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echo: philos
to: DENNIS MENARD
from: DAVID MARTORANA
date: 1998-01-10 00:09:00
subject: Real People Ethics

 ++> Inspired by Dennis Menard comments to Day Brown
 ++> on "ETHICS"
 
   Read through your many "paragraph-to-question"s on the
   sprawling subject of punishment notions ("ethics" would
   confuse the issue). Would it be hard for you to accept
   that most people just want problems to go away (motives less
   noble). That is why we employ institutions supposedly trained
   and skilled in such areas. Naturally, things seem ner' so
   simple...!
 
  DMe> Does "justice" always reduce to "punishment"?  Question.
 
      What we call justice on the surface is largely overridden just
      beneath it, by a "greater" desire to be rid of problems that
      might effect us. This "doublespeak"  (even doublethink) allows
      a society to veil itself in high-minded public concerns, while
      getting on with the actual business of a more perceived safe-
      comfortable everyday life. There be always the reason and the
      REASONS.
 
 DMe> Whether or not you want to eliminate state involvement with
 DMe> justice, if you put a high value on "public opinion" vs "the
 DMe> facts" or a judiciary concerned more with conviction rates than
 DMe> "the truth," you are going to get some state involvement.
 DMe> Aren't you?  Question.
 
     A population disturbed ENOUGH with crime will find a way to
     address it that is emotionally satisfying. Whether it be at
     state, local collective (vigilante) or personal levels. Public
     opinion will eventually win out so it is up to the state to rid
     the environment of crime that disturbs people in a "QUIET"
     effective way. Public opinion, unless temporarily diverted by
     rhetoric, just wants the problems to "go way". If they don't
     go away, those perceived to be the source grow to become a
     population wide acceptable target.
 
 DMe> Are not their prisons stuffed to the gills? Seems to me like the
 DMe> states started locking them up longer for less serious assaults
 DMe> and the drug dealing that releases the passions that cause them.
 DMe> The public may have been thinking of justice in longer prison for
 DMe> social predators, but it has reduced the murder rate.
 
     At the state level some semblance of justice is attempted. If it
     was up to the man on the street, we would go back to Western justice--
     a quick trial for murder with a hangin in the back yard. If you
     cannot hang them, the next best is to MAKE THEM DISAPPEAR  (as is
     presently growing popular).
 
 DMe> Granted.  In your view, do you feel it (ie, stuffing the prison
 DMe> system) has SOLVED the problems which frequently  in murders
 DMe> (ie, drug-dealing)? Rephrasing: Has it addressed the causes, or the
 DMe> symptoms, OF the problems)? Will inmates be released -- only to find
 DMe> themselves confronted by those same causes (ie, influences) which
 DMe> saw them to prison in the first place?  Do you not think these
 DMe> issues deserve some consideration?  These are questions.
 
      If the symptoms can be made to vanish, most are satisfied.
      If the public had their way, releasing inmates would be more
      rare. Like feeding the thousands that die every night from
      starvation, the public is only interested in the causes of crime
      if handled quietly and cheap. The world hunger plague is handled
      "most quiet" ....not even mentioned in the news media (hardly)!
 
 DB> I am not arguing that execution reduced the murder rate among the
 DB> general public in any detectable fashion. I say that it reduced
 DB> the rate of *murder among the prison population*, which has had a
 DB> salutatory effect on the death rate for guards.
 
      Its a matter of practicality, execution would be the least costly
      if the appeals process was not so expensively dragged out...
 
 DMe> Understood.  In your view, do you feel there are any alternative
 DMe> methods of achieving the same result short of execution?  Is it
 DMe> your understanding that guards are immune from criminal acts or
 DMe> responsibility just because they ARE guards?  See note, near end
 DMe> of post.  More questions.
 
      In history's years of penal experience, not much seems to have
      been more effective than jailing or execution with the latter most
      effective. Other methods would only be considered if they were
      cheap and proven effective. No one trusts any other methods-
      (would appreciate a list of them ???). From what I read, most
      inmates follow criminal patterns and are pretty immune to "other
      methods". Like with dugs, 90% return to the habit after very
      expensive rehab! I think we have to live with a +/- 5%
      criminality factor (regardless of what is done).
 
 DB> The black may well face more severe sentences.  But in as much as
 DB> they cause greater damage to their community, I think that this is
 DB> appropriate.  The white criminal preys on a richer community that
 DB> can more easily afford it without fraying the social fabric.
 
 DMe> In effect, then, what you are saying is that, one of the benefits
 DMe> of being more affluent is that the richer criminal will suffer a
 DMe> lesser penalty for a given crime for which the poorer criminal will
 DMe> suffer a greater penalty?
 
   You know it is *not*  that simple!!!! but, Yes, I believe that is
   historically true from the earliest records...the rich a bit more
   equal under the law than the poor. Our society accepts that as
   natural. Rven when guilt heavy, Money attracts the best legal defence.
 
 DMe> Do I understand you correctly?  What if the money dedicated to the
 DMe> maintenance of incarceration were redirected towards prevention
 DMe> (ie, reducing economic inequities and disparate opportunities
 DMe> between cultures, say?)
 
  It is not possible to manage such an effort, even if funded.
  America tried it with some best efforts and only succeeded in
  producing more criminals and dilemmas. There comes a time when
  one must realize that either the resources are expended at the
  wrong end of the problem or the problem cannot be solved by
  resources thrown at it .....or, most likely, we are not smart
  enough or willing enough to pull it off. There are SO many things
  in this world that WOULD-BE-NICE, IF! .....if profitable in terms
  of the prime human motivator .....the GREED instinct buried in
  our genes like sex!
 
 DMe> Can the U.S. conceive of itself WITHOUT capital punishment?
 
      NO!
 
 DMe> Does it want to?
 
      NO!
 
 DB> Cost to who? the accused? or the victim?  My justice measurement
 DB> is the only number I can count: the number of victims.  If policy
 DB> decreases that number, then it's as much justice as I can expect.
 DB> Calculated in that number of *victims* are those who falsely are
 DB> convicted by the state.
 
 DMe> Do you allege to know, then, how many innocent victims have been
 DMe> convicted by the State?  Are claims of the executed innocent
 DMe> followed-up?  What of an ex-inmate, falsely accused, having served
 DMe> all his time ... what time can he expect now from those who jailed
 DMe> him when they couldn't spare him the time to verify his innocence
 DMe> before that costly prison term?  Questions.
 
 DB> If I have to kill one of them to prevent a hundred guards and
 DB> non-violent prisoners from being killed, who is to say that it
 DB> is not worth it?
                       yes! the reality of practical truth is
     appreciated even when not "good sounding"!
 
 DMe> Perhaps the innocent person who remains a victim because of
 DMe> judicial technicalities that make the review (and correction)
 DMe> of, frequently, very overt errors and miscarriages of justice
 DMe> within the system ...  impossible?  :(
 
      I believe there are overwhelmingly far more errors made that
      set the guilty free..... Questions
 
 DMe> I notice that the U.S.A. is mentioned a surprising number of
 DMe> times in those bulletins published by Amnesty International
 DMe> (ie, at least, it surprised me)
 
      The USA has the unique problem of having a minority generated
      crime problem and too many lawyers to defend them ......and
      all this within a growing Romanish media game atmosphere-
      ....to say nothing of a mixed in complex drug problem!
                        .......a good recipe to bake this cake is
       hard to come by...........yes?
                                    _
                                 /"0o\_ ... Dave
       .....guess I come from the wrong side of the tracks!
--- Maximus/2 3.01
---------------
* Origin: America's favorite whine - it's your fault! (1:261/1000)

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