Punishment or Justice?

America would be wise to understand the difference between punishment and justice.” Adam Kokesh, June 12, 2014

In order for justice to be served, there must be a crime. If there is no victim, there is no crime. As stated in a previous post, America – the supposed land of the free – has the highest per capita prison population in the world. Most of these prisoners are incarcerated because of the War on Drugs. Many are now joining them due to the War on Terror, or in the name of “safety”. Today, Americans are being spied on in an effort to control speech. For example, Brandon J. Raub, a Veteran, was arrested solely for his Facebook posts. Dissenting speech or possession of certain items, such as drugs or guns, deem you a criminal in the eyes of the State.

But how do those things alone produce a victim? They don’t. A real crime involves two parties: the offender and the victim. Government is not society; it is a monopoly on force. It is impossible for government to claim property rights on anything. Ayn Rand noted, “‘The common good’ (or ‘the public interest’) is an undefined and undefinable concept: there is no such entity as ‘the tribe’ or ‘the public'; the tribe (or the public or society) is only a number of individual men” and “When ‘the common good’ of a society is regarded as something apart from and superior to the individual good of its members, it means that the good of some men takes precedence over the good of others, with those others consigned to the status of sacrificial animals.”

Who is being served when people are punished by the State for “crimes” without victims? Politicians are, when passing legislation. How the decision makers are chosen in the American criminal justice system is also a political process. Judges and prosecutors often act with their own political ambitions in mind. This results in political demagoguery and the prosecution of perceived political enemies.

The vast majority of criminal cases end with a guilty plea rather than a trial. We have a system of pleas rather than a system of trials. The defendant who goes to trial instead of taking a plea will most likely be harmed by receiving a conviction on more serious charges and the imposition of a more severe sentence. In other words, you are penalized for going to trial. Prosecutors love plea bargains because they are evaluated largely by their conviction rates, and all plea bargains result in convictions. Prosecutors use overcharging to coerce guilty pleas from defendants and deprive them of the procedural safeguards and the full investigation of the trial process.  When overcharging and the trial penalty are combined in the regular practice of plea bargaining, defendants have little choice but to plead guilty, and virtually every act may be disposed of without a trial.

A jury trial provides no guarantee. Jury verdicts are very unpredictable. They are often intolerant and unfair. Counsel is not permitted to present the concept of jury nullification to the jury. In 2011, prosecutors charged Julian P. Heicklen, a retired chemistry professor, with jury tampering because he stood outside the federal courthouse in Manhattan providing information about jury nullification to passers-by. Almost always, the jury will convict a person based on what the government says the law is, and not the law itself.

The Prison Industrial Complex pulled in more than $5 billion in America in 2011. Our epidemic of incarceration costs us taxpayers $63.4 billion a year. There are financial incentives to keep the prisons full, and there are also financial incentives for “humanitarians” with their “healing therapy.”

Locking people in cages and coercing them into plea bargains in order to serve the political elite and the well-connected, especially when the crime has no victim, is not justice, and justice is not the intent of the U.S. system. The American system is designed to make criminals when there are none, and force people to admit to wrongdoing when there is none, while using propaganda such as “public safety” to get away with it, and is centered around punishment rather than justice.

Punishment is an emotional, vindictive, and retaliatory reaction. It doesn’t make the victim whole. Justice is rational, while bringing vindication and closure to the victim. It is determined by the actual victim and not politicians. It does not further victimize the victim by forcing payment for the prison industrial complex through taxation, but instead allows the victim to be compensated through repayment and reparations. Truly dangerous criminals should be forcibly isolated from the rest of us, but when property rights are perverted and moral principles are lost, true justice is rarely served.

 

-Kim Shady

 

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3 thoughts on “Punishment or Justice?

  1. Wrong. A victimless crime is a term used to refer to actions that have been ruled illegal but which are argued not to directly violate or threaten the rights of any other individual. It often involves consensual acts in which one or more persons commit a criminal offence in which no other person is involved. For example, in the United States, current victimless crimes include prostitution, gambling, and illicit drug use. DUIs can rise to criminal charges without a victim.Several charges just at the limit and a crime has been committed witout a victim.
    I do not have any special love for the USA but as I look at other places to live the USA and Canada are my preferred places. I love Italy but there justice system is crazy. There you are guilty till you prove you are innocent. Note the 5 years+ case of a young girl accused of killing her roommate.They already hade the killer on some charges but they desired to charge her with the crime not based on evidence but bast on her behavior.She did not behaved grief stricken and this made her look suspicious. The story is much longer then I am relating,Back and forth and she is finally released – no evidence. Italy wants her back to be retried!!! There are countries were I know I would be killed for not covering up enough, having prohibited sex, or punished for driving a car. The biggest problem this country has is politicians and politics. It is a dirty business. Money making and corrupt . Washington is in the pockets of the rich elitist companies businesses,organizations and individuals.Washington politicians are getting richer, doing little. The vast majority are getting poorer.

