THE FOURTH WAY : REFORMATIVE
JUSTICE
( Extract from “ Victorious”-
Collected Prison writings by Paul R Denton)
“ An insult to one is an injury to
all” ( Anon.)
Human history is
a power struggle between Knowledge& Empowerment vs Prejudice &
Politics.
The outcome of any decision is not
always based on what appears to be fair , right and just. But every
decision you make or is made...has a consequence- good
or bad on the collective consciousness. I humbly submit society must
evolve its outlook in the 21st century to
meet the Dawning of a Golden Age of Justice...a new kind of
justice...a 4th way!
The horizon of this
illuminated ,enlightened approach must of sorts begin from somewhere
and must of sorts go somewhere. That goal... those who we call “
reformers” ...all have ONE idea in common; and ONE emotion
motivating that objective, it is the emotion that directs the genius
of the human spirit to seek “ balance”....to suffer the
roads' travails to achieve that harmony and to boldly go where none
have dared go before! All these great men and women in history
articulated major shifts in HOW we as society think , and or act.
To most it was a
thankless task ; and to a select few that emerged as beacons of light
in the mud of obscurity ; we fail- too often to recognise their
contribution to the evolution of humanities conscious awareness of
itself. The people who are under the yoke of an unrighteous ruler or
regime have always suffered the poverty of morality and common sense.
It is this fact that is the key to understanding a broken society –
and how and what needs to be done to make it better.
This is “ reformative justice...”
...and this should
always be the aim of those who seek it – ie: to make society
better and a better place in which to live.
This should be –
must be- the benchmark of all those who seek real justice for
all!-But who defines this? And by what means? To answer this we need
to look at all the existing forms of justice systems; and , how
successful they have been thusfar.
1.RETRIBUTIVE
JUSTICE
At the core of how justice is perceived
throughout the ages is the administration of punishment for an
offense. The severity of the punishment acts as a deterrent for
others...an “ eye for an eye...a tooth for a tooth”...retribution
and vengeance sends a clear message ( they go hand in hand actually)-
“ do this , and you WILL be punished!”
Unfortunately, this way of thinking
permeates even modern societies and penal systems in the conservative
West and most developing countries.
Retributive justice doesn't seek to
reform, rehabilitate or restore... ; it seeks only to instill
fear...and discipline- and thereby to contain the situation and
control the outbreak of a situation. Kings chopped peoples heads off
in the Middle Ages, judges put people to death by hanging and despots
created new inventive ways and means to torture and create pain.
There are so many examples of the “ successful” rule of despots
and tyrants through the usage of extreme retributive justice. Vlad
Tepes the person that inspired Bram Stokers Dracula impaled the
OttomonTurks with wooden stakes up their anal passages and planted
them in the ground – he became known as “Vlad the Impaler... “
and whilst they screamed and struggled in agony – naked and
bloodied on those wooden
poles up their asses... he would have a
feast – a banquet for all the VIPs in his kingdom... it was
sadistic..and it was middle ages entertainment. “Gleeful
punishment” Bloodsport...
Yet the Pope at the time
bestowed on him – on Vlad ...” The Order of the Dragon” as the
defender of the Catholic faith in Europe from the onslaught of the
Mussulman hordes. Dragon translated in local Dachian as “ Dracul”
and in fact was transliterated by the public as “
devil”...”Dracula”. To the Muslims he was indeed the devil
incarnate with his bizarre justice.
In London retributive justice for
murderers was at one point to be chained to the walled embankment
next to the Thames River at low tide. As the tide of the Thames rose-
the murderer would squirm and struggle and scream for mercy before
he drowned....the populace would binge drink and jeer and joke at the
object of their sport...their bloodsport... hangings- drawings –
drownings and beheadings had to be public- this was an element
necessary for retributive justice to make it a deterrent for the
masses...
It was said that Vlad Tepes of
Transylvania had a beautiful golden goblet next to a water well in
the middle of the Town Square in Bram. It was placed without guards
or security next to the well where anyone could use it to drink cool
water from...but on pain of death ...it was never..nver to be removed
from the confines of the square... and it was never stolen...never.
