In the United States, there is consensus that the criminal justice system has failed in the delivery of justice. It appears that the system punishes the defenseless while it is lenient on those who are well connected. For example, the American justice system heavily punishes those convicted of drug-related crimes. Among other things, the system stipulates the minimum sentences that are to be served by these individuals (“No Mandatory Minimums”, n.d). The measures that the nation has taken in response to the drug trade have resulted in hundreds of non-violent individuals wasting their years behind bars. On the other hand, white collar criminals only receive slaps on their wrists. For example, following the 2008 financial crisis, only a handful of professionals in the banking industry faced charges (Scene, 2016). This paper explores the effects of extreme punishment. It examines various scenarios involving decisions by the US Congress to severely punish those convicted of minor crimes.
Impacts of extreme punishment for shoplifting
In the scenario, it is imagined that Congress has just passed a law that imposes tougher punishments for shoplifting. Those caught committing this crime will face a minimum sentence of 85 years. That this punishment is extreme and disproportionate is an understatement. The new law will undoubtedly send shockwaves across the country. As it passed the law, Congress must have hoped that a tougher punishment would discourage shoplifting. However, it is unlikely that this is what will occur. It has been shown that tougher punishments do not necessarily deter criminals. The American war on drugs serves as an example of the ineffectiveness of tougher punishment. One of the measures that were implemented in an effort to combat drug trade and substance abuse was introducing minimum sentences to be served by all those who commit these crimes. Figures indicate that this measure has had little to no effect on reducing the crime rate (“No Mandatory Minimums”, n.d). If anything, the measure has compounded the challenges that the criminal justice system faced. Today, American correctional institutions are overcrowded and a significant portion of the inmate population is composed of individuals convicted of drug-related crimes (Miles, 2014). The drug trade and substance abuse remain some of the biggest challenges that the American criminal justice system is confronted with. Given this fact, it can be argued that the rate of shoplifting in the country is unlikely to drop as a result of the new law passed by Congress.
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While figures suggest that the harsher punishment introduced by the new law passed by Congress would be ineffective, theoretical perspectives point to the possibility of a decline in shoplifting once the new law comes into effect. It is theorized that tougher penalties have a deterrent effect (Vito & Maahs, 2011). They discourage individuals from engaging in crime. Therefore, the American people should expect to see a decline in shoplifting across the country as law enforcement officials implement the new law. However, it must be remembered that it cannot be guaranteed that the new law will scare individuals from engaging in shoplifting. As the discussion above makes it clear, it is very possible that the new will have no significant effect or could even push the rate of shoplifting up.
Justification of law
In the discussion above, it has been mentioned that the new law could actually have a deterrent effect. However, the fact that there is some remote possibility that the law will discourage individuals from shoplifting does not offer sufficient justification for the law. Shoplifting is a crime that is rather petty. It is for this reason that the American criminal justice system imposed lenient penalties on those who commit this crime. While shoplifters are often prosecuted, there are cases where the victims demand compensation (“Busted: What Happens”, 2012). The amount that the victims demand is usually based on the value of the stolen product. The worst cases could see the shoplifter face between 5 and 10 years in prison. Even this worst case does not compare to the 85 years that perpetrators could face under the new law. It is quite clear that the minimum prison sentence that the new law introduces is extreme and disproportionate. It simply does not match the simple crime of shoplifting.
The other reason why the possibility of a reduction in shoplifting does not justify the new law is that there are other crimes that are more serious for which the punishment is rather lenient. For example, as already mentioned, most of those responsible for the 2008 financial crisis did not face justice (Scene, 2016). These individuals were responsible for pain that millions of American families endured. They brought the American economy to its knees. The American government was forced to invest in reviving the economy. Yet, despite the devastating impact that the actions of these individuals had on the entire nation, only a handful were prosecuted. To justify the new law, Congress will need to introduce even harsher penalties for those who commit white collar crimes. Since shoplifters face 85 years behind bars, Congress could stipulate that those who commit more serious crimes should be executed!
Impacts of punishment for more serious crimes
Drunk driving is one of the crimes that continue to be cause for concern among the American law enforcement community. Every year, hundreds of Americans die as a result of drunk driving. One of the measures that are being recommended to address drunk driving is introducing tougher penalties (Boetel, 2017). It is being recommended that those caught driving while drunk should serve longer prison sentences. A scenario where an even tougher penalty is being considered can be examined. The same Congress that passed the law discussed above could pass a law that punishes drunk drivers with such tough penalties as a mandatory life sentence. While the tougher punishment would be welcome, it is still extreme and disproportionate. No guarantee can be issued that the tougher punishment will have a deterrent effect on drunk driving. Even with the changes that the US has made to its penal code, drunk driving remains a major problem.
An argument can be made that the harsher penalty for drunk driving would be in the best interest of society. This argument would be wrong and uninformed. It is generally believed that tougher punishment for drunk driving will make American roads safer. This will indeed be in the best interest of society. However, the mandatory life sentence that will be served by drunk drivers does not serve the interest of the society in any way. The society desires safer roads not more of its members rotting away in prison. The United States is already grappling with an overcrowding problem in its correctional facilities. Therefore, Congress should not commit the blunder of committing drunk drivers to life in prison. If Congress truly wishes to serve the American public, it should condemn serious criminals like murderers and rapists to life imprisonment. Now that would be in the best interest of society.
In conclusion, the American criminal justice system is in desperate need of an overhaul. The system has been unable to address crime. The American legislature has attempted to reduce crime by instituting tougher penalties. While some of the actions of Congress have been effective, most of its policies and laws have failed. For this reason, there is need for the US to change its approach to crime control. The country needs to shift its focus from punishment and focus its energies on prevention and rehabilitation.
References
Boetel, R. (2017). Gov. Martinez Seeks Tougher Penalties for DWI. Retrieved 31st March 2017 from https://www.abqjournal.com/920216/gov-seeks-tougher-penalties-for-dwi.html
Busted: What Happens when Shoplifters get caught? (2012). Retrieved 31st March 2017 from
http://www.npr.org/2012/11/15/165218744/busted-what-happens-when-shoplifters-get-caught
Miles, K. (2014). Just how much the War on Drug Impacts our Overcrowded Prisons, in one Chart. Retrieved 31st March 2017 from
http://www.huffingtonpost.com/2014/03/10/war-on-drugs-prisons-infographic_n_4914884.html
No Mandatory Minimums. (n.d). Retrieved 31st March 2017 from
http://newdrugpolicy.org/no-mandatory-minimums/
Scene, S. (2016). A Clue to the Scarcity of Financial Crisis Prosecutions. Retrieved 31st March 2017 from https://www.nytimes.com/2016/07/22/business/dealbook/a-clue-to-the-scarcity-of-financial-crisis-prosecutions.html?_r=0
Vito, G. F., & Maahs, J. R. (2011). Criminology: Theory, Research, and Policy. Jones & Bartlett Publishers.
