Prison is a form of torture and vengeance. It does not
serve the interests of justice.
"There Oughta Be a Law!"
Actually there already is a Law. The Declaration of
Independence speaks of "the Laws of
Nature and of Nature's God."
- When someone says
- "There ought to be a law!"
- he really means
- "There ought to be government
action
-- there ought to be vengeance --
there ought to be misery and pain inflicted on the person who
offended me!"
And when the government says "Mr. Smith has a right
to quality health care," that usually means that Mr. Jones better
pay for Smith's healthcare, or pain and misery will be inflicted on
Jones.
"Prison" is the government's threat of
pain and misery.
Consider this op-ed from the Los Angeles Times
in June of last year:
Here's
what California Atty. Gen. Bill Lockyer said at a press conference
about Enron Corp. Chairman Kenneth Lay: "I would love to
personally escort Lay to an 8-by-10 cell that he could share with a
tattooed dude who says, 'Hi, my name is Spike, honey.'"
Here's why Lockyer should be removed
from his office of public trust: First, because as the chief law
enforcement officer of the largest state in the nation, he not only
has admitted that rape is a regular feature of the state's prison
system, but also that he considers rape a part of the punishment he
can inflict on others.
Second, because he has publicly stated
that he would like to personally arrange the rape of a Texas
businessman who has not even been charged with any illegal behavior.
Lockyer's remarks reveal him to be an
authoritarian thug, someone wholly unsuited to holding an office of
public trust.
But his remarks do have one positive
merit: They tell us what criminal penalties really entail.
Contrary to some depictions of prisons
as country clubs, they are violent and terrible places.
Tom G. Palmer, 'Hi,
My Name Isn't Justice, Honey,' and Shame on Lockyer, L.A. Times,
Wednesday, June 6, 2001
What is "Justice?"
Suppose I steal your car. What is "justice?"
Justice means I give you your car back. Plus the money you spent on
renting a car or bus fare. Plus whatever other damages I caused you by
taking your car. Justice means restitution. Justice means the
victim is made whole, restored to the position he was in before the
crime was committed.
"Justice" does not mean that you, the victim, must pay
$25,000 a year to lock me up with "Spike."
- R.J. Rushdoony, "Prisons,"
Institutes of Biblical Law.
- Joseph Farah, "Crime
and Punishment," WorldNetDaily, Feb.24, 2000
- Adrian Moore, "Private
Prisons FAQ," Reason Public Policy Institute
- Eli Lehrer, "High
behind bars," National Review Online
"Even behind the barbed wire and guard towers of
America's prisons and jails, a total triumph over drugs still
eludes the nation. America's failure to keep drugs out of a place
where almost nobody believes they belong illustrates the problems
of the drug wars as well as the management crisis inside America's
prisons."
- David B. Kopel PRISON
BLUES: HOW AMERICA'S
FOOLISH SENTENCING POLICIES
ENDANGER PUBLIC SAFETY
CATO Policy Analysis No. 208, May 17, 1994
- Timothy Lynch, Population
Bomb Behind Bars, CATO Daily Commentary, February 23,
2000. "As the nearby chart shows, it took over two
hundred years for America to hold one million prisoners all at
once. And yet we have managed to incarcerate the second million in
only the last ten years."
- William A. Niskanen, CRIME,
POLICE, AND ROOT CAUSES,
CATO Policy Analysis No. 218 November 14, 1994.
- Nick Gillespie, "Swift
Justice for Private Prisons," Reason magazine.
- Tom G. Palmer, 'Hi,
My Name Isn't Justice, Honey,' and Shame on Lockyer, L.A.
Times, Wednesday, June 6, 2001
- Competitive Corrections Research Project
next: Campaign Finance, Corruption and the
Oath of Office
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