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fandomhigh2010-03-02 03:04 pm
glasses-justice.livejournal.com) wrote in fandomhigh2010-03-02 03:04 pm
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Concepts of Justice and The Law [Period 4, Class #8, Mar 2]
"First of all," Alex said, "I'd like to thank you all for your reasoned and articulate responses to the midterm exams. You argued your points well, and I was particularly impressed by some of the compelling arguments many of you came up with. The case studies were actual cases that I was involved with; if you're curious as to the end result of either, see me after class. Secondly, I hope you enjoyed your week off, because we're diving right back in."
Alex sat on the edge of her desk. "Congratulations," she said, "we've convicted Joe Q. Citizen of a crime. Let's call it robbery. Joe is a bank robber who got caught escaping. He used a gun, but he didn't fire it: no one's dead as a result of his actions. Joe was caught on videotape, and confessed. We sent a guilty man to prison. That's where my job ends, unless Joe appeals the decision to a higher court. But what happens to Joe now?
"He'll be taken to a state prison. There, he'll live in an 8-by-10 foot cell, one that has a bed and a toilet. Possibly bunk beds, if Joe has a cellmate. Joe will not be given any privacy: not when he showers, not when he uses the toilet, not when he sleeps. He can work, doing manual labor, for which he'll be paid forty or fifty cents an hour. For reference, that's one-tenth the minimum hourly wage in this country, though in fairness, prisoners don't have rent or groceries to budget for.
"Joe will probably be assaulted by other inmates, and possibly the guards as well. Prisoner-on-prisoner crime is abundant. Some of the violence is sexual in nature, either for psychological dominance or for gratification. Crimes within prison are underreported. When reported, allegations are often dismissed. Just as every defendant insists upon his innocence, every prisoner thinks his treatment has been cruel and unfair. The hundredth time someone threatens to sue the warden for unfair living conditions, the system has already become jaded by the ninety-nine false claims that have gone before -- even if this one has merit. Joe will have some health care, should he become ill, but the bare minimum. And in the interests of fairness, again, health coverage is not universal in this country, so even the bare minimum is more than the average citizen is promised by the government if he or she becomes sick.
"Joe will have access to television -- not a personal one, but the communal area will have one. There will be a gym, where he can work out, and he can check out books from the prison library. It's underfunded, so there are few titles. Joe can write letters to loved ones, and receive visits, but the letters will be read by prison officials, and the visits will be public and heavily restricted. If Joe needs more entertainment than that, he can turn to illegal drugs, which are plentiful on the black market.
"Joe's institution might have programs for rehabilitation -- counseling, therapy, or programs that will teach Joe a trade so that he can work in a legitimate field when he leaves. These are also underfunded, and not available in all prisons. Joe can also take advantage of his time to get tips on being a better criminal via his new connections in jail. His cellmate might teach him lock-picking, or how to disable an alarm.
"Eventually, Joe will be released. Many employers won't hire ex-convicts, considering them a security risk. Joe might try to live lawfully, from now on, or he might return to crime. Recidivism varies, per offense, but nearly half of all Joes will find themselves back in prison.
"So." Alex clapped her hands in front of herself. "What rights does Joe have, as a prisoner? What about once he's been released? What needs are we obliged to meet, and what does our treatment of prisoners say about us as a society? Let's discuss."
Alex sat on the edge of her desk. "Congratulations," she said, "we've convicted Joe Q. Citizen of a crime. Let's call it robbery. Joe is a bank robber who got caught escaping. He used a gun, but he didn't fire it: no one's dead as a result of his actions. Joe was caught on videotape, and confessed. We sent a guilty man to prison. That's where my job ends, unless Joe appeals the decision to a higher court. But what happens to Joe now?
"He'll be taken to a state prison. There, he'll live in an 8-by-10 foot cell, one that has a bed and a toilet. Possibly bunk beds, if Joe has a cellmate. Joe will not be given any privacy: not when he showers, not when he uses the toilet, not when he sleeps. He can work, doing manual labor, for which he'll be paid forty or fifty cents an hour. For reference, that's one-tenth the minimum hourly wage in this country, though in fairness, prisoners don't have rent or groceries to budget for.
"Joe will probably be assaulted by other inmates, and possibly the guards as well. Prisoner-on-prisoner crime is abundant. Some of the violence is sexual in nature, either for psychological dominance or for gratification. Crimes within prison are underreported. When reported, allegations are often dismissed. Just as every defendant insists upon his innocence, every prisoner thinks his treatment has been cruel and unfair. The hundredth time someone threatens to sue the warden for unfair living conditions, the system has already become jaded by the ninety-nine false claims that have gone before -- even if this one has merit. Joe will have some health care, should he become ill, but the bare minimum. And in the interests of fairness, again, health coverage is not universal in this country, so even the bare minimum is more than the average citizen is promised by the government if he or she becomes sick.
"Joe will have access to television -- not a personal one, but the communal area will have one. There will be a gym, where he can work out, and he can check out books from the prison library. It's underfunded, so there are few titles. Joe can write letters to loved ones, and receive visits, but the letters will be read by prison officials, and the visits will be public and heavily restricted. If Joe needs more entertainment than that, he can turn to illegal drugs, which are plentiful on the black market.
"Joe's institution might have programs for rehabilitation -- counseling, therapy, or programs that will teach Joe a trade so that he can work in a legitimate field when he leaves. These are also underfunded, and not available in all prisons. Joe can also take advantage of his time to get tips on being a better criminal via his new connections in jail. His cellmate might teach him lock-picking, or how to disable an alarm.
"Eventually, Joe will be released. Many employers won't hire ex-convicts, considering them a security risk. Joe might try to live lawfully, from now on, or he might return to crime. Recidivism varies, per offense, but nearly half of all Joes will find themselves back in prison.
"So." Alex clapped her hands in front of herself. "What rights does Joe have, as a prisoner? What about once he's been released? What needs are we obliged to meet, and what does our treatment of prisoners say about us as a society? Let's discuss."
Re: Discussion - Joe's Rights - JST08
"Besides, isn't the whole point of jail to rehabilitate him so he doesn't commit crimes any more when he gets out?"
Re: Discussion - Joe's Rights - JST08
Re: Discussion - Joe's Rights - JST08