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Author Topic:   Why does the USA have so many people in jail?
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 33 of 129 (301855)
04-07-2006 6:01 AM
Reply to: Message 1 by EZscience
04-06-2006 10:30 AM


I think the answer is a mixture of causes.
1) The US has moved into a parental moralist society such that what "I don't like" or "might prevent one from achieving absolute total success in life" must be made illegal. It is more so than some other nations, but intolerance is catching on all over. Ironically some decrying it, even here in this thread, turn around and advocate it for the moral lapses they don't like (hey how about legalized prostitution?). Thus its unlikely to change in the US very soon.
2) The US does have a more vigilant or aggressive system, especially against its lowest class members.
3) The US (unlike many other nations) does glamorize independence or rebelliousness, while at the same time punishment for independence. Not to mention we hype fame and give fame to criminals more than hardworkers. Sort of a self-feeding system.
4) Other nations may use punitive measures that do not involve prison time. The US seems to like the concept of "going to jail" as something meaningful, as if having been grounded really works for kids. And alternatively finds barbaric things like chopping off hands, whipping, caning, and executions for most crimes.
Those last two might explain why China has a lower detention rate. The tend to downplay individualism and glorification of criminals and many crimes simply end in execution, whereas we hang on to them.
Shouldn't Americans be ashamed of this statistic, and if not, why not?
They don't have to be, but I am. It pretty much rubs against the concepts I think this nation was founded on, and what I would like to see in a nation I am a part of.
I don't think the gov't should be acting as moral authorities, nor trying to micromanage people's lives to weed out potential for failure. And certainly not by using the criminal system.
But like I said, its the trend and this is about democracy. Is there anything you think people shouldn't be doing, or should be punished for doing, that does not have anything factually to do with someone being physically injured/robbed by someone else? Well others do to. Until societies get off that kick, or switch away from "jail time", this is what we'll see.

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 1 by EZscience, posted 04-06-2006 10:30 AM EZscience has replied

Replies to this message:
 Message 43 by EZscience, posted 04-07-2006 9:02 AM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 34 of 129 (301856)
04-07-2006 6:18 AM
Reply to: Message 30 by crashfrog
04-06-2006 6:24 PM


What's wrong with revenge... revenge is an entirely appropriate way to deal with crime.
I agree that for an individual this may very well be true. Though appropriate may not be the same thing as efficient, useful, nor just.
I think that's why revenge is not appropriate for the state. The state should be looking past emotions to concepts of rights, justice, efficiency, and utility.
But I think you are right that humans have an almost inate sense of revenge when wronged, and it makes sense when that might really stop a person from doing something against you ever again... and it feels good.
The guy was at the top of the food chain, basically, and he felt he could get away with anything. If it had been a real 14-year-old girl, and not a cop, are you really telling me that revenge would not have been appropriate? Why?
While I agree with your assessment that the DHS guy can't use socio-economic issues for his behavior, I do have to question your last two points.
It didn't appear that he was using his position to try and get away with anything, nor that he could. He certainly didn't seem to be working to hamper investigations or somehow hide who he was so he could not be caught. Maybe the guy did it because he felt like he wanted to get off, and enjoyed it, and didn't see anything wrong with what he was doing.
Frankly I don't as it had nothing to do with violating anyone's rights. And that raises the next question. What if it was a real 14 year old girl? In some states that's legal marrying age, or age of consent for sex (not sure if it is where they lived). Why would revenge be reasonable, and what would revenge consist of? The girl would have been just as complicit, and no actual activity occured between them.
What if it had been a teen boy instead of a DHS official? Would revenge be appropriate then? If not, why not?
Frankly I don't think my money is best spent on sending this guy to jail (based on what I have heard) for some period of time. Nor was anyone's money best spent on the officer trolling for potential pedophiles by posing as a young girl. The thread asks why we have so many in jail and this is one of the reasons. We go out of our way to look for and arrest people based on what might lead them (is correlated with) some other criminal behavior we might agree should be punished.
{AbE: As a caveat, I may be missing some details of the DHS case which would might have it make more sense. As far as I was aware he chatted with an officer in a sexual way and wanted to see her on webcam. None of it coerced.}
This message has been edited by holmes, 04-07-2006 12:21 PM

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 30 by crashfrog, posted 04-06-2006 6:24 PM crashfrog has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 46 of 129 (301931)
04-07-2006 10:56 AM
Reply to: Message 43 by EZscience
04-07-2006 9:02 AM


