Well now,
1. Capital Punishment (including the ever popular decapitation and maiming)
I've worked in the legal profession since 1994. Nearly ten long years. In those ten years I have yet to see a criminal trial that was 100% open and shut. There are literally hundreds of factors that sway both juries and judges - away from the truth and hard facts. Very few cases have the overwhelming evidence necessary to get a
pure conviction, and even fewer of these cases are of a serious nature.
I have personally witnessed several cases of gross incompetence on the side of either the defence or prosecution. I have been involved in two very dangerous cases of police corruption, and I have seen, each year, in the UK hundreds of appeals cases being won - the first trail having been seriously flawed in some way.
All of this highlights one simple fact - our courts don't always get it right.
There are numerous examples of innocent men and women who have been mistakenly found guilty of crimes they did not commit. Executing these innocents is, in itself, a far greater crime than imprisoning them for life.
Until you can get a system which is 100% accurate - you should not have something as severe or final as a death sentence, or even a simple mutilation... or two.
[EDITED TO ADD] This doens't mean that we should just ignore crime. Yes continue to prosecute criminals and punish them for what they have done - denying liberty is a form of punishment, and - more importantly - get certain criminals out of circulation. Keep society protected from the more serious offenders by locking them up for longer... and really enforcing those long term sentences. If they're innocent then hopefully they'll be able to prove it, even if it takes years to do so - that's till better than not giving the innocent the chance... 'cos in our righteous indignation we leathally injected them. [EDITED]
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Imagine (if you would) that I've just broken into your house and killed you family while they slept. I then plant enough evidence to frame you for their murder, (far-fetched I know - but stay with me here folks).
You go to court and are found guilty - and sentenced to death.
While you're waiting to die - the Home Secretary / Attorney General walks in and says to you - "I want to abolish the death penalty, but I need your support. Sign this agreement and I'll get rid of Capital Punishment - and your sentence will be for life." Do you sign? You
know you're innocent, but all those guilty people will also be spared... and locked away for life instead.
(i) If you didn't do it - why should
you be punished?
(ii) If you are innocent - are those victims (and their families) getting real justice?
(iii) If someone else committed the crime - and you're going to die for them -
they aren't being punished...
they are out there free to commit more crimes.
(iv) If you're still alive in prison - you can still try and argue your case. There are numerous cases where innocent people have proven themselves years after being sent to prison (think the Guildford Four and Birmingham Six in the UK, and the Hurricane in the US). In a couple of instances their release led to renewed police investigations and the real culprit being brought to justice!
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I have to say there's one thing that I'm not to certain about with Snuggle's initial post... Snugg - please advise me here:
QUOTE (Snugglebum the Destroyer @ Mar 29 2004, 09:35 PM)
So, my partner feels that the death penalty should be brought back in force for the more serious crimes such as murder, rape, armed robbery, burglary and to a certain degree drug smuggling etc...
Burglary - a crime so serious that a repeat offender should be killed (or by another standard - physically mutilated)???!!!?!?!? I’m hoping that this was just a typo… I mean seriously?
Pat breaks into his neighbour's house while they are out shopping and nicks the DVD player. (s)he's caught tried and after doing time comes out and breaks into a factory one weekend... caught again etc, then breaks into a shop one night, gets caught - found guilty and given a lethal injection OR has his/her hand amputated.
If that’s how you feel then
I feel that's a tad over-reacting. If it was a typo – my apologies and please disregard the last couple of paragraphs.
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2. The Reform of the Prison ServiceQUOTE
Perhaps someone has an innovative idea to deter criminal activity in this country?
It's an often-asked question, and one which makes a fundamental assumption - that the current system doesn't work... so why doesn't it work?
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We both agree that our legal system isn't working as it is - prison is no deterrent anymore.
If prison was ever a successful deterrent then, historically, Britain would have had a very small crime rate. This is not so.
We actually had the death penalty right up until the 60's (after that only for certain acts of treason). Yet it wasn't a deterrent. People committed violent crimes then as they do now. The only really significant crime rise is in sexual assaults (though many believe that in reality it's more to do with women managing to report these horrific crimes more readily than previously).
When the death penalty was abolished - there wasn't any increase in violent criminal activity.