Did it work? Retributive justice? -
yes..it did.
At the heart of any modern fair system
of justice there is and probably always should e an element of
punishment..but not sadistic punishment....history has shown
retributive justice creates deep resentment and even injustice...
Indeed- retribution does not solve
crime or stop criminals from committing further crimes....
retributive justice taken to its extreme may stop crime being
committed ; but it doesn't create a moral or fair society. In fact it
usually undermines democratic principles; civil liberties and human
rights. It has a place but its place in an evolved society ...a
civilized society- is and always should be ...a last resort.
It is like a defibrillator for the
heart- when the heart stops or ceases to function properly – it
needs an electric shock ...that is what retributive justice is and
does. It doesn't necessarily restore the balance nor does it maintain
moral authority- it is a plaster- a deterrent- a stopgap...thats all.
The electric shock of retributive
justice is there to send out a message to the people...the masses...
don't mess with us!...the Nazis- the Fascists- the Romans- Genghis
Khan- The Stalinist and the Troskyites – the Stasi- apartheid South
Africa...and even George Bushes America ARE ALL GREAT PROPONENTS OF
RETRIBUTIVE JUSTICE...ALL WRONG!
But over the last century justice has
evolved as society has evolved- a civilization- it is said is
measured by how the people or a people treat the worst of the
worst...in retribution there is NO thought of mercy- or fairness-
rehabilitation...or restoration. The guilty must suffer –
period.
Oscar Wilde once commented on Queen
Victoria's criticism of flushing toilets and subsequent removal of
them from HMP Wandsworth- “ If this is how Queen Victoria
treats her prisoners , she doesn't deserve to have any!”
Prison was until 50 years ago a
place where a person was simply punished... a place of “
atonement”...if hell could be mirrored or reproduced on Earth then
according to proponents of retributive justice – they should be
beaten- humiliated and even buggered up the ass ...for
the length and breadth of their prison sentence. In fact they should
be forced to do slave labor ...and should learn NEVER to challenge
authority or even to question it.
EVER.
But...as history has amply proved to
us...retributive justice taken on its own... does not work...why? Its
simple...
“ An eye for and eye , and a tooth
for a tooth makes the world blind and toothless...it is
dehumanizing ...stinking thinking....
Bonny & Clyde
are two prime examples of the effects of retributive justice ...this
wrong way of thinking. In a modern context... the recent beheading in
Woolwich is another example of retributive justice gone wrong.
So sadistically was
Clyde abused during his sentence by the prison governor that it “
triggered” him to embark on a vicious crime and killing spree that
has fascinated us ever since. He even went back to the prison he was
incarcerated before and dealt with the governor...permanently.
The system has lost
its moral authority in Great Britain and America … and society at
large is paying the price...this big society has become a PIG
society...!
If the prison
system thinks like this; history has shown ...society always
pays... ( as was seen in the London riots)...
If the justice
system thinks this way – people become animals and crime becomes
rampant and unfettered... cruel and merciless.
This kind of
justice actually creates crime!
Creating offenders
by harsh – sadistic and inhumane treatment certainly is proof
enough that retributive justice on its own … does not work!
The bad become
worse; and the good become bad... its that simple. Offending behavior
cant be “ cured” by retributive justice alone. True
rehabilitation begins with legislation and good governance. It begins
with humanising offenders . The loss of ones liberty is
punishment enough on its own!-
The loss of humanity is indeed a
crime against humanity!
Unfortunately, in
the worlds second oldest justice system this archaic way of thinking
still exists in the mindsets of those who impose the punishment and
make up the rules. And to a degree it exists in the penology systems
of the worlds most modern democracies.
Retributive
justice creates crime.
Injustice. Resentment. It does little to address the root causes of
criminal behavior. In short its NOT the way of the future ...but
belongs to the past...
Retributive
justice by definition is regressive
in this 21st
Century.
…......................................................................................................
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