Re: Lots of crimes in the US aren't 'crimes' elsewhere
I can think of two things right off that no one should have to go to jail for:
Its probably easier for me. I can't think of any reason people should go to jail, except:
1) Violent crimes (or those involving direct threats of violence) against others.
2) Depriving others of their property/rights through fraud or direct theft.
I guess I might agree for holding people in mental institutions that while nonviolent may need care to prevent harm to themselves or others, but that's not exactly the same thing as a criminal being sent to jail.
And then within jail, the concept would be to rehabilitate those who can be, rather than encouraging a jungle or crime college atmosphere.
Ever consider why marijuana isn't legal while hundreds of toxic synthetic drugs are available by prescription?
Heheheh... while that could be true, my thought is that they feel if they admit they were wrong and a barrier gets lifted, ultimately all control will be lost. Its simply a whole different mindset. Free minds=chaos.

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 43 by EZscience, posted 04-07-2006 9:02 AM EZscience has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 48 of 129 (301935)
04-07-2006 11:01 AM
Reply to: Message 44 by crashfrog
04-07-2006 9:21 AM


It produces justice. How is that unproductive?
Unfortunately only 100% successful revenge produces justice. Usually the pursuit of revenge is not clean, and in some cases true justice is not possible via revenge.
And when it comes to society (gov't) most crimes are not revenge. When a person is robbed or killed, a police force cannot "revenge" that action. Only those directly violated by the crime can truly feel that emotion and seek revenge.

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 44 by crashfrog, posted 04-07-2006 9:21 AM crashfrog has replied

Replies to this message:
 Message 57 by crashfrog, posted 04-07-2006 12:37 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 56 of 129 (301990)
04-07-2006 12:12 PM
Reply to: Message 54 by sidelined
04-07-2006 11:45 AM


Re: O Canada, where art thou?
There will be as long as we treat these people as pariah rather than people incapable of repressing their sexual feelings towards children.
Were you discussing rapists, or all adults who may have desires for sex with children? The two aren't the same. Even those who have had sex with children may not be violent nor compulsive to such behavior.
If you mean rapists, then why not simply brand all violent compulsive criminals who are about to gain freedom? It seems that would make a lot more sense than suggesting just rapists.
Then again, I'm not sure that would work as people could of course hide such "brands" using a variety of methods. It seems that the best bet is constant incarceration for those that really are compulsively violent. Maybe the answer is to create communities that are less jail like and provide greater work opportunities... once they have been rehabilitated to a safer point they no longer need maximum security.
If you mean tattooing anyone who has had sex with or desires sex with children, then that's not going to do anything but second class a group of people. Its sort of like suggesting yellow stars for jews and pink triangles for gays.
This is why the education of society must involve showing people the reason for this imperfect but vital step is that being made aware of the presence of these people represents a necessary step to stop the cycle.
Well, no matter what might help people become rapists, there is no singular cause and they will always be with us. There is no "stopping a cycle", especially via branding.
If a person is compulsively violent, then it makes sense to contain that person for the benefit of that person and for society.
This message has been edited by holmes, 04-07-2006 06:14 PM

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 54 by sidelined, posted 04-07-2006 11:45 AM sidelined has replied

Replies to this message:
 Message 58 by sidelined, posted 04-08-2006 3:13 AM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 61 of 129 (302315)
04-08-2006 9:17 AM
Reply to: Message 57 by crashfrog
04-07-2006 12:37 PM


Laws and justice function under the principle that we all agree to outsource the taking of revenge to a disinterested third party, who is best able to clearly identify the appropriate level fo retribution.
Oh my. Well that's a valid position, but one I would personally disagree with. I do agree that revenge can be used to create a form of justice, but I do not believe justice should be based on or functions under a paradigm of revenge.
The purpose of the law is to take revenge for crimes. Seems perfectly obvious to me. Otherwise why prosecute the murder of the homeless bum? He wasn't worth anything to anybody else.
I thought it was to deal with threats to people's rights. No matter who you kill, if you kill then you are a threat and need to be dealt with to reduce that threat.
Some may feel personal justice if the matter of the dealing with the threat ends in some equal penalty (pain) for the criminal, but social justice is removing those who are willing to be unjust to others from positions to do so.
Like I said though, that's my take on it. I see what you are saying and it could certainly be viewed that way.