Problems, Solutions and Cost?Prob 1. Our Prisons are overcrowded and to a lesser extent unmanaged. Young and first time offenders are being crammed in to general population with hardened/professional criminals, repeat offenders and serious offenders. They are being detained for up to years at a time in very close quarters to soe very bad company.
Sol 1. New prisons to cope with overcrowding and decent management - kids and first timers being segregated from career villains.
Cost 1. Bloody expensive in the short term - building costs, finding suitable sites, hiring staff, etc etc. In the long run cost effective as people won't re-offend - some projects of prison management show a trend away from repeat offending where first timers are segregated.
Prob 2. Is locking people up the only answer?
Sol 2. Look at alternatives to custodial sentences for lesser crimes. Eg, tougher enforcement of community orders, greater fines, curfews enforced through electronic tagging.
Cost 2. Very cheap - compared to the £20,000 per year figure Snuggles provided. So long as it's enforced properly - so more money / resources need to be allocated to the Probation Service.
Prob 3. Okay - we've locked up some people, we have to... but then what?
Sol 3. We should lock people up for three reasons (i) to protect the community, (ii) to punish the criminal, (iii) to provide an environment where the criminal can be re-educated / rehabilitated. To this end we need to ensure that people can't escape, that they aren't allowed certain rights (apart from denying them their liberty - how about taking away the ability to commit further crimes whilst still on the inside),
and provide a means to change them for the better. The toughest of these
is rehabilitation. For every criminal activity there are a myriad of socio - psychological - political - religious and even medical
programmes that can help alter the criminal's perception and (hopefully) change their attitudes for the better. These need to be at least tried out onevery prisoner and maintained on those who are responsive, with harder programmes for those who are less responsive.
Cost 3. This one varies - though it can be very, very expensive. One project in UK prisons saw prisoners being fed a healthy balanced diet with plenty of fresh fruit and veg, a little less red meat and no high fat foods. The results were amazing as violence and stress in the test prisons fell dramatically (the levels remained the same in prisons which didn't adopt the new meals). However, the experiment was canned as David Blunkett felt it was too costly, even though the initial results were very promising.
Prob 4. What causes the crime in the first place? Is it poverty? Changing social attitudes - a lack of societal cohesion? A greater exposure to violence and lawlessness through the popular media? The Failure of the police - too much red taped bureaucracy not enough crime-fighting? Rap Music???!!?! Actually it's a mixture of all of that (with the exception of rap music - which doesn’t cause lawbreaking at all... except maybe illegal music downloading Napster stylee).
Sol 4. A systematic, wide ranging and far reaching Government programme to tackle each of these issues. Helping to eradicate the worst forms of poverty will help (not just lowering crime rates - but also helping the people living below the breadline). Better schooling - teaching kids at an early age how to empathise with other people, showing them that harming each other is bad. Promoting forms of media which enforce a feeling of community and empathy with the victims of crime, whilst campaigning in the media industry for the self regulated toning down of the depiction of criminality - show it for what it is - don't glorify it. Reform the police services - cut down red tape, hire more cops (use the army if necessary

) - but above all make it easier for good cops to do a good job.
Cost 4. Mega-bloody-expensive. But it has to be done... and done
properly.
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Looking at all of this - I hope I have made my position clear as to why capital punishment is not yet desirable, and some of the many alternatives there are out there to resolving the prison/punishment crisis.
Whatever be said and done - the one key factor in all of this is going to be money.
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If you look at the figures - there are approximately 75,000 inmates in prisons in this country. It costs around £20,000 per year, per inmate to keep them there. This is our tax money.
Yes - and some would argue that this is one reason why you pay taxes. To keep the bad guys locked up.
Also the VAST majority of the 75,000 inmates did not commit a serious arrestable offence. Our prisons aren't filled with 75,000 murderers, rapists, paedophiles and armed robbers. The majority are crooks, sometimes even repeat offenders - but people who haven't done enough to warrant execution.To reform the system (and I feel that
some kind of reform
is needed), the government is going to have to spend even more of your tax pounds than they already do. Snuggle's post indicates that she (I think you're a she - sorry if you're a he) is not too happy with your cash being spent on evil-doers... perhaps we should look at it another way - our money is being spent on protecting us (and the rest of society) from harm... and if we feel that the government is failing in it's job - the bad news is - we're gonna have to pay even more to make it better.