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Duality wrote:society creates alot of psychological turmoil which it must then attempt to alleviate. it really doesnt even matter at this point as the system is set up largely to create a profit margin and lock away societal undesirables anyway.
James S Saint wrote:Duality wrote:society creates alot of psychological turmoil which it must then attempt to alleviate. it really doesnt even matter at this point as the system is set up largely to create a profit margin and lock away societal undesirables anyway.
So true.
What a judge "should" be doing is deciding the best course of action. In that endeavor, a childhood review might or might not be relevant. But as Duality inferred, magistrates do what brings the best profit margin for their masters.
lizbethrose wrote:A lot of stock seems to be given in criminal justice to the way a person was raised. Is this always reasonable? Should judges even take someone's childhood into consideration in deciding a criminal case? Most people from lousy homes don't end up criminals, after all, although they may not be the greatest people in the world. What is the sort of abusive home that creates criminals? More than one question, I know, but they are all related.
PavlovianModel146 wrote:James S Saint wrote:Duality wrote:society creates alot of psychological turmoil which it must then attempt to alleviate. it really doesnt even matter at this point as the system is set up largely to create a profit margin and lock away societal undesirables anyway.
So true.
What a judge "should" be doing is deciding the best course of action. In that endeavor, a childhood review might or might not be relevant. But as Duality inferred, magistrates do what brings the best profit margin for their masters.
Right, because putting people in prison is profitable for the State. It certainly saves all kinds of money to feed, house, clothe and administer medicine to people for years, or even the remainder of their lives depending on the crime.
"Violent crime was not responsible for the quadrupling of the incarcerated population in the United States from 1980 to 2003. Violent crime rates had been relatively constant or declining over those decades. The prison population was increased primarily by public policy changes causing more prison sentences and lengthening time served, e.g. through mandatory minimum sentencing, "three strikes" laws, and reductions in the availability of parole or early release. These policies were championed as protecting the public from serious and violent offenders, but instead yielded high rates of confinement for nonviolent offenders. Nearly three quarters of new admissions to state prison were convicted of nonviolent crimes. Only 49 percent of sentenced state inmates were held for violent offenses. Perhaps the single greatest force behind the growth of the prison population has been the national "war on drugs." The number of incarcerated drug offenders has increased twelvefold since 1980. In 2000, 22 percent of those in federal and state prisons were convicted on drug charges. half of all persons incarcerated under state jurisdiction are for non-violent offenses."
http://en.wikipedia.org/wiki/Incarceration_in_the_United_States
PavlovianModel146 wrote:The only, "Masters," judges really have is the judges of Higher Courts, and the voters, I guess, in the case of Judges who gain their gavels by way of vote.
Duality wrote:The penal industry is one of the most lucrative/developed industries in the US and many other developed nations. tons of jobs and tax revenue generated from/for it. also not all crimes lead to incarceration whereas things like traffic fines and petty crimes serve mainly to generate tons of revenue for the state. Certain laws like drug and anti-racketeering serve mainly to lock away minorities and other impoverished lower income groups for the state.
The only masters judges have is corporate bankers business owners lobbyists and whoever else finances the campaigns of politicians.
PavlovianModel146 wrote:I agree, to an extent, about the traffic fines and the petty crimes, however, those don't really go to the prisons and it is from the prisons that the bulk of penal spending occurs.
PavlovianModel146 wrote:Locking away the impoverished does not really do anything to increase revenues as they are being allocated more Government funds than otherwise would be the case. All you really have to do is look at how much is spent, per prisoner, and that will illustrate what I'm talking about fairly well.
PavlovianModel146 wrote:The only masters judges have is corporate bankers business owners lobbyists and whoever else finances the campaigns of politicians.
If you say so. I doubt if the paltry $3,000 total that was spent on one of our county's Judges in her recent re-election is really enough to sway her bench decisions, but who knows?
Duality wrote:it is all controlled by the federal/state government nevertheless
The impoverished are the ones least likely to obey the system along with idealists as they have the least to gain from it. it is simply damage control of self-inflicted wounds and disposing of threats to the system and its ideals.
she wouldnt be there if the governer didnt want her there trust me.
PavlovianModel146 wrote:Duality wrote:it is all controlled by the federal/state government nevertheless
How can the Federal Government control certain laws/punishments/fines Constitutionally reserved for the States. Further, how can the States control laws/punishments/fines State Constitutionally reserved for Municipalities?
PavlovianModel146 wrote:In any case, you said the point was revenue-related, and you now admit that it is not.
Duality wrote:she wouldnt be there if the governer didnt want her there trust me.
She predates our current Governor, and the Governor before him. Governors have openly opposed candidates for various positions who have, nevertheless, won, not least of which is their own opposition for the seat of Governor.
Duality wrote:I was referring to the budget.
I said it was largely revenue-related.
