There is a fine line to tread
Source: Dall-e
Trying to figure out whether to punish a criminal and rehabilitate them is tricky and this week #hivelearners has asked its members to do just that. It is a topic that I'm not sure I'll be able to answer adequately, especially in only a thousand words or so. It is just far too vast a topic.
On the one side I think as a father. To keep a household functioning there have to be rules and there has to be punishment. If there are no rules then chaos reigns and bad behavior is certain. Even worse, without rules the children grow up without discipline and think that "anything goes" which just doesn't work in life. However, without love and nurturing children do not thrive either.
In the home I had certain rules for myself as a father as well. Rules has to be set and maintained but punishment should never be given out while I was angry. Lashing out at a child in anger or punishing for retribution was never right, at least for me. Neglecting punishment and caving in meant that the rules had no bite and would be disregarded. Sometimes I had to tell my child that I would think about punishment and discuss it at a later time when I had a cooler head to make sure I could think of something appropriate. In addition I had to weigh why my child broke the rules. Sometimes it was a simple mistake, sometimes it was because they were angry, hungry, hurt inside, or pressured by peers, other times it was defiance and disobedience. The root cause of the rule breaking was crucial to determine to decide what appropriate punishment would be.
There was even more than that though. I always had to focus on the end goal of why did I have rules in the first place? The "My house, my rules" was never enough justification. It was always because:
- I wanted peace in the home
- I wanted a home where everyone could be happy
- I wanted my children to develop into mature responsible adults
- I wanted to protect everyone in the house.
I always had to weigh punishments with those goals and is certainly wasn't easy!
I only had to think about the four people in the house, judges have to think about the neighborhoods, cities, and indeed the entire country. I really do not envy them at all!
Rules are important
I don't think anyone really wants to have a bunch of rules that they are required to follow. I think most people just want to be free to do their own thing. Unfortunately society doesn't work well that way. No-one wants to have the police show up and be told their party is too loud. Then again, no-one wants listen to noisy neighbors when they have to work tomorrow.
Rules (aka laws) are what keep society running. Even criminals know there is a need for rules to keep things running. The code Snitches get Stitches is a rule for criminals. I'm just as certain that Yakuza, Triads, Cartels and other organizations have rules to make sure their members stay in line. Even benevolent organizations like Hive communities have rules for their members. Even #hivelearners tells its members never to use hl-exclusive tag unless it is fitting for the post!
But how to punish rule breakers?
- If the punishment is too weak there is no deterrent to others
- If the punishment is too severe then children lose parents to jail cells
- If there is no mercy then those who could have been rehabilitated are lost
- If those who are dangerous to society aren't kept out then innocents can be harmed when they reoffend.
I'll admit I do not know where the balance is between Justice and Mercy and when in doubt I typically look to my Bible for answers but it only shows me the duality of crime and punishment.
It shows me that rules are absolutely necessary and important. Indeed when God chose his people the first thing that community gets are 10 commandments and a long list of rules to follow.
It also sets out punishment for those who break the rules. If you have ever heard the saying "An eye for an eye and a tooth for a tooth" that is
Exodus 21:24 "Eye for eye, tooth for tooth, hand for hand, foot for foot."
Look a lot later in the bible and it confirms that even the death punishment is understood to be acceptable
"For if I am an offender, or have committed anything worthy of death, I do not refuse to die; but if there is nothing in these things of which these men accuse me, no one can deliver me to them. I appeal to Caesar." (Acts 25:11, NKJV)
But it also understands that there need to be limitations and that mercy should be there also. From the Old testament
"Now this is the law pertaining to one who commits manslaughter and flees there to save his life, if he accidentally kills his neighbor without hating him at the time of the incident. Suppose he goes with his neighbor to the forest to cut wood and when he swings the axe to chop down a tree, the head flies off the handle and hits his neighbor so that he dies. He may flee to one of these cities and live." (Deuteronomy 19:4-5, NET)Or from later in the Bible.
"Then Peter came to Jesus and asked, 'Lord, how many times shall I forgive my brother or sister who sins against me? Up to seven times?' Jesus answered, 'I tell you, not seven times, but seventy-seven times.'" (Matthew 18:21-22, NIV)
So I get both principles of justice and mercy
No getting off the hook for judges thinking that they should go one way or the other. The answer is both ways depending on the situation!
Lessons from nature
Perhaps I'll look at nature for guidance as many people don't adhere to Christian values....and because it advocates both justice and mercy.
