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Three philosophies of punishment and whether or not they work
What do we want to do with convicted criminals? Penology has several philosophies waiting to answer that question.
- What is the purpose of punishing a convicted criminal supposed to be? It depends on which philosophy you prescribe to.
- None of these ideas are without their detractors, or qualifying evidence.
- As the United States grapples with criminal justice reform, the arguments each philosophy has behind it will have to be considered.
The question of what should be done with criminals after they are convicted is a big one. In the United States, where decades of "tough on crime" policies have come under increasing scrutiny from all sides, the question is of increasing social, political, and philosophical importance. Penology, the philosophy and practice of dealing with convicted criminals, houses various theories on what the point of punishing someone is, which may prove useful in this debate.
Here are three major theories on justice and punishment, the main arguments that support or oppose them, and some empirical data on how they work in real life.
Perhaps the most straightforward idea about punishment there is; if someone does something very wrong, they cause themselves to be worthy of punishment. This punishment is good by itself, even if there are no side effects. Most theorists in favor of this system also posit that the punishment should be proportional to the crime and that it should only affect those duly convicted.
Most people have a strong intuition about this. A famous thought experiment with many variations asks people to imagine that murderers enjoy long tropical island getaways where they can't hurt anyone after conviction but appear to be suffering in jail for TV cameras every now and again, to deter other potential murderers. Even if the deterrent works, you might feel that something is off here. Something that can only be corrected by inflicting some kind of punishment on the murderer.
University of Chicago Professor Albert W. Alschuler argues that retributive justice can have positive consequences in addition to any inherent justice it offers.
He puts forward the idea of a neighborhood where no one parks correctly, with drivers frequently boxing in others and parking too close to stop signs and fire hydrants. The laws against this are unenforced in that neighborhood. Because there is no consequence for inconsiderate parking, there is no reason to be considerate yourself; your neighbors will continue to act like this in any case. It ends up being the case that everyone acts this way to avoid being a sucker. He points out that this situation could be resolved by punishing the lawbreakers, as it would drive people back to a state of fair play. He summarizes the concept by saying, "Withholding punishment is inappropriate when doing so would encourage people to conclude, 'Everyone else is looking out for themselves, and I'll be a fool unless I become a little bit like them.'"
Arguments against retributive justice often focus on the difficulties of justifying harsh treatments (rather than just punitive damages or restitution) against the convicted in a way that aligns with broader principals of justice. Many theories that attempt to do so have been deemed unsatisfactory by other philosophers. Others point out that retributive systems only look backward on what has been committed and not forwards, to what situation we'd like to be in after matters are settled.
Deterrence theory is the idea that punishments for crime should exist primarily to discourage others from committing a similar crime or to assure the punished individual won't do it again. For example, making the potential costs of committing a crime too high to justify doing it in the first place.
Jeremy Bentham, the eccentric founder of Utilitarianism, took a consequentialist approach to punishment. Seeing punishments as "always evil," he nevertheless hoped that the use of them could deter crime by others, increasing the total happiness of society overall and reducing the number of criminals in the future. He combined this support for deterrence with elements from other theories.
Ceasre Baccaria, a jurist in Milan during the Enlightenment, argued that crimes strained the social contract and that punishments should be used to assure that people continued to stick to it. Rather than a retributive scheme, this called for a deterrence system to ensure that neither those punished nor those aware of the punishments would desire to commit such crimes in the future.
Of course, there are objections to this idea as well. The most common revolves around the theory's assumption that most people who break the law weigh costs and benefits before doing so. A point many would contest. The previously mentioned thought experiment (with the murderer on the island) also points to another objection to pure deterrence theories. Deterrence can be produced without actually punishing the convicted, a situation that strikes many as unsatisfactory.
Rehabilitative theories of punishment are diverse in their foundations. In general, they look at what causes a person to turn to crime and try to remedy the situation.
