the 4th way- part one : retributive justice

 

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 21^st century to meet the Dawning of a Golden Age of Justice...a new kind of justice...a 4^th 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 21^st Century.

…......................................................................................................