In nature the rule is often "survival of the fittest". Wolves cull the herd of the weak, sick and old perhaps that's something to look at? Indeed, if a vet finds a rabid dog it isn't put into quarantine to live out it's life, it is destroyed as a mercy to the dog and to protect humans and animals alike.
If we find a human who is much like a rabid dog why shouldn't we destroy them to protect society from them?
But then again, who among society is fit to judge those who are rabid and can't be saved versus those who could be saved with training, compassion and counselling?
However, looking at those same wolves that get rid of the sick they also get rid of the weak and aged. Do we really want to get rid of the weak and old?. If we don't value the life of all just how valuable is our society.
There must be a better way.
But I'll admit that I don't know it.
An old case that recently resurfaced
Just last week the case of Robert Pickton came back to the news where I live. He was sentenced to 25 years in prison and at his age that pretty much meant a life sentence. He was sentenced for the killing of 6 women. Charged with the murders of 27 and suspected or murdering 49. He lured women to his home, drugged them, killed them, butchered them, then fed them to his pigs.
I will offer him as an example of a "Rabid Dog" to be put down
However, 17 years into his 25 year sentence he was brutally attacked in prison. His injuries sent him to hospital where he died. In general the population felt nothing other than "he got what he deserved". If there was an outpouring of compassion for the man I haven't heard it.
Here are a few things to think about:
What would he have been like if he got out? Would he have truly been reformed? Would he have been able to function in society? Would he have been able to enjoy his post prison life at an advanced age?
How much money was spent to keep him alive in prison? Was that money well spent?
What would you do with 2.5 Million dollars?
Here's an article on the cost of housing prisoners where I live. Global news article
And it more or less says $50,000 - $463,000 a year in prison. For Pickton and a 25 year sentence lets take a number of $100,000. That means $2.5 Million dollars to look after someone who certainly killed 6 people and maybe killed another 23 more. Someone who needed to be kept away from society to protect the innocent. Someone who would be so old when they got out that they would never be able to enjoy life again!
It is hard for me to justify spending that much money for so little benefit. My heart says that that one bullet costs far less than $2.5 Million and I'm certain that my Pharmacy could procure the ingredients for a lethal injection for considerably less as well. But Canada doesn't have the death penalty as indeed many countries do not.
Which got me thinking about a "Hive Solution" to the problem...
I was thinking of my Nigerian friends in the #hivelearner community. I was thinking about how hard it is to survive on the small wages they get, how they have to worry about cultists and kidnappers as well as any number of other issues. That got me thinking about a Fun but unrealistic solution.
What if the government dropped $2.5 Million into HBD paying its 20% return monthly? $500,000 annually or about $40,000 a month. What if we shipped Mr. Pickton off to a rural town in Nigeria and asked the villagers to put him in a small house with a small fence and give him some food every day. Let's think of it like the "city of refuge" from the Bible. I'm certain that $40,000 would be a nice benefit to the community. Then add a tracker on his ankle and give every kidnapper and police officer in the area access to its location. If the man ever left his home and went elsewhere both the police and criminals would know.
Mr. Pickton would be allowed to have his garden and live the rest of his life.
If ever he tried to escape I'm certain he wouldn't get far. Everyone would know him as it would be very hard for a Canadian to be unnoticed in Nigeria :) $40,000/month for the community to keep him safe (a plus for the community) a $40,000 reward to any police or kidnapper who capture him if the tracker says he tries to escape. A reward that just keeps going up every month if he isn't returned to his home. Then when Mr. Pickton's sentence is over the government gets its staked HBD back. Mr. Pickton gets a life. A community gets some income. Even kidnappers get a chance at a juicy payday if the "prisoner" tries to escape.
Of course I doubt that any country wants to take criminals from another. Dumping our garbage (or at least our problems) on someone else seems quite unfair.
However, the thought of having a murdered relocated in an unfriendly environment far from home where the locals will certainly try to capture him (or worse) if he leaves his house seems somehow fitting and even has a biblical reference.
But enough of silly ideas
In the end justice is a complicated situation. I really do think that spending more money that many live in a lifetime to keep a murderer alive is a waste of money. It is also a very steep price for a chance to rehabilitate someone to a better life.
Then again, as a Christian, I believe a great price was paid to rehabilitate me. Why shouldn't that same offer be given to others in society?
Thanks for reading,
I wish I had a more conclusive answer but the best I can come up with is...
..... its a very fine line between justice and mercy
..... and I'm so glad that I'm not a judge.
As always I love comments