Many proponents of rehabilitative theories argue that the decision to engage in criminal behavior is not as clear cut as other theories suggest. Factors of economic opportunity, addiction, mental illness, social issues, and circumstance can make it more or less likely that a person will be driven to crime. With that in mind, they suggest that the penal system should focus on resolving or mitigating those issues.
Others are more utilitarian in perspective. They argue that a person who went into jail with a criminal tendency is likely to come out the same way unless some action is taken. What that looks like, be it job training, education, counseling, or something else, depends on the situation. Making it less likely someone will return to crime by providing these services, they argue, benefits society as a whole.
This comparatively holistic and often humane approach doesn't mean there isn't a potential dark side to rehabilitation. The theory is very dependent on our understandings of psychology, sociology, and criminology being accurate. Mistakes can have horrible results. The modern practice of solitary confinement, a practice now deemed torture by the United Nations when used for more than two weeks, goes back to recommendations by the Quakers that leaving criminals alone and slightly sensory deprived would allow for repentance and reformation. They were extremely wrong.
Even when it works, there are concerns about its implications. In his pro-retribution essay on criminal justice, Professor Alschuler cites Francis A. Allen's argument that a dedication to rehabilitation can make it challenging to limit the scope of state involvement, as "one immediate consequence of a rehabilitative regime is a drastic enlargement of state concerns. The state's interests now embrace not only the offender's conduct, but ... his motives, his history, his social environment."
The concerns of libertarians and others interested in a limited state are easy to comprehend.
Enough of this abstract philosophy, what does the data say?
Empirical data does exist in a wide variety of areas related to the criminal justice system. Here, we can use it to see if the above conceptions of justice can do what they set out to do.
Retributive justice benefits from only seeking to deal punishment out to those convicted of crimes, which it often manages to do. It isn't easy to empirically measure such a thing, but its various side effects can be measured.
Studies show that those close to a convicted individual can share the effects of punishment despite them not having committed a crime themselves. Similarly, a criminal record's impact can follow people long after they have "paid their debt to society," suggesting that it is more difficult to assure "proportionality" in sentencing than might be supposed. In the United States, unequal sentencing is a known and well-documented problem, suggesting more difficulties in reaching the ideals of retributive justice in reality.
Deterrence theory has a fair amount of empirical evidence against it. Studies suggest that many crimes are committed under the rationality reducing influence of alcohol, that few people can tell you what the punishments for a given crime are, and that many people don't consider the possibility of being caught when planning a crime.
Longer sentences are associated with slightly higher recidivism rates, the opposite of what a proponent of deterrence theory would expect from people with first-hand knowledge of the prison system. Likewise, programs like "scared straight" don't seem to do much.
However, Professor Daniel Nagin has argued for the existence of a general deterrent effect while also suggesting it is difficult to use this to make any new policy. Dr. Valerie Wright suggests that a deterrent effect does exist, but adds that it is tied to how certain a person is that they will be caught and given a specific punishment rather than how terrible their punishment might be.
Rehabilitation has shown promise in achieving its goals. Efforts at providing education and addiction treatment in the American prison system lead to reductions in recidivism. The Norwegian prison system, based on rehabilitation and renowned for its humanity, boasts one of the lowest recidivism rates in the world.
Despite this, American efforts have yet to match the Norwegian system's effectiveness levels, and some studies also suggest that modern treatment programs have little effect on individuals with psychopathy, who are disproportionately incarcerated and have a high rate of recidivism to begin with.
What this data means is going to be influenced by which of the above arguments appeal to you. Do the side effects of retributive policies or the problems we have in assuring equal punishments for similar crimes outweigh the moral intuition towards punishing criminals? Do failures in rehabilitative practices make the concept worthless? Can deterrence be of use even if we know a disproportionate number of criminals aren't acting along the lines of its assumptions?
The raw numbers can't answer these questions by themselves. Philosophy has to step in and provide the tools for value judgments, answer questions of justice, and help determine where the line between theory and practice has to be drawn.