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 57 by crashfrog, posted 04-07-2006 12:37 PM crashfrog has replied

Replies to this message:
 Message 64 by crashfrog, posted 04-08-2006 12:31 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 63 of 129 (302325)
04-08-2006 10:09 AM
Reply to: Message 58 by sidelined
04-08-2006 3:13 AM


Re: O Canada, where art thou?
how is it that you find that sex with children is not a violence to the child if the child is not emotionally capable of dealing with the sex act. Sex with children is rape even if the adult imagines the act to be otherwise.
Ugh, this is going to throw things way off topic. I'll make my points short. There is no evidence for such a thing as children being emotionally incapable of dealing with a sex act. They engage in it by themselves with themselves and others. Neither is something inherently violent because one engages in some activity for which a person is not fully cognizant. Children are certainly not emotionally capable of dealing with religion (as is shown by the vast numbers of people with problems associated with religion) yet taking a kid to church is not an act of violence... although now that I think about it there are usually a lot of crying children dragged in there anyway.
As for your latter statement, while it might fulfill the category of rape according to law, that does not make all instances the same as forced violent sexual activity, and indeed makes little sense given the wide variety of laws on this subject. The line of age of consent is arbitrary and does not reflect any underlying reality of inherent harm or violence. If you have an issue with that, open a thread, or consult my Rind study thread within the Coffee House (so we don't pull this thread any further off topic).
I would agree that the feeling of the adult is not nearly as important as the feeling of the child. That is borne out by studies on the subject.
Now whom are we speaking of here? Child molesterers?
When I mentioned minimum security isolated areas, I meant for people that complusively commit violent acts against others. I was referring to child rapists, but not all those who have been convicted of statuatory rape because they had sex with children.
I agree with tracking and other supervision there is less problems, but then marking is superfluous.
Really? How do you equate the branding of a criminal who commits unwanted sexual advances and/or rape on children without their informed and emotionally capable consent on the same level as bigotry of a group of people? Let us also establish here that the child molesterer/rapist is doubtless already second classed in the eyes of most of society.
Branding a group of people on the basis of unwarranted fears is bigotry against a group of people. I agree that in the increasingly sex-obsessed-vilified culture adults who have sex with children are equated with those who violently abuse children and so part of a second class. That does not mean it is real.
There is no evidence that sexual activity inherently harms children, nor that it is inherently undesired. That is merely a cultural belief. It is even trackable (like a meme). This is not to say that many or most will want it, or that most or all instances are desired and not harmful. What evidence suggests is that children do have interests in sex, engage in sexual acts, and sometimes do have sex with adults. The level of harm is generally correlated with feelings of wanting to do it (whether you think they are "ready" or not).
Here is a concrete example. There was a teacher (Laterneau?) who had sex with a young boy. He was insistent that he did want her. We jailed her and put him through all sorts of hell. Throughout that time they insisted they wanted each other and tried to see each other. Years later, when he was no longer a minor, he got legal restrictions dropped and now they are married (apparently quite happy). You suggest she needs to be stamped and monitored and kept away from all children. I think that would be unnecessary and sort of repulsive. It would be unjust.
I see a large gap between her and someone who forced a kid to do something they were uncomfortable with and felt horrible for doing. In the past gays and jews were treated to the same assumptions by societies. That pedophiles are the current class does not make the same types of assumptions valid.
They recieve little in the way of punishment co0mpared to the devestation and life-long anguish many victims of the crime suffer in regards to their sexuality and trust of others.
While certainly victims of violent rape can be devastated for long periods of time, it is usually linked to the violence involved and not the sexual content. There is also evidence that children recover from this as they do with other traumas, and that some do not view sex (without violence) as traumatic at all. Please don't take this as some sort of apologetics, I am just giving you what the state of evidence is.
I have no idea if nonrapists (those who do not engage in physically violent behavior) repeat their behavior over and over again. My guess is they might, but so did gays and masturbators when those were considered antisocial deviant activities capable of harming self and others. That's generally what minorities are, people who like to do things that others don't like. Its no suprise that they want to continue even after punishment for who they are.
I think crimes should be based on factual analysis and evidence is not supportive of equations between pedophiles and child rapists. (Before this gets further off track I'll repeat something I've had to say every time this comes up, I think there are a basis for laws restricting sex between minors and adults, just not for the reasons currently used, and some cases would be allowed),
This thread is about why we have so many in jail and persecution of sexual minorities is a nice growing population.
These people are not spending an adequate amount of time behind bars in relation to their crime.
I don't believe in treating the justice system this way. You have a valid point of view, just not one I share. I believe sentences should match the nature of the threat posed, so as to separate the compulsive violent offender from society. For those that are not compulsive, then to temporarily separate in order to direct them back into society without the issues (or with the skills) necessary to avoid further activity.
Thank you for the excellent arguements you raised holmes. I do believe you have engaged me sufficiently to have me produce the longest reply I have ever posted at this site.
Thanks and I hope my second reply did not rub you the wrong way. I am not about to try and convince you that you should like pedophiles, and indeed you can loathe them as much as overt child rapists. I will not argue against that at all. My only concern is how society uses its judicial system and so how everyone is treated by it.
In this case I do not believe that evidence supports your claims, and so I do believe the judicial system (and society) should draw a line between the two groups with regard to how they should be treated.
This message has been edited by holmes, 04-08-2006 04:11 PM
This message has been edited by holmes, 04-08-2006 04:13 PM