Yea its all part of the game. Just like democrats openly oppose republicans when really its all the same thing essentially
PavlovianModel146 wrote:Duality wrote:I was referring to the budget.
For the Municipalities? They have many of their own tax sources.
PavlovianModel146 wrote:You said that, but then you essentially conceded that it doesn't make the most money.I said it was largely revenue-related.
lizbethrose wrote:But how do you change social attitudes when criminality is 'explained' by on-going blame on nurture as the cause of criminality? Kids seem to now feel that they're 'depraved' because they're 'deprived.' They don't have to live in ghettos, their skin color doesn't have to be a minority designation symbol. They feel they're deprived because they don't have the 'stuff' they think other kids have. So they steal the stuff from the kids that have the 'stuff.' Or they find illegal ways of getting the money to buy the stuff.
fuse wrote:Of course the environment contributes to peoples' behavior. But is it really true that so much weight is given in criminal justice to how people are raised? I think that childhood only becomes a major focus in exceptional cases.
Poverty and abuse increase the chances someone will commit a crime. If it seems likely that nurture played a role in making someone a criminal than a different kind of nurture might lead to them not being a criminal. Also there is a sense of unfairness that is being taken into a account by those judges who weigh in nurture in their sentencing.lizbethrose wrote:A lot of stock seems to be given in criminal justice to the way a person was raised. Is this always reasonable? Should judges even take someone's childhood into consideration in deciding a criminal case? Most people from lousy homes don't end up criminals, after all, although they may not be the greatest people in the world. What is the sort of abusive home that creates criminals? More than one question, I know, but they are all related.
Think of how you or people you know react after a day being shit on by their boss and then getting stuck in traffic for an hour extra. People I know, generally nice people, can be nasty when they get home. If your childhood was a bad day most days, this changes the way you react. If your were treated poorly and it seemd to be by society, this can make one feel outside of that society, that there is no contract of any kind.lizbethrose wrote: To me, there's the implication that nurture oftentimes overwhelms nature.
I think it should be taken into account in sentencing. I do not think this is an easy task and I cannot imagine a formula. However if I find out a 19 year old was subjected to sexual abuse for much of his or her childhood and this person is a thief, I would be much more inclined to work out some kind of parole/treatment rather than prison. In a sense society did not raise this person well and society needs to make up for that, even if society cannot be expected to go into people's homes and make them not commit crimes against their children. Taking the same kind of case, I would be even more likely, as a judge, to reduce or eliminate a sentence if that child was placed, by the state, in a foster home, where the child was raped. But of course you have to take in a lot of factors. If someone seems to be a clear threat to other humans, to some extent it doesn't matter why. to some extent. A serial killer who was horribly abused as a child - and many if not most are - you are still dealing with a serial killer. So being nice to them, puts others at risk if you cut their sentence way down, or even, in many cases, ever let them out. But taking a for me easier set, the set of non-violent crimes, I would be much more lenient with people who had terrible childhoods. There should be more rehabilitation options and whatever there are I would try to use. You would likely also want to take into account if the person seems interested in changing -which is going to be a subjective, intuitive read by the judge and whatever psychiatric expert advice the judge gets. If the person is a career criminal, my sense of their childhood probably weighs less, me being a hypothetical judge. But with first time criminals especially, it would weigh in.lizbethrose wrote:What you're all saying is true, and I agree with it. What I'm asking is should all that (what y'all have said) be taken into account in sentencing? No matter what the circumstances of your background were like, if you become a thief, you're a thief and should be punished as a thief, not as a deprived child. I was reading parts of the psychiatrist's report on Casey Anthony just today, for example. His conclusion was that Casey was sane--yet her defense insisted that her father sexually abused her as a child (he consistently denied the allegation.) Are things like that raised in court in order to gain sympathy for the defendant? What difference does it make as to the criminal act?
It creates profits for people with tremendous influence over local, state and federal governments.PavlovianModel146 wrote:James S Saint wrote:Duality wrote:society creates alot of psychological turmoil which it must then attempt to alleviate. it really doesnt even matter at this point as the system is set up largely to create a profit margin and lock away societal undesirables anyway.
So true.
What a judge "should" be doing is deciding the best course of action. In that endeavor, a childhood review might or might not be relevant. But as Duality inferred, magistrates do what brings the best profit margin for their masters.
Right, because putting people in prison is profitable for the State. It certainly saves all kinds of money to feed, house, clothe and administer medicine to people for years, or even the remainder of their lives depending on the crime.
lizbethrose wrote:A lot of stock seems to be given in criminal justice to the way a person was raised. Is this always reasonable? Should judges even take someone's childhood into consideration in deciding a criminal case? Most people from lousy homes don't end up criminals, after all, although they may not be the greatest people in the world. What is the sort of abusive home that creates criminals? More than one question, I know, but they are all related.
Moreno wrote:
It creates profits for people with tremendous influence over local, state and federal governments.
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