We'll probably never be rid of the need to do something with people who harm or violate the rights of others. What we do with them is another question. No definitive answer exists for what models of justice and punishment are best. Still, by considering the philosophy and raw data around each model, we might find something that works for our society. While many people would support a system that uses elements of all three of these considered philosophies, alongside others, how much of each to use remains the subject of continual debate.
- Voltaire's Take on Capital Punishment - Big Think ›
- Pre-Crime Detection System Now Being Tested in the U.S. - Big Think ›
- Fyodor Dostoevsky: Judge a Society By Its Prisons - Big Think ›
How would the ability to genetically customize children change society? Sci-fi author Eugene Clark explores the future on our horizon in Volume I of the "Genetic Pressure" series.
- A new sci-fi book series called "Genetic Pressure" explores the scientific and moral implications of a world with a burgeoning designer baby industry.
- It's currently illegal to implant genetically edited human embryos in most nations, but designer babies may someday become widespread.
- While gene-editing technology could help humans eliminate genetic diseases, some in the scientific community fear it may also usher in a new era of eugenics.
Tribalism and discrimination<p>One question the "Genetic Pressure" series explores: What would tribalism and discrimination look like in a world with designer babies? As designer babies grow up, they could be noticeably different from other people, potentially being smarter, more attractive and healthier. This could breed resentment between the groups—as it does in the series.</p><p>"[Designer babies] slowly find that 'everyone else,' and even their own parents, becomes less and less tolerable," author Eugene Clark told Big Think. "Meanwhile, everyone else slowly feels threatened by the designer babies."</p><p>For example, one character in the series who was born a designer baby faces discrimination and harassment from "normal people"—they call her "soulless" and say she was "made in a factory," a "consumer product." </p><p>Would such divisions emerge in the real world? The answer may depend on who's able to afford designer baby services. If it's only the ultra-wealthy, then it's easy to imagine how being a designer baby could be seen by society as a kind of hyper-privilege, which designer babies would have to reckon with. </p><p>Even if people from all socioeconomic backgrounds can someday afford designer babies, people born designer babies may struggle with tough existential questions: Can they ever take full credit for things they achieve, or were they born with an unfair advantage? To what extent should they spend their lives helping the less fortunate? </p>
Sexuality dilemmas<p>Sexuality presents another set of thorny questions. If a designer baby industry someday allows people to optimize humans for attractiveness, designer babies could grow up to find themselves surrounded by ultra-attractive people. That may not sound like a big problem.</p><p>But consider that, if designer babies someday become the standard way to have children, there'd necessarily be a years-long gap in which only some people are having designer babies. Meanwhile, the rest of society would be having children the old-fashioned way. So, in terms of attractiveness, society could see increasingly apparent disparities in physical appearances between the two groups. "Normal people" could begin to seem increasingly ugly.</p><p>But ultra-attractive people who were born designer babies could face problems, too. One could be the loss of body image. </p><p>When designer babies grow up in the "Genetic Pressure" series, men look like all the other men, and women look like all the other women. This homogeneity of physical appearance occurs because parents of designer babies start following trends, all choosing similar traits for their children: tall, athletic build, olive skin, etc. </p><p>Sure, facial traits remain relatively unique, but everyone's more or less equally attractive. And this causes strange changes to sexual preferences.</p><p>"In a society of sexual equals, they start looking for other differentiators," he said, noting that violet-colored eyes become a rare trait that genetically engineered humans find especially attractive in the series.</p><p>But what about sexual relationships between genetically engineered humans and "normal" people? In the "Genetic Pressure" series, many "normal" people want to have kids with (or at least have sex with) genetically engineered humans. But a minority of engineered humans oppose breeding with "normal" people, and this leads to an ideology that considers engineered humans to be racially supreme. </p>
