Crime and Non-Punishment

Agamedes explains why laws suit criminals rather than the rest of society.

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A man is jailed, on various counts, for 30 months. He has already been held in jail for 15 months -- waiting on his trial but with bail refused or not paid. For a 30 month sentence, parole is available after 15 months.

As soon as this man is convicted -- he is eligible for parole. As soon as he is found guilty -- he can go home.

The logic is sound: He has served 15 months in jail; his sentence, if parole is approved, is 15 months; he has done his time so he should go home.

The logic is sound -- and one-sided.

• If a man is "innocent until proven guilty" -- why is he held in jail at all?
  
• Is jail while "innocent until proven guilty" the same as jail for the guilty? Is a person charged with unprovoked and vicious murder held in the same low-security cells as the people charged with minor but wilful damage to property?
  
• If jail is for rehabilitation -- what rehabilitation is offered to a person who is still presumed innocent?
  
• If jail is for revenge or punishment -- is the effect the same on a person presumed innocent as on a person who has been proven guilty?
  
• If jail is to protect society -- why are we being protected from people who are presumed to be innocent!
  

There are various views of the role of a jail. No matter what your view of the role of a jail, it should be different for those who are presumed innocent and those who are found to be guilty.

Jail while awaiting trial must be different -- must serve a different purpose -- to jail served for a crime committed. Yet the law treats both as being the same. A 30 month sentence is reduced to 15 months because of time spent in jail waiting to go to court.

The logic is sound -- but it is wrong. So why does it happen?

The law is influenced by those who "care" about the law. Who are these people?

• Some of these people who care are those who see a general wrong and want to correct it. They care -- until the perceived wrong is corrected.
  
• Some people care about the law because they believe that they have been unjustly charged with a crime. They care -- until they are declared innocent. Though they may then join the people who care because they see a general wrong and want to correct it.
  
• Those who suffer injury or loss due to the apparently criminal actions of others, are also concerned with the law. They care -- until their injury or loss is repaid or revenged.
  
• Lawyers care about the law. They care -- until their clients' money runs out.
  
• Criminals care about the law. They want the law to allow whatever action it is that criminals do but that the rest of society has declared illegal. At the very least, criminals want to minimise punishment for their own crimes. They care -- for as long as they are criminals.
  

Which of those groups have a long-term interest in affecting and changing the law? Criminals. Which group has -- by sheer weight of numbers -- the most involvement in the law, therefore the most interest and influence in matching laws to their own concerns? Criminals. Which groups -- by weight of numbers, knowledge, power and influence -- can have most impact on laws? Criminals and their lawyers.

The innocent are seldom affected -- directly -- by the law. The innocent are only affected when someone else breaks a law. The innocent do not have the time, the interest, the need nor the knowledge to set or change laws.

So who does have the time, the interest, the need and the knowledge to set and change laws? Criminals. And their lawyers.

Time spent as an "innocent" in jail awaiting trial is not the same as time spent in jail as a guilty criminal. Yet it is treated the same. Why? Because that supports the interests of the criminals.

The laws may set by people who see a wrong and attempt to right it. The laws are then adjusted, interpreted and misapplied by criminals. With the support of lawyers. Who deal daily with criminals rather than with people who wish to be protected from criminals.

Another reason why the law is an ass.

Independent thinking & independent analysis of your problems by Agamedes Consulting. Support for your thought: email nick leth at gmail dot com