Tom Kawczynski - Off the Record

Crime and punishment is the theme of this blog entry.  It isn't something that I usually write about, but I find that working for the Courts and having daily exposure to these issues heavily impacts my opinion.

I've learned people are surprisingly vengeful.  The thought exists and persists that criminals cannot change, and should continue to be viewed suspiciously.  I agree that when people commit a violation of the laws that they should serve whatever appointed sentence is issued, but I also think that having done their time, that is where it should end.  It doesn't, and we consign people to a perpetual underclass based on what could be a mistake.

I believe different offenses have different values.  There is a substantially different character behind someone busted for smoking some weed and someone guilty of a violent crime.  We have a culture that can't decide if we're punishing or rehabilitiating so we do a little of both and none of either.  I think that jail is appropriate for people who have shown themselves unable to peacefully co-exist in our society.  For most other offenses, I think we're better served seeking restorative justice or leaving things well enough alone.

There are many instances where I think the state has offenses because it is not able to tax or keep a monopoly on a financial relationship, and I think of these as immaterial.  Theft is one thing, but when your only offense is to provide a financial challenge, that isn't an offense.  It's an over-reaching state.  I feel that way about most drug crimes also.  So long as what you are doing is not hurting anyone else, why should taxpayers pay tens of thousands of dollars per year just to tell you what you can and cannot use.  With hard drugs, I can understand the argument, but with marijuana it just becomes insane and wasteful.

I believe in restorative justice.  If you send people to an environment that is full of criminals, you invariably get the worst of the lot as the exemplars.  Instead of paying to have people sit in a room, have them pay for their actions against society by cleaning a road, helping some students, or making a positive difference that benefits the community instead of having a cost.  We all benefit from that.

But people believe criminals are guilty and should be punished, until they become one themselves.  But no one listens, because they deserve what they get, right?

People deserve the opportunity to restore their lives, to live as they choose so long as they don't hinder others, and though it may be unpopular to say this, I include those who were convicted and who have made mistakes as having the same chance to create a better tomorrow for themselves, save for those who have clearly demonstrated they are unable to do so without resorting to violence and the endangerment of others.