Regulating designer babies<p>On a policy level, there are many open questions about how governments might legislate a world with designer babies. But it's not totally new territory, considering the West's dark history of eugenics experiments.</p><p>In the 20th century, the U.S. conducted multiple eugenics programs, including immigration restrictions based on genetic inferiority and forced sterilizations. In 1927, for example, the Supreme Court ruled that forcibly sterilizing the mentally handicapped didn't violate the Constitution. Supreme Court Justice Oliver Wendall Holmes wrote, "… three generations of imbeciles are enough." </p><p>After the Holocaust, eugenics programs became increasingly taboo and regulated in the U.S. (though some states continued forced sterilizations <a href="https://www.uvm.edu/~lkaelber/eugenics/" target="_blank">into the 1970s</a>). In recent years, some policymakers and scientists have expressed concerns about how gene-editing technologies could reanimate the eugenics nightmares of the 20th century. </p><p>Currently, the U.S. doesn't explicitly ban human germline genetic editing on the federal level, but a combination of laws effectively render it <a href="https://academic.oup.com/jlb/advance-article/doi/10.1093/jlb/lsaa006/5841599#204481018" target="_blank" rel="noopener noreferrer">illegal to implant a genetically modified embryo</a>. Part of the reason is that scientists still aren't sure of the unintended consequences of new gene-editing technologies. </p><p>But there are also concerns that these technologies could usher in a new era of eugenics. After all, the function of a designer baby industry, like the one in the "Genetic Pressure" series, wouldn't necessarily be limited to eliminating genetic diseases; it could also work to increase the occurrence of "desirable" traits. </p><p>If the industry did that, it'd effectively signal that the <em>opposites of those traits are undesirable. </em>As the International Bioethics Committee <a href="https://academic.oup.com/jlb/advance-article/doi/10.1093/jlb/lsaa006/5841599#204481018" target="_blank" rel="noopener noreferrer">wrote</a>, this would "jeopardize the inherent and therefore equal dignity of all human beings and renew eugenics, disguised as the fulfillment of the wish for a better, improved life."</p><p><em>"Genetic Pressure Volume I: Baby Steps"</em><em> by Eugene Clark is <a href="http://bigth.ink/38VhJn3" target="_blank">available now.</a></em></p>
The father of all giant sea bugs was recently discovered off the coast of Java.
- A new species of isopod with a resemblance to a certain Sith lord was just discovered.
- It is the first known giant isopod from the Indian Ocean.
- The finding extends the list of giant isopods even further.
The ocean depths are home to many creatures that some consider to be unnatural.<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzU2NzY4My9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYxNTUwMzg0NX0.BTK3zVeXxoduyvXfsvp4QH40_9POsrgca_W5CQpjVtw/img.png?width=980" id="b6fb0" class="rm-shortcode" data-rm-shortcode-id="2739ec50d9f9a3bd0058f937b6d447ac" data-rm-shortcode-name="rebelmouse-image" data-width="1512" data-height="2224" />
What benefit does this find have for science? And is it as evil as it looks?<div class="rm-shortcode" data-media_id="7XqcvwWp" data-player_id="FvQKszTI" data-rm-shortcode-id="8506fcd195866131efb93525ae42dec4"> <div id="botr_7XqcvwWp_FvQKszTI_div" class="jwplayer-media" data-jwplayer-video-src="https://content.jwplatform.com/players/7XqcvwWp-FvQKszTI.js"> <img src="https://cdn.jwplayer.com/thumbs/7XqcvwWp-1920.jpg" class="jwplayer-media-preview" /> </div> <script src="https://content.jwplatform.com/players/7XqcvwWp-FvQKszTI.js"></script> </div> <p>The discovery of a new species is always a cause for celebration in zoology. That this is the discovery of an animal that inhabits the deeps of the sea, one of the least explored areas humans can get to, is the icing on the cake.</p><p>Helen Wong of the National University of Singapore, who co-authored the species' description, explained the importance of the discovery:</p><p>"The identification of this new species is an indication of just how little we know about the oceans. There is certainly more for us to explore in terms of biodiversity in the deep sea of our region." </p><p>The animal's visual similarity to Darth Vader is a result of its compound eyes and the curious shape of its <a href="https://lkcnhm.nus.edu.sg/research/sjades2018/" target="_blank" rel="noopener noreferrer dofollow" style="">head</a>. However, given the location of its discovery, the bottom of the remote seas, it may be associated with all manner of horrifically evil Elder Things and <a href="https://en.wikipedia.org/wiki/Cthulhu" target="_blank" rel="dofollow">Great Old Ones</a>. <em></em></p>
We look back at a year ravaged by a global pandemic, economic downturn, political turmoil and the ever-worsening climate crisis.
