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Sunday, January 24, 2010

The evolution of a punishment

From Abilene Reporter News Online

In my government course at the University of Texas in Austin, I learned that crime is an act declared to be illegal and made punishable by the body politic. The body politic is the citizens of the community; city, county, state or nation. By vote, the citizens decide what is legal, and what is illegal. Nothing is set in stone. Even the Constitution can be amended by a sufficient number of votes. So, a crime is what the citizens want it to be.
Punishment, also, is a matter decided by the body politic — decided by citizens, not set in stone. Our Constitution states in Article VIII, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment inflicted."
Some people spread their confusion as to what constitutes "cruel and unusual." When the Constitution was written, burning at the stake was considered cruel, but it was done in Salem, Mass. Keelhauling, in which wrists and ankles are tied by a rope and the person is pulled under the keel of a boat, and cut by barnacles; or drawing and quartering, which involve cutting off arms, legs and buttocks; are generally considered cruel and unusual today. Today, a punishment such as spanking with the hand, or whipping with the belt, are considered cruel by some. Being confined in the stocks, with wrists and ankles secured, was once considered a psychological punishment that worked! Today, free room and board in a jail is considered punishment. Soon, I expect, having to go without body tattoos will be considered punishment.
The United States leads the world in producing prisoners. The United States is a training school for professional and amateur criminals. One of every 20 adults in Texas, or one of every 100 Americans, is either in prison, jail, on probation or parole. The cost is $62.01 per inmate per day, or $68,747,203,000 spent in 2006. Where does this money go? Among the expenses are police, guards, city, county, state and federal prosecuting attorneys, and judges (many of whom started as lawyers and identify with criminals, and grant probation). Also, there are those who try to redeem criminals, or breed with them. What do we get for this expense? A 2002 study showed 67.5 percent were rearrested within three years, and 51.8 percent were back in prison. To make matters worse, many of those returned may escalate the severity of their crimes.
Nonviolent, victimless offenses, such as cocaine and marijuana use, make up nearly 50 percent of the U.S. prison population, and they could be legalized and taxes paid. Cocaine used to be in Coca-Cola, and no one was harmed by its use. By contrast, drunken drivers try to go between the two trees of their hallucination, or hit another vehicle and kill someone.
When it comes to crime and punishment, Singapore is a model for the U.S. to emulate. Those addicted get rehabilitation, while pushers get caning, if they are lucky, and not execution. Singapore was one of the first countries in the world to use naltrexone, a narcotic antagonist that nullifies the effects of heroine on users. The idea is to treat victims and execute pushers.
Some have asked how I would like to be caned. Fact is, I wouldn't like it at all. I would avoid doing things that I might get caned for. That, to me, is the whole idea of punishment — to cause people to avoid doing things they might get punished for, and feel pain.

G. Curtis Hoskins, M.D., is a retired consulting pathologist living in Cross Plains.

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