On 28 Jul 2002 at 3:26, Walpurgis wrote:
> 
> Joe wrote:
> 
> "Let me get this straight; my original example was of an adult male who 
RAPES AND MURDERS a five year old girl, and you would NOT EVEN 
INCARCERATE such a person!!  Whaddaya wanna do; issue him a 
parking ticket and hope it's an isolated offence?" 
> 
> I fear rational conversation just flew through the window as loud and 
graceless as the corpse of a 5 yr old.
> 
> "We indeed have nothing more to say to each other on the issue, for 
there is nothing further I can say concerning the issue to a person who 
holds and defends such a "beyond the pale' position."
> 
> Your distortion of my position was quite amusing, but will get us 
no-where.
> 
> Small steps Joe. A radical overhaul of our justice system and how people 
understand crime and punishment is a long way off. For now it is only 
possible to make small changes. The first kinds of changes can begin with 
improving prison conditions (especially where sexual assault of inmates is 
concerned). Brutalising criminals (or should I say *possible* criminals!) 
>
The brutalizers are most definitely criminals at the moment they begin to 
brutalize other inmates.
>
>on 
the inside breds resentment, fear, pain and more brutality. It should be 
evident to anyone familiar with recidivism rates and crime rates that prison 
does not act as much of a deterrent, nor does it reform. However, it most 
certainly punishes; for many it tortures. Prison appears to be little more 
than a way of avenging a victim by perpetrating more victimisation.
> 
No, it is a method of protecting the populace at large, by isolating criminal 
threats from them, so that the criminals do not victimize that populace 
further.
>
> Regarding the problem of oppression you said that:
> 
> "I still hold the opinion that I voiced in my comparison of 'gender' and 
> 'nature' ecofeminists; that dominance/submission paradigms are 
> imprinted during childrearing, and to eliminate them, we must discover 
> noncoercive ways of raising our young."
> 
> I would agree with this. But I do not understand why such a practice 
could not be extended to social interaction generally.
> 
> The spirit behind this notion also informs criminal rehabilitation. Taking 
revenge on the criminal only puts the person is a worse position. Taking 
revenge is the result of the visceral feeling we have when someone harms 
us. Taking revenge does not account for the social complexities and 
impoverishment of circumstance or conscience that are involved in the 
making of a criminal.
>
Isolating the murderer/rapist of a five-year-old from civil society via 
imprisonment protects the rest of that society's preteen girls from the 
murder/rapist's likely subsequent predations.  We should be even more 
concerned with the rights of innocents not to be subsequently raped and 
slain by a proven murderer/rapist than we are with the 'rights' of that 
murderer/rapist to subsequently walk and stalk among us.  I certainly am.
>
> When criminals meet their victims (in what is known as an "encounter") 
they have the chance to understand how their actions have harmed real 
people: "for offenders, hearing the victims’ story not only 
humanizes their victims but also can change the offenders’ 
attitude about their criminal behavior." The whole point of this is to deal 
with the feelings of hostility both criminal and victim feel and move towards 
reconciliation. It is important to understand that though it is difficult to 
isolate exactly how responsible a criminal is for his/her actions (due to the 
complexity of socialisation and life-context), the criminal must consider 
him/herself accountable. For more see:
> 
> http://www.restorativejustice.org/rj3/Introduction-Definition/Encounter-2.htm
> 
> The principles of restorative justice have been applied to schools; see:
> 
> http://www.transformingconflict.com/
> 
> Restorative justice would need to be supported by policy and institutions 
which support its methods and that competently deal with the causes of 
crime.
> 
> Perhaps prisoners can have their sentances reduced if they choose to take 
part in "encounters" with their victims. Maybe eventually, we can be rid of 
prisons and their deleterious effects on humanity.
>
Surely you are not suggesting that such a policy could work with the 
sociopaths among us, people such as Dahmer, Bundy and Gacy!  They 
look upon other people as things, to be used and abused for their own 
pleasure, and rather than such encounters humanizing them (as if 
encounters with their corpses, or in Dahmer's case, what was left of them (I 
would hope they would feed him first!) - could), it is much more likely that 
they, and many others, would attempt to 'game' such a system to win their 
release so they could resume their predations.  And of course people who 
did what they did for ideological reasons and have nothing but contempt 
for the manner in which we are presently politically, economically and 
socioculturally constructed, such as Mcveigh and Kaczynski, would most 
likely approach such a system in the same way.
>
> I am not in any position to plan a society with less prisons, where prisons 
are only used for cases which seem to be beyond reform (which probably 
count for your rapist/murderer example). However, one possible option for 
many prisoners is illustrated by recent experients with electronic tagging, 
allowing prisoners to live outside their prisons, with family and friends, and 
to carry on working and earning, while under surveillance to moniter 
criminal 
activity.
