlas thingy" tangent.  But you have nothing to worry about - until I put on Daisy Dukes and start hanging out with two boys named Bo and Luke...

Jason

P.S. - Full apologies for the thread hijack.  Where should I wait for my lashing?


Sanction: 5, No Sanction: 0
Sanction: 5, No Sanction: 0
Post 38

Thursday, June 2, 2005 - 7:03amSanction this postReply
Bookmark
Link
Edit
Robert B. has been exactly right on this thread.

"Criminal justice" is simply the virtue of justice (proportionality) applied by a judicial system. As we do it in our personal lives, so it should be done by a judicial system. It is an action against someone in proportion to his misdeed.

Restitution should be secondary. The primary of justice should be against the criminal, not for the victim -- though a judge/jury can certainly make restitution a part of the judgment.

Rehabilitation of criminals would take money from my pocket to do for them what they should be doing for themselves. That is altruism. (Though I agree that prisons should be clean and safe and just, not gang warfare.)

Having deterrence as a primary goal is to make how other potential criminals view the penalty of primary importance. That is unjust to the criminal because how others may perceive his punishment may compound his punishment.

The actions of government should always be spartan; they should be the bare minimum of force and interference necessary to accomplish a goal.


Post 39

Thursday, June 2, 2005 - 7:08amSanction this postReply
Bookmark
Link
Edit
Nathan said of me...

I can see that you're proceeding from the belief in the fixed nature of criminals.


No I don't. That is the opposite of my view.

Let's back up for a minute.

My actual opinions on this topic are no secret. I've written, published and lectured widely on the criminal justice system for nearly 20 years, beginning as an investigative journalist specializing in the topic. Specifically, I've posted online an essay that bears directly on the subject of this thread; I've said several times above that it presents my fuller arguments on the topic; and I've linked to it for the reader's convenience. I've also mentioned and linked to my book -- the first and only Objectivist-based book on criminal justice, incidentally -- which presents my views on the topics of crime and law in full, supplemented by articles from a number of renowned criminal justice experts. Finally, I've referred here to the seminal work of Dr. Stanton Samenow on the nature of criminal thought processes, work I strongly endorse.

Yet it's clear that those choosing to comment here on what they construe to be my views have not yet bothered to avail themselves of anything I've written, linked to or mentioned, not even the essay on retribution. (If they had, they couldn't be saying the things they're saying.)

So let me sign off now, inviting anyone who would care to learn my actual views on this topic to go check them out. The links are in my preceding posts on this thread.




Post to this threadBack one pagePage 0Page 1Page 2Forward one pageLast Page


User ID Password or create a free account.