I think there are three major ideas involved in managing the miscreant aspect of society.
Justice is about fairness. It deals with the issue of “that’s not fair.” The issue is determining whether unfairness has occurred or not.
If unfairness has occurred, what do we do about it?
Revenge is about pay back—it says that if we are hurt, then the perpetrator should feel the same amount of pain. It’s the biblical “eye for an eye” idea.
Rehabilitation is about making amends for the unfairness, and making sure it never happens again. To the best degree possible, the perpetrator has to make up for the loss created, and then must be trained so that they will not perpetrate another unfairness.
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In the US, our penal institutions are aimed primarily at revenge. They make things as horrible as possible for prisoners. Rehabilitation, if it is even mentioned, is considered to exist only on paper, and sometimes a sop is thrown to the prisoners to appease the do-gooders.
As a result of our approach to “justice,” the US has one of the highest portion of it’s population incarcerated in the world and, I’ll bet, one of the highest recidivism rates in the world (Our rate is 60% compared to Britains 50%, for example). Revenge works occasionally to keep folks on the straight and narrow, but getting older and getting married does a better job of this.
Since we don’t lock away most criminals and then throw away the key, I don’t think our criminal justice system really helps protect society. I think it costs too much and is too ineffective. By not doing a better job of rehabilitating criminals, and by not helping them reintegrate into society, we are wasting the money we spend on imprisoning them.
Revenge may feel good, but it does no good. Rehabilitation may seem like pampering criminals, but it costs less and is more effective at reducing recidivism and by helping former criminals to become productive members of society, it actually benefits us all in a positive way. Obviously, I think rehabilitation is a much better policy.