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Kidding aside, what's your alternative to the penal system?
Glad you asked, because my views make the most sense within my own idea of what the anti-recidivism system (currently known as the 'justice' system) should look like. It would have a single goal, with a single caveat.
Its goal would be the protection of the welfare of society from harm. Its caveat would be giving second chances in some circumstances, and that the punishment should be the minimum required to prevent reoffense, not to 'punish'. But no third chances.
Categories of CrimeFor a select list of the most violent crimes (rape, murder...), you don't get second chances, and there are no sentencing hearings. You get life. The end. (I would support a death sentence, but only on a higher standard of evidence,
beyond any doubt whatsoever. Videotape and DNA would be mandatory.)
For lesser violent crimes (simple assault):
- A mandatory indefinite rehabilitation sentence, with a caveat. Your problem would be treated via drugs, psychology, therapy, whatever, and then you would be eligible for parole.
- However, you are not eligible for release until the psychiatric panel deems that you have addressed the mental, life-situation, or physical problem that caused you to offend.
- If approved, you're released with a 10-year window of probation.
- If you commit a similar or more severe crime in this time-frame, you get life. The end.
The point isn't to punish, but to remove people from society who are unable to control themselves, but in the interests of mercy, to give them one chance to be 'fixed'.
Non-violent crimes would be separated into two categories: crimes with victims, and crimes where there
could have been victims, and moreover, special clauses for when those victims would have been hurt physically (this does not include willfully "attempted" violent crimes, they are prosecuted as if the crime had occurred, according to intent).
For non-violent crimes with victims (fraud, for example):
- Mandatory full financial restitution to the victim(s), if any.
- A first sentence would not entail incarceration, but rather a judge would determine what minimum change to your life, your status, or your person would be required to prevent you from committing this crime again. He could let you off with a warning (first-time teenage shoplifter), sentence you to community service or the like, give you a fine, house arrest, and so on.
- You would get a 5-year probationary period.
- Should you reoffend with a similar crime while on probation, you are put into mandatory indefinite psychological rehab at a secure centre until you are fit for release (if ever). I suspect for most people, serious mental health treatment would be sufficient.
For non-violent crimes where there
could have been victims:
- A first sentence would not entail incarceration (to start with), but rather a judge would determine what change to your life, your status, or your person would be required to prevent you from committing the crime again. For instance, for a DUI with no victim, this would mean permanent license revocation. You would be required to sell your car, and never to own one again.
- Reoffending where the crime would not have resulted in a physically-hurt victim (shoplifting) would entail mandatory rehab, as above for non-violent crimes with victims.
- Reoffending where the crime might have hurt someone, such as DUI, you would be placed under the reform rules for violent crimes. Mandatory rehab, and if released you would be on 10-year probation. Another reoffence, and you get life. The end.
Victimless crimes (drugs) would not be crimes any longer. Any children would be removed from the situation, but otherwise, adults are free to fuck up their lives as much as they please. Money currently wasted on enforcing drug laws would be funneled to rehabilitation programs, safe-injection sites, and outreach services.
"Prison" for the violent offenders would not simply be a cage with steel bars. They would be expected to be productive. I personally would restart the idea of "penal colonies", except not as punishment, but rather to allow these people some measure of productivity in their remaining time in this world. If that means farming, or gardening, so be it. If that means studying literature, or drama, or film, so be it. If they are genuinely broken human beings and have to be locked up for fear of killing themselves, so be it. I would also provide an option for compassionate, painless suicide. But they would not have freedom, and would never again be permitted to rejoin normal society. Such colonies would be located far from populated areas, such as in the Arctic.