  2. The original post couldn’t be more sad or correct in our current society in this once great land. I, myself, having been an upstanding citizen, doing little more than taking care of my family and working to provide for them was arrested in Colonie, NY (Albany) while walking down a public street with my daughter. We had broken no law that they could determine so charged me with “endangering the welfare of a minor due to camping without proper gear”. I spent almost 3 weeks in jail and have not been allowed to contact my daughter or my wife since due to an “automatic” 6 month restraining order. I cannot presently leave the state of New York or return to my residence. I’m not even allowed to return to work at my state job of 6 years due to the charges which makes it very hard to provide for my family or even myself. Remember, just because judicial and justice sound alike, it does not make them necessarily similar. I hope all who are reading this have a great day and many great tomorrows and it is my deepest wish that none of you have your child taken from you by force simply because the ones hiding behind a shield carry guns.

  3. Give me control of one prison and I will start a nationalist revolution.

    First, it needs to be built from the ground up. In a nutshell, it will be a small city with a wall around it. The idea is that is should rehabilitate, not punish. Never punish.

    It will have industry, commercial and residential property.

    The industry will be created by picking a few products that are sold in the largest retail chains that are imported (which is most of our products). We shall begin with conservative products, for example, such products everyone will definitely want/need such as pots and pans and smart phones. We put an embargo on that particular item and begin to sell them in Target, Walmart, etc, vs the other products which has created the 18 Trillion debt.

    The prison will be autoless and this will make it the lowest cost city in the nation. This will allow the inmates to get a wage that may be lower but gives them more money than someone who would be driving to work.

    The automobile and the road system, and all the costs it creates is the single biggest factor we can change, and will have the largest cost saving implications out of any other factor.

    This federal prison will be build and allow the best behaved criminals to serve their time there from any state.

    These prisoners will have a efficiency, a studio. Internet, flatscreen monitor, a six pack of beer at the end of the day and a J. They of course will pay for all of this, not the tax payers. Incentives like these bring cooperation.

    They need to be self governing and self elected. No export, no import. Least likely hood of a riot.

    This city will slow down our debt, which auto cities can never do becuase they cannot have a lowered wage unless they rebuild witout the need for a auto.

    It will cost the taxes payers nothing, because the prison will be self-sufficient.

    It won’t take jobs from the civilian population, because they have already given the Chinese the jobs because they choose to buy from Walmart and Target, etc. They can’t make products affordable with the need to build the expensive automobile and it’s sprawling asphalt, steel, copper wire, pipe grid.

    The prisoners will have restraunts, beer and smoke shops. They will have incentive to work in my prison and not ever want to go back the shit hole the Capitalists call a rehab which punish tax payers too.

    The recivism rate will lower because they will be living psychologicaly, socially much like we all do on the other side of the wall. They will enter back into society conditioned to live much like we do, get up, go to work, go home, have a beer, watch a movie. Who would you prefere to live next to you after leaving prison, someone locked inside one those cages we call rehab now for years or my city? Who will come out healthier?

    This will provide a model for future Amerian cities (of course without the wall), that will give us more economic ways to build sustainable non-personal automobile cities that will bring all our jobs home.

    These new cities will be able to support a stronger military, dedicate more to education, science and medicine. Why? Autoless cities require a ridiculous lower amount of energy to maintain. Not one city of today could compete with them. Not one city in American could pay their fair share in community shared expenses. Not one city in American could have a stronger military or spend more on education. And, after having more to spend, could even use less fossil fuels, actually save energy as well.

    It all starts will prison reform. Can you believe it. There just is no other feasible way. The government has control of prison investment and can do it. No profiteers would every begin building such a prison withouth just want to exploit the prisoners and the taxpayers. No profiteer would want to create a model to learn from to build more sustainable cities without making it’s residents slaves to rent and coropation owned by the 1% vs. home owned by the people in them and employee owned manufacturing plants.

    Someday will not only be able to turn the debt around, but we can start paying it off with these kind of cities. There is no other way. I challenge you to even begin to conquer the idea that energy susustainable cities are not the secret out of our mess.

    We must also make the residential properties owned by the people, never rented. This keeps the parasites at bay. Otherwise, cities will be owned by internationalists and internal parasites, the enemies who have created the 18 Trillion debt.

    We must outlaw person loans. Everyone must pay as you go. This will alter the way we build, but it keeps the bubble economy at bay and the parasites out of business contracts.

    All places of work must be employee owned as well to keep them companies from pulling the rug out from under those who build them.

    We must nationalist employment placement so we can have one job list, rather than scavenger placement agencies hiding things from people who don’t have the time to sign up everywhere, especially Addeco and Ranstad the worlds largest placement agencies who trim wages off Americans and send the profits to Europe. We can contract the management and keep the competitive spirit alive.

    Lots of other things must be done, too many to list, but we can start with prison and turn the trade deficit around to begin.

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