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How Heavy is Heavy Handed?

Discussion in 'General Discussions' started by Xerxes, Aug 24, 2012.

  1. Lindy

    Lindy Moderator Staff Member

    Location:
    Nebraska
    Fees are high because the state is trying to make sure that "users" of the law enforcement, court, and criminal justice systems pay for a significant part of the costs of running said government departments. Which lowers the cost to taxpayers, many of whom will never, in their whole life, have any need to see the inside of a courtroom or police station.
    I agree. The benefit (if any...) would be to Manson and Brievek, not to society as a whole.
    The world is already overpopulated by a factor of three to four. World productivity would hardly be hurt by permanently (whether by death penalty or true life sentences) removing a few wackos from the gene pool.

    I know that some on this board strongly believe in the idea of rehabilitation. Perhaps they could rehabilitate Jerry Sandusky. Five or ten, or whatever years down the road the prison psychiatrist says that at a 98% level of confidence the man is rehabilitated. If you believe in rehabilitation, then you would send your children or grandchildren on a camping trip with good ol' Uncle Jerry. Right? How personal is your belief in the efficacy of rehabilitation?

    Lindy
     
    • Like Like x 2
  2. Avestruz

    Avestruz Vertical

    Location:
    Montreal
    I was under the impression that Norway has the option to delay Breivik's release pretty much indefinitely if he is still considered to be a danger to society after 21 years. Given the complete lack of remorse he has shown up to this point, I'd be extremely surprised if they ever consider him anything but a danger.

    He'll be in prison for the rest of his life, I imagine. Handing down a 21 year term is probably just a formality in this type of case.

    I've never liked the idea of the death penalty since I feel like it's state-approved murder (tinfoil hat moment: I'm wary of giving powers to the state that subsequent governments could choose to use against citizens) but I can understand why people feel differently about it, particularly when the matter is closer to home.

    I believe in rehabilitation but I also believe that there must be very good checks and balances where a decision to release vs not release is being made about somebody convicted of violent or sexual offences. Clearly where there is any significant doubt whatsoever (I feel repeated violent/sexual offences over a significant period of time are probably enough to cast doubt for life) they should always tend towards not releasing. However, a screeching mob of tabloid-reading kneejerkers is not a good enough reason to prevent someone's release in cases where everything else points to their release being suitable. Not that anybody here was suggesting that at all, but I've seen enough of it elsewhere (e.g. on Facebook) to suggest that some people really think it ought to be.
     
    Last edited: Sep 3, 2012
  3. rogue49

    rogue49 Tech Kung Fu Artist Staff Member

    Location:
    Baltimore/DC
    Unfortunately, there is a balancing act in the various justice systems of the world.
    Between laws enacted by those who can get them through.
    And a multitude of actions made by the public, both good & bad...and all greys inbetween.
    And finally a system trying to deal with all those, run by potentially falible humans. (some collecting a check, some for an agenda, some for an ideal)

    You can hope for common sense laws to be enacted...but what's your definition of common sense in comparison to others?
    You can hope for most of the public to abide by laws...but many don't...most fudge the little ones. (how many go over the speed limit??)
    You can hope that you get a fair shake, officials will act discretionally...but sometimes they aren't in the mood, sometimes their hands are tied.

    Nothing is guaranteed.

    My MO is this, try to be good, try not to fudge...pay when I can, sometimes leverage the system,
    and if the nice cop pulls me over, BE NICE, no matter your mood or if you're right.
    Guess what...like a truck moving fast while you're walking across the street, even if you're right...you're not going to win the argument.
    Take the piece of paper if they decide to give it to you...then draw up your case for court, that's what it's there for.

    As to murder...I don't do this. (not my thing:rolleyes:)
    And we've had this debate in another thread. For me, people such as the mass murder you described would have the death penalty.
    But there are quite a few on the board that disagree with this opinion. So be it. (I don't want to get into it again)

    Funny thing is...I do think that jailing people is often overdone.
    The prison system is bloated and become in many ways a profit industry. (slight conflict of interest /sarcasm)
    I do believe in rehabilitation and giving the benefit of the doubt. (burden of proof is on the prosecution side)
    But still, some I would rather be just gone.

