The conventional theory looks to equitable punishment as an essential arm of justice. Everyone is responsible for his actions or omissions. One can take positive actions within the ambit of law, and enjoy the fruits of his efforts. But can any one be permitted to earn a benefit for himself out of illegal actions? There can be no mercy and forgiveness without the idea of deserving such forbearance. Therefore punishment is justified and also necessary. It is the recognition of a wrong doing and deserving, which ultimately enables the individual to receive mercy and forgiveness. "If crime is considered an illness, and not a wrong doing, there is no justice, but only a so-called cure. If the wrongdoing is not punished, but treated as if one would treat an illness, there is no justice. To cure someone of an illness that he 'could not help' leaves us without justice. First of all, the individual is no longer held responsible for his actions, as a result of this belief the individual is not punished"
(source web site: http://members.aol.com/plweiss1/crime.htm)
Humanitarian Theory of Crime
"Crime is an illness, a state of impaired functioning. Crime is an illness, which must be treated; and the people who commit crime must be cured. A person who commits crime must not be punished. We must adopt a therapeutic attitude towards crime. People who commit crime must be cared for so that their willingness and behavior be treated."
(Source web site: http://members.aol.com/plweiss1/crime.htm)
In an article on "The Criminal Justice System" Mr. John Albert states as under:
"The Criminal Justice System has only one legitimate function: to protect society from criminal behavior. Vengeance and Punishment are antithetical to that purpose.
Justice should be a shield, not a sword.
The United States Criminal Justice System needs to be reexamined. The indications are clear that it is not working well. It fails to adequately protect society from crime. It fails to reduce crime or to deter criminals. It returns criminals to society more hardened in a life of crime and less able to cope with their anti-social impulses. It fails to treat all of the accused with equal justice. It is discriminatory and racist. Punishment is not evenhanded. The poor and indigent do not receive equal justice. The death penalty is cruel and unusual punishment. It is ineffective and it is unevenly applied."
(Source Web site: http://www.oocities.org/Athens/Forum/8512)
The same author in another article "The Crime of Vengeance" speaks more forcibly as under:
"The United States currently has over two million people incarcerated in it's prisons. It is second only to Russia in the number of prisoners per capita. It is the only country in the western world to practice capital punishment. And it has the most unsuccessful and ineffective criminal justice system in the western world. Four out of five prisoners are repeat offenders. Half of them are serving their fourth sentence. Thirty percent are back in prison for parole violations. The Criminal Justice System is not working. It does not prevent crime, it does not deter crime and it does not reduce crime. There is a grave public need to examine the reasons for this.
"Public attitudes towards the criminal justice system are not only uninformed and unenlightened but they are based upon the need for vengeance. This situation provides a fertile arena for political demagoguery. Politicians, legislators and prosecutors want to appear to their constituents as being "tough on crime." They advocate the most punitive and vindictive treatment of criminals in order to appeal to the public's desire for vengeance in spite of the fact that those tougher laws tend to make society less safe.
"A serious and diligent rehabilitation program would succeed in turning a high percentage of criminals away from a life of crime. There are, however, many reasons why rehabilitation programs are not commonly in effect in our prisons. Most politicians and a high proportion of the public do not believe in rehabilitation as a desirable goal. The idea of rehabilitation is considered mollycoddling. What they want is retribution, revenge, punishment and suffering.
"The basic concept behind the punishment phase of our criminal justice system is one of vengeance. We want criminals to suffer severe punishment for their crimes. The idea of turning criminals into honest, productive members of society is considered naive and does not satisfy the need for revenge. Politicians have found that being tough on crime resonates with their constituents. Mandatory sentencing, truth in sentencing, three strikes and you're out, victim's rights, longer sentences, treat children as adults, no paroles or early releases, are the buzz words of the day."