>
Ankle bracelets could deter neither murder nor rape; they could only aid in 
establishing guilt a posteriori.  Even a chastity girdle allowing 
urination/defecation but preventing intercourse could not deter 
'resentment' assaults with surrogate objects.  And of course there is always 
the danger of removal.  By small steps you seem to be assuming the same 
position I previously decried; that of letting these human time bombs tick 
among us.
>
> Criminals aren't usually monsters. Usually they need help with financial, 
social and psychological problems. Your case of the rapist/murderer is 
certianly unusual and extreme, and as such, the criminal would not likely 
benefit from restorative justice. However, he would also certainly not 
benefit 
from prison violence.  
>
One cannot jargonically medicalize all moral lacunae; this was Szasz's 
(widely missed) point. 
>
> Benefit!? But he's a violent and cruel criminal!? Why are we discussing 
benefit!? Becuase it is the only rational option. Increasing this criminals 
misery does nothing but make this dangerous person more dangerous. It 
also reinforces the violent behaviours of those prisoners that would choose 
to rape and beat him. Treating him with respect and giving him the chance 
to improve opens up possibilities for constructive and positive actions or 
thoughts by the criminal, or to at least minimize the cycle of violence and 
reinforcement found within prisons currently. 
>
Isolation and execution are the only options that protect society at large; 
the very danger that inmates present to each other richly illustrates the 
dangers they pose to innocent, trusting, peaceful and in many cases 
weaker civilians (much easier marks).  If they must be isolated from each 
other for mutual protection, must surely they must be kept isolated from 
US.
>
> Male rape in prisons expresses and reinforces deeper oppressive social 
and psychological structures. 
> 
> "By turning some men into 'women' these inmates use sexuality to 
dehumanise and degrade fellow inmates." (Sim, J. - "Men in Prison", in 
Newburn, T. and Stanko, E. (eds.) Just Boys Doing Business? , p107). The 
example of male rape illustrates two points. First of all it is indicative of the 
ideology of male supremacy that is core to the ideology of masculinity. 
This 
is indicated by violently forcing other men to be in the position of 
“the 
Other”; that is a woman or homosexual. These Others are outside 
and subordinate to the dominant male heterosexual hierarchies, thus 
forcing 
another man into this lower category, forcing another man beneath him, 
illustrates the rapist’s power and gain. 
> 
> The second related point is that men must emasculate each other to some 
degree so as to gain status, to rise above, by knocking another down. This 
competitive vampirism need not be violent (though in an institution like the 
prison or army barracks it is more likely to be), it can take more subtle 
forms 
according to the institution the hierarchy is embedded in, like public 
humiliation, demonstrating how less cool or tough another male is, gloating 
over winning a game, intellectual browbeating, sexual conquest at the 
other 
man’s expense and so on. In this way, masculine identity is always 
subject to erosion or even destruction, it is constantly under attack and 
must 
be defended by reciprocating these attacks within the given hierarchic 
frameworks by gaining status by whatever means are acceptable. " 'Man' is 
an ideology which all men are striving to achieve and has to be 
competitively 
accomplished." (Brittan, A. - Masculinity and Power, p36. Also see 
Horrocks, 
R. - Masculinity in Crisis and  Jefferson, T. - “Theorising Masculine 
Subjectivity” in Newburn, T. and Stanko, E. (eds.) Just Boys Doing 
Business? , p13).
> 
> However, the violence and competition inherent in masculine ideology 
ensures that failure can be catastrophic for a man and those around him. 
Men like Peter Sutcliffe, better known as “The Yorkshire 
Ripper”, felt that he was not a “real man”, and 
murdered women to prove that he was in fact a man. The deeper misogyny 
and fear that permeates masculine ideology is exemplified by these 
failures, 
revealing the psychotic tendencies that define it. (Horrocks, R. - 
Masculinity 
in Crisis, p125-128).
>
Violent criminals did cruel and vicious things to be incarcerated, so it is no 
surprise that they would continue to do so once imprisoned.  Of course, 
they would also continue to do so if freed, and given a choice, I vastly 
prefer them doing such things to each other than the alternative of 
allowing/permitting them to have the subsequent opportunite to once again 
do them to US.  If this disturbs or distresses our delicate sensibilities too 
much, then massively raise taxes and build isolation cells for all violent 
criminals in order to protect them from each other, and face the fact that 
such isolation will itself be considered cruel by some.
>
> Walpurgis
> 
> 
> 
> 
> 
> 
> ----
> This message was posted by Walpurgis to the Virus 2002 board on Church of Virus BBS.
> <http://virus.lucifer.com/bbs/index.php?board=51;action=display;threadid=25800>
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