    And in the variety of life, every side will get their way sometimes...I'll get mine at times.
    Everyone will call it "justice" and "fair" when they are favored.
    Am I happy about it? No, but the pragmatic side of me knows there is need those few times.
     
  4. Hektore

    Hektore Slightly Tilted

    Assertions of overpopulation are simply untenable. They're loaded with with unstated and unsupported assumptions and to put actual numbers on it relies on math that can be safely labeled 'dubious'. Even if I ignored those problems, overpopulation is a particularly bad argument for eugenic cleansing, even of our worst criminals. It's also very easy to be cavalier with the lives of total strangers. Somehow, I doubt you would be so flippant in regards to rehabilitating these 'wackos' if they were your own parents or children and could be made well.

    As for your last question, I'm not sure I quite understand it. It seems somewhat malformed to me, but I'll do my best to answer it anyway. No, I wouldn't let my son go camping with Mr. Sandusky. For starters, I don't know him and I'm not in the habit of letting my children go off into the woods with strangers. Nor, for that matter, do I have any faith in the ability of current medicine to rectify his problem. If it could, there likely wouldn't have been a problem to begin with. However, if we're going to play the hypothetical situation game: Yes, if a person I knew were sick in this way, was close enough to me that I would otherwise let him go and modern medicine had an understanding as comprehensive and a treatment as efficacious as that for scurvy, then I would let him go.
     
  5. Baraka_Guru

    Baraka_Guru Möderätor Staff Member

    Location:
    Toronto
    The world isn't overpopulated; certain populations are overconsuming. It's all about perspective.

    As for the question of rehabilitation, why turn to the Breiviks and Sanduskys to determine whether it should be employed? That's like turning to the recent global recession and saying globalized capitalism doesn't work. It's like turning to the BP oil disaster and saying marine oil extraction is too risky. It doesn't make sense because it focuses merely on one or two among the worst of examples whilst ignoring typical cases. You will need to do better than that.

    When I posed above about not letting one wacko ruin it for the other murders, I wasn't entirely joking.

    There will be outliers in most matters of import. Deal with the outliers via special means. There is no reason to overreact.
     
    • Like Like x 1
  6. Xerxes

    Xerxes Bulking.

    You see, Hektore, Anders Behring Breivik has effectively overpopulated the earth by a factor of one-too many wackos.

    We also trusted lots of our kids with Jerry Sundasky. So much that we let him molest them without consequence for a very long time. You tell me if Jerry was your uncle or father or kid you'd ewant him out in the wild with the rest of the population.
     
  7. Hektore

    Hektore Slightly Tilted

    I have no idea what you're getting at with your first paragraph, but if it's that population reduction would somehow alleviate society of its mentally ill constituents, I don't really have anything to say except that you're flat out wrong.

    As for the second, I believe I already provided the circumstances in which I would find it acceptable to release either of the gentlemen in question.
     
  8. Baraka_Guru

    Baraka_Guru Möderätor Staff Member

    Location:
    Toronto
    Surely no one is suggesting social Darwinism. That would be ironically sociopathic.
     
  9. Xerxes

    Xerxes Bulking.

    That wasn't the position we had. You jumped into this conclusion. We can rehabilitate bank robbers and larcenous dipshits. We can't however, rehabilitate Breivik.
    Oh yes, stay calm. I'm calm. I'M FUCKING CALM!

    I was also being facetious with that comment about wackos in my earlier post.
     
  10. Hektore

    Hektore Slightly Tilted

    I would hope they are not, but I'm not really sure what else the point could be, unless it was just some sort vacuous rhetorical flourish. But that wouldn't be a very nice thing to say, let alone the sort of thing I would expect someone would cop to.

    Edit: Ah I see that was the point, but meant in irony. Satire if you will. So, a substantive rhetorical flourish of a sort.
     
    Last edited: Sep 3, 2012
  11. Baraka_Guru

    Baraka_Guru Möderätor Staff Member

    Location:
    Toronto
    Well, now you know my position. Rehabilitation isn't really the issue here. It's dealing with outliers.