Billions are at risk of missing out on the digital leap forward, as growing disparities challenge the social fabric.
Image: Global Risks Report 2021<h3>Widespread effects</h3><p>"The immediate human and economic costs of COVID-19 are severe," the report says. "They threaten to scale back years of progress on reducing global poverty and inequality and further damage social cohesion and global cooperation."</p><p>For those reasons, the pandemic demonstrates why infectious diseases hits the top of the impact list. Not only has COVID-19 led to widespread loss of life, it is holding back economic development in some of the poorest parts of the world, while amplifying wealth inequalities across the globe.</p><p>At the same time, there are concerns the fight against the pandemic is taking resources away from other critical health challenges - including a <a href="https://www.weforum.org/agenda/2020/09/charts-covid19-malnutrition-educaion-mental-health-children-world/" target="_blank" rel="noopener noreferrer">disruption to measles vaccination programmes</a>.</p>
A new study explains how a chaotic region just outside a black hole's event horizon might provide a virtually endless supply of energy.
- In 1969, the physicist Roger Penrose first proposed a way in which it might be possible to extract energy from a black hole.
- A new study builds upon similar ideas to describe how chaotic magnetic activity in the ergosphere of a black hole may produce vast amounts of energy, which could potentially be harvested.
- The findings suggest that, in the very distant future, it may be possible for a civilization to survive by harnessing the energy of a black hole rather than a star.
The ergosphere<p>The ergosphere is a region just outside a black hole's event horizon, the boundary of a black hole beyond which nothing, not even light, can escape. But light and matter just outside the event horizon, in the ergosphere, would also be affected by the immense gravity of the black hole. Objects in this zone would spin in the same direction as the black hole at incredibly fast speeds, similar to objects floating around the center of a whirlpool.</p><p>The Penrose process states, in simple terms, that an object could enter the ergosphere and break into two pieces. One piece would head toward the event horizon, swallowed by the black hole. But if the other piece managed to escape the ergosphere, it could emerge with more energy than it entered with.</p><p>The movie "Interstellar" provides an example of the Penrose process. Facing a fuel shortage on a deep-space mission, the crew makes a last-ditch effort to return home by entering the ergosphere of a blackhole, ditching part of their spacecraft, and "slingshotting" away from the black hole with vast amounts of energy.</p><p>In a recent study published in the American Physical Society's <a href="https://journals.aps.org/prd/abstract/10.1103/PhysRevD.103.023014" target="_blank" style="">Physical Review D</a><em>, </em>physicists Luca Comisso and Felipe A. Asenjo used similar ideas to describe another way energy could be extracted from a black hole. The idea centers on the magnetic fields of black holes.</p><p style="margin-left: 20px;">"Black holes are commonly surrounded by a hot 'soup' of plasma particles that carry a magnetic field," Comisso, a research scientist at Columbia University and lead study author, told <a href="https://news.columbia.edu/energy-particles-magnetic-fields-black-holes" target="_blank" rel="noopener noreferrer">Columbia News</a>.</p>
Event Horizon Telescope Collaboration<p>While there might not be immediate applications for the theory, it could help scientists better understand and observe black holes. On an abstract level, the findings may expand the limits of what scientists imagine is possible in deep space.</p><p style="margin-left: 20px;">"Thousands or millions of years from now, humanity might be able to survive around a black hole without harnessing energy from stars," Comisso said. "It is essentially a technological problem. If we look at the physics, there is nothing that prevents it."</p>
A popular and longstanding wave of thought in psychology and psychotherapy is that diagnosis is not relevant for practitioners in those fields.