Xequecal wrote:
When I talk about our justice system being unfair, I am of course doing it from the perspective of the criminal who has at least some desire to reform after committing a crime. Of course there are some that don't care at all, but you can't rehabilitate them no matter how harsh or soft you make the prison system. It's the same logic as with welfare, sure there are some people that will only mooch of the system and never improve, the idea is still to help the people who won't.
Lots of criminals have the desire to reform in the same sense that a lot of alcoholics have a desire to stop drinking. They are perfectly willing to do it, as long as it's easy.
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We have sex offenders who after being released have to live under bridges because the barrage of living restrictions imposed on them basically makes it illegal for them to own property or even live with family members. Why should this individual bother to respect any of society's rules? There are plenty of people that were making relatively high salaries that end up with a felony conviction because they had a bad day. You can go from making $80k a year, to being able to make $20k max because of that brand even if you serve no jail time and your skills and experience are still relevant. How are you going to support your family now with a legitimate job?
Again, where is that job going to come from? Special preferences for prior convictions? Or are we now going to make it illegal to discriminate based on prior conviction status? If we're going to do that, why allow people to mandate qualifications for jobs at all; if you can't keep someone out of an investment job because they
embezzled last time they had one, how can you justify any qualification?
The incentive this person has is that if they obey the law, they get to be out of prison, and at least do what they want to do on a daily basis. Have you ever been inside a prison? Not been incarcerated, but physically set foot inside one? It's not pleasent to be there; the removal of freedom
is the punishment, never seeing anything else but the prison for days on end. That's the deterrent. Of course, some people institutionalize and don't want to leave, but the softer we make prison, the more of those people we get. Prison is not that harsh; it's just harsh compared to the Hiltons that Europeans like to run. Inmates, however, don't really have it that bad except for the small percentage that are truly unmanageable; they get TV, exercise, activities, and the like, which has the benefit of reducing how frequently they shank each other or the guards.
As for sex offenders, yes, many of the restrictions on them are over the top and unnecessary, but that does not speak to the basic reality of having a felony conviction. Part of the reason that felony conviction exists is so people can protect themselves against that person in the future; they have already demonstrated untrustworthiness in some regard, and people should be allowed to judge for themselves whether to deal with that person. Just ebcause they have a "desire to reform" doesn't mean anything; the burden is on them to demonstrate to the satisfaction of a prospective employer or whoever that they've rehabilitated, not on society to rehabilitate them. If economic times are tough, then tough. Once you've crossed certain lines you
simply cannot go back. I don't think you quite grasp this.
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Also, I don't think felons should be hired preferably over non-felons, I just think that they should have a chance which in a wide variety of industries (I would guess the majority of all industries to be honest, but I don't know that for sure) they currently don't. Anything in health care or that involves handling money, or involves traveling to a customer's house, or involves security bonding are 100% barred to felons even if there is a labor shortage and the felon has the relevant skills and experience.
So? Again, how are they supposed to "have a chance"? You don't have a clue; you're just saying "it's not fair" by looking only at the felon's perspective and not that of anyone else. There's really not any way to be more "fair" except getting rid of illegal immigrants, since the job fairy is not likely to visit us any time soon.
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You seem to accept that Norway's justice system reduced the crime rate. Given that, how can it possibly be an "utter disaster" if implementing it here also decreases the crime rate? By definition, fewer people are getting victimized. I don't believe such a system would decrease the crime rate, but that just leads into the "utilitarianism" you don't like saying it's a bad idea.
No, I don't accept that. I accept that Norway
has a lower crime rate, which it indisputably does. Crime rates, however, are largely a product of the overall social structure of a country and Norway's is different from ours in ways that simply cannot be altered; it's history, geography, and the size, density, and makeup of its population are fundamentally different and those differences alone are massive factors in the difference in crime rate; not the way their justice system works. Their justice system is getting away with being able to be so lenient because they do not have the same social problems as we do and aren't likely to. Moreover, those differences I mentioned are only the tip of the iceberg.
More importantly, as I pointed out, the justice system is an utter disaaster because it is not able to serve justice in the case of a truly heinous crime like what happened earlier this year. It is not serving justice; it's simply pointing to a low crime rate, pretending that "enlightened" justice practices such as absurd 15 year sentences for mass murder are somehow the cause of that, and pretending this is justice. When a case like this comes to light it illustrates the failure; the system is concerned only with avoiding the appearance of abuse of inmates and overall crime, not with justice for society or the victims.
In fact, the ugly truth about all of these European soft systems is that they're really about the never-satisifed need in Europe to show that you're A) not a Nazi B) not a "right-winger" and C) not a stupid American who doesn't do what "civilized" Europeans do. The first of those drives the other two; Europeans in general and Germans in particular are
desperate to avoid anything anyone could remotely call Nazism, Facism, or anything like that. Nazis had concentration camps and killed people? We have to have soft prisons with amenities and 15 year sentences to prove we aren't like them, and if someone still says we're being too harsh, then we'll soften it even more!