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 58 by sidelined, posted 04-08-2006 3:13 AM sidelined has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 65 of 129 (302502)
04-08-2006 5:51 PM
Reply to: Message 64 by crashfrog
04-08-2006 12:31 PM


Again, you have a valid position, and this is primarily a difference in taste, but I'll explain where I might disagree or vary.
Well, not every crime is committed by a person who needs to be rehabilitated, so clearly rehabilitation can't form the basis of our justice system.
I absolutely agree with that. In fact I'll add that not every crime is commited by a person who can be rehabilitated, or that we should bother rehabilitating due to resource demands.
I believe the basis for a justice system should be maintaining peace and harmony within civilization based on preserving/protecting individual's rights. That may sound a bit flower-childy but its an iron fist in a velvet glove.
Revenge often begins a cycle of vengeance which is not useful for maintaining peace, nor preserving individual rights.
It was a crime of passion, a once-in-a-lifetime mistake he's not likely to make again. Does he need to be rehabilitated? Of course not. But he does need to be punished; revenge needs to be taken for the victim.
This is a nitpick but I do think such a person needs some rehabilitation. They need to learn skills to deal with reality. The reality is people do cheat, and one can't be allowed to blow others away for that. And there is a measure of restitution which can be done, on top of that.
That said, I'm sure you can come up with an example of a person who does not need rehabilitation. But in that case I probably don't think serving time is useful.
We have a saying - "the punishment should fit the crime." What is that if not a statement of proportional vengance?
Heheheh... well it all depends on your point of view of what punishment means. You are correct that in its common meaning it is proportional vengeance. It doesn't have to though and I'm one to argue that saying is a bit of an anachronism. "Sentencing should fit the crime" would be better.
In what sense a threat? Just because one kills, doesn't mean one is going to kill again. There a many murderers we certainly don't expect to kill again.
Actually that was an overstatement. My mistake. Clearly people can kill enemies in combat and in self defense and that does not indicate a common threat.
However, if we are talking about people that have intentionally killed another, whether for passion or for gain, then that person (to my mind) is a threat. They have violated the rights of another in one of the most extreme ways and while one can say the situation they were in is unlikely to happen again, I don't think society should treat it that way. What if it does?
The person needs to deal with what they did, take responsibility for it, and get training in skills to avoid that kind of reaction in the future.
I think we're both right. Justice can be rehabilitating; it can be a tool of vengance, too. I guess in a democracy we can craft our laws to suit both purposes.
Here's my problem, once justice is used for vengeance one applies a bureaucratic machine to what is inherently an emotion-based response. I realize you are arguing that action is different that emotion, but you have to admit that the action is based on the emotional needs of people. You even discussed it as vengeance for.
I don't see how that will work very well, and it doesn't really seem to. Rage and intolerance set into expectations (X punishment just isn't good enough for MY victimization), and eventually one is running a system of oppression seeking victims to placate the community. This is not to mention the lowering of expectations (and behaviors) of those within the system. A system based on vengeance tends to get thuggy.
My feeling is that while I agree with you that vengeance is natural and can serve purposes, it is one that a gov't is NOT good at handling and should be kept away from.
I suppose a good example is 911. The people of America wanted vengeance. All those directly involved were dead. But the US gov't tried to placate the desire for revenge within the populace and so went after anyone remotely connected with terrorism (and of course settle some personal vengeance scores of their own). If they remained focused on threat and preservation of security, downplaying revenge, we might have seen a more limited war and less atrocities from our own side.

holmes
"Some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." (Lovecraft)

This message is a reply to:
 Message 64 by crashfrog, posted 04-08-2006 12:31 PM crashfrog has not replied

Replies to this message:
 Message 66 by EZscience, posted 04-08-2006 9:39 PM Silent H has not replied

  
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