Thursday, February 26, 2009
The solution
When on a quiet night on a quiet door I often find myself consulting my colleagues about various problems. Some personal, some political and most often social problems.
I believe I have found the solution to criminality.
How to stop criminal behaviour impacting upon the non-criminal.
I know rational members of the bar attempt to get it right, judging each case on its merits and obeying the sentencing guidelines.
The basic problem is the vast majority of crimes being committed by a small criminal minority who see crime and offending as a way of life. The law tries to be blind. Each cheap suited defendant could be up for the sole excursion beyond legality in their life or the umpteenth time they've been caught amongst the innumerable times they've acted criminally. When they've pushed a drunk over or nicked a few cheap clothes its only a minor offence. The maximum sentence will be puny, the reductions for guilty pleas, however late in the days play, takes that down further. The serve a third, probation a third for the inevitable not notably bad behaviour means they're back out bright and early.
For most folks who get a criminal record, it's a one off or part of a short period of poor behaviour, reality kicks in, rationality kicks in and reasoning about future prospects kick in. The system works, the sanction proves effective.
For the minority who don't kick in, the offending continues. They collect hundreds/thousands of offences. They are performing the vast majority of crimes committed. The public is suffering this directly and indirectly in too many ways to list. Insurance, retail prices, taxation, and deprivation of property are to name but a few.
The solution.
Cumulative sentencing. Clump offences into broad categories. Clock up an offence in any category. Serve all previous offences' sentences in that category after the latest one given by the courts.
Those who persist in drunken low level assaults, those who shoplift for a living, those commit fraud repeatedly, will in their own category get snowballed sentences.
Those who learn and quit, learn and quit. Those who don't could be facing longer and longer times away from the public unable to further offend.
It would also incentivise the police to pursue minor offences if they felt the offender would be away for a while instead of back out by lunch.
Your thoughts?
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4 comments:
Like the sound of that. We could also bring back the good old fashioned thump round the ear from the local beat bobby.
Your right, my alternative would be to boil them alive in a vat of piss on their third conviction.
Bring back flogging, but use the Singapore style: a four foot long inch thick rattan administered by a guy who is trying to hit the table that you are strapped to, going through your gluteus maximus in the process.
I have seen extremely hard men cry and beg for the punishment to stop after just two strokes. After six of these strokes, nobody wants to reoffend, ever (not even after they are able to walk again).
It would save on prison spaces.
Michael P
Should you tell it — a gross blunder.
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