Crime and Punishment (UK 1995)

When it comes to crime, or rather punishment, a grim and determined mood is in the air, and it is tougher and harsher than we have seen for a long time. Gone, it seems, is any desire to prevent crime before it happens, or to reform and educate the criminal. Instead convicts can expect more in the way of straight forward punishment, a hard time, a dose of their own medicine.

The Home Secretary [Michael Howard] has been told by his own officials that his proposed Boot Camps for young offenders will not work. In the United States, where the idea originated, they do little to stop repeat offending, and they will do no better here. What they will do is reassure those who feel the need for visible revenge that the "bad guy is hurting," to use the American phrase. Sadly, the likely result is that the bad guy will be more careful in future, or worse, more vicious. Was this lesson not learned in the days of Willie Whitelaw's Short Sharp Shock, when we had the worst riots in living memory? What is it in the world that makes us so keen to get tougher with criminals when all the available evidence tells us this only makes things worse?       

In his book  Zen and the Art of Motorcycle Maintenance, Robert Pirsig discusses what he calls "value rigidity" - the term he uses to describe those situations where we get into trouble because we put too much importance on one thing when we could more profitably value something else. The example he gives in his book is the South Indian Monkey Trap: take a coconut with a small hole cut in it, fill it with rice and and stake it to the ground. The hole should be just big enough for the monkey to get his empty hand in, but too small to withdraw his fist from when it is full of rice. A hungry monkey wanders up to the coconut for his free lunch, puts his hand in, and grabs a handful of rice. At this point the hunter runs towards the monkey, who tries to run away but can't because his fist is full of rice that he won't let go of. He struggles to pull his fist out, but fails. We can see the frantic logic all too clearly: he got his hand in, therefore it ought to come out. A few moments contemplation and it might all be different, but he's too busy yanking away in terror. He is trapped by his own value system. As long as rice is more valuable than freedom, he is doomed.

Poor Mr. Howard. His fist is in the coconut and he's clinging on for dear life to the policies he values so much. He can't get his hand out and keep his precious policies. What is he to do? He tells us "Prison works!" He promised the end of the "soft option" for criminals. Citizens would be "walking with a purpose," and goodness knows what else. Yet we are still plagued by crime [relatively speaking - worse than much of Europe, but still miles better than the US], and the prospect of ever harsher penalties not only goes ignored by criminals, it encroaches on the liberties of the rest of us—who end up paying for it all.

We are, as a society, missing something important. Like Mr Howard and the monkey, we too are committed to a set of ideas—about what is politically important—when it might be wiser to start thinking about what we really need to value. If a policy isn't working, surely we should look around for ideas that show more promise—even if they may seem antithetical at first blush. And here is the Home Secretary's bind. He has invested heavily, and personally, in traditional responses to crime, and adopting a new approach would be tantamount to admitting failure—and there are very few politicians brave enough to do that. His only hope, he believes, is to get tougher and tougher, as he pulls harder and harder, trying to free himself from his predicament.   

To emphasize this shift towards ever tougher policy, some convicts serving life sentences are now being told that they will die in jail. How this choice is made confounds many. It seems far more political than rational. No amount of reform or good works will improve their plight. They have no hope. No mercy will be shown. Indeed, it seems mercy has no further part to play in our system of justice. We are retreating to the atavistic position of an eye for an eye, which is surely a descent down a dangerous slope. But then it is easier to slide down a slope than to struggle up one. The rights and freedoms we hold so dear do not come cheap. The question is, are we still willing to pay for them?

Winston Churchill once remarked that the measure of a civilised society is how it treats its prisoners (Ref). With this in mind, on what grounds is Myra Hindley still in jail after thirty years? Prudence? Punishment? Or politics? What would really be at risk if she were released today? Most likely her life, and the Government's last hope of re-election.

Shakespeare wrote about the Quality of Mercy in times rather crueler than ours, and Gandhi, amidst appalling violence, said "The weak cannot forgive. Forgiveness is the gift of the strong." Without forgiveness, he thought, one is stuck in a cycle of bitterness, blame and revenge. We should be thankful for the abundance of goodwill in the new South Africa, where the predicted bloodbath has proved largely chimerical.

The desire for revenge is quite natural and understandable, but does exacting it actually do any good? Is the world any better for it? And is it not worse when the State exacts our revenge for us? Do we not slip a little further down the long slope of civility—the one we have spent so much time huffing and puffing to get up?

 

©
Ten years later we still hear the same old story - Guardian November 2005
Contrast 1995 with with 2006 - here
Excellent analysis of USA criminal justice system by Glen Loury - here

 

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