An Interesting Alternative to Prison

by rabbifink on August 15, 2010 · 42 comments

I have visited a prison and a jail. (My Visit With Judith Clark at Bedford Hills Correctional Facility) I have learned a lot about the failures of our current system of incarceration and it sickens me. As a (relatively) outspoken individual I have made my opinions known to anyone who will listen.

I tell them that I am against prison in principle. I don’t think anyone should go to prison. It’s a waste of money and far worse it is a waste of a human being. People accomplish almost nothing while incarcerated. Society gives them a free ride and they produce next to nothing for society.

The first response I hear is usually related to the safety of society. That somehow we, on the outside, are safer if the criminals are isolated, on the inside. While this is generally true, most crimes do not affect the middle or upper class of society . Most crimes are not violent. Most criminals that go to prison have someone step into their place in their social circle and the crimes continue. I know this is a pretty weak position, but I think that incarceration is also a weak position.

The next thing that I hear is almost always a challenge. “Do you have a better solution?” To which I have been saying “I think so”. Prisons are as an old insitution. They hearken back to a time that it was the only option for incapacitation. The loss to society caused by providing criminals with a prison was worthwhile because there was no other real option. Incarceration is a old system that was the best they could do.

I propose that criminals be monitored. Conviction of a crime is a waiver of one’s privacy. There is no privacy in jail. Instead of tossing them in a cell and monitoring that way, criminals should be monitored by corrections officers. They can be mother or fathers to their families. They must find jobs, they must be productive members of society and  only if they lapse back into crime would they go to jail.

To me, this was a sci-fi idea that I had no way of determining its effectiveness or cost. Monitoring was a idea, but just an idea with no real data to back up the idea.

Last week I read a very well written article in The Atlantic (I don’t regularly read The Atlantic, I saw the article linked on Gizmodo) about Monitoring.

It demonstrates the feasibility of the idea and its preference over incarcertation for all but the most dangerous criminals. It explains how badly the current system is failing and the attractiveness of this alternative solution.

I highly recommend the article and I highly recommend the system as described in the article.

Currently, it costs about $50,000 a YEAR to incarcerate a criminal in California. No wonder we have a budget crisis. Monitoring is a much cheaper solution. It is a more humane solution. It is a more productive solution. It is the solution of the future.

The only question that remains is how long will it take us to reach “the future”.

I say, the future is now.

Link: Prison Without Walls

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  • http://holyhyrax.blogspot.com Holy Hyrax

    Hey,

    Can you be specific when you say the current system is a failure? What does that mean?

    And, what would monitoring entail? A camera in their home? A guard walking around everywhere making sure you don’t relapse? What about an actual punishment? I have long thought that there should be some sort of servitude punishment for non violent crimes. Giving something back to society would mean loss of privacy AND working for the society for some period of time. Sort of like you see people cleaning the freeways but broadening that.

    • http://finkorswim.com rabbifink

      Can you be specific when you say the current system is a failure? What does that mean?

      From the original article:

      …as it becomes ever clearer that, in the United States at least, traditional prison has become more or less synonymous with failed prison. By almost any metric, our practice of locking large numbers of people behind bars has proved at best ineffective and at worst a national disgrace. According to a recent Pew report, 2.3 million Americans are currently incarcerated—enough people to fill the city of Houston. Since 1983, the number of inmates has more than tripled and the total cost of corrections has jumped sixfold, from $10.4 billion to $68.7 billion. In California, the cost per inmate has kept pace with the cost of an Ivy League education, at just shy of $50,000 a year.

      This might make some sense if crime rates had also tripled. But they haven’t: rather, even as crime has fallen, the sentences served by criminals have grown, thanks in large part to mandatory minimums and draconian three-strikes rules—politically popular measures that have shown little deterrent effect but have left the prison system overflowing with inmates. The vogue for incarceration might also make sense if the prisons repaid society’s investment by releasing reformed inmates who behaved better than before they were locked up. But that isn’t the case either: half of those released are back in prison within three years. Indeed, research by the economists Jesse Shapiro of the University of Chicago and M. Keith Chen of Yale indicates that the stated purpose of incarceration, which is to place prisoners under harsh conditions on the assumption that they will be “scared straight,” is actively counterproductive. Such conditions—and U.S. prisons are astonishingly harsh, with as many as 20 percent of male inmates facing sexual assault—typically harden criminals, making them more violent and predatory. Essentially, when we lock someone up today, we are agreeing to pay a large (and growing) sum of money merely to put off dealing with him until he is released in a few years, often as a greater menace to society than when he went in.

    • http://finkorswim.com rabbifink

      And, what would monitoring entail? A camera in their home? A guard walking around everywhere making sure you don’t relapse?

      You should really read the linked article. There are monitoring systems that are in use now that involved ankle bracelets and gps software.

    • http://finkorswim.com rabbifink

      What about an actual punishment?

      Why should we “punish” people?

  • http://holyhyrax.blogspot.com Holy Hyrax

    >Why should we “punish” people?

    You mean like how the torah doesn’t punish people?

    • http://finkorswim.com rabbifink

      I’m sure you can see the difference between a Divinely instructed set of punishments and an unfair arbitrary discriminatory set of punishments.

      • http://twitter.com/MarkSoFla Mark

        HH – Can you be specific when you say the current system is a failure? What does that mean?

        It means that we have a larger percentage of our population incarcerated than just about any other country in the world. It means that we have to suffer the extreme costs of that high level of incarceration. And because our prisons are “crime schools” it means that we are “educating” hundreds of thousands of new people each year to become better and more dangerous criminals.

        Does that answer the question?

  • http://holyhyrax.blogspot.com Holy Hyrax

    >There are monitoring systems that are in use now that involved ankle bracelets and gps software.

    That stuff I know exist, but how does that deter people from not committing crimes, even WHILE having bracelets? Again, im not talking about murder here, but even white collar crimes?

    • http://finkorswim.com rabbifink

      If prisons were full of white-collar criminals they would be virtually empty.

      • http://holyhyrax.blogspot.com Holy Hyrax

        I guess we are actually more in agreement. I am not a supporter of a three strikes law, unless its for a serious crime, and certain crimes don’t warrent sitting 20 years in prison. But I also feel certain crimes warrant more than just a bracelet to where you can walk as a punishment to what you did for society.

  • http://holyhyrax.blogspot.com Holy Hyrax

    >I’m sure you can see the difference between a Divinely instructed set of punishments and an unfair arbitrary discriminatory set of punishments.

    You said:

    “Why should we “punish” people?”

    It’s irrelevant to WHERE those instructions come from. The point is that, from your perspective, even God says “Man needs to be punished at times.” Now, to what crimes, and how severe is the next issue. But the idea of man needing to be punished is not something that is coming from left field here

    • http://finkorswim.com rabbifink

      It’s very relevant. God can punish people. We cannot.

    • Jgeo_08

      Let me remind you that GOD does forgive also and we are supposed to live our lives in a Godly way..which includes us to forgive those who tresspass against us. Jesus said let he who is without sin cast the first stone. I know I’m talking about sin not crime but one is not more different than the other here because we see crimes as a sin (crime against society) . As I see it there are other crimes against society that are caused by society and not punishable such as Poverty.

  • http://holyhyrax.blogspot.com Holy Hyrax

    ok,

    so the opposite of white collar crimes is violent crimes no? What sort of violent crimes would you say are ok for him to be released?

    • http://finkorswim.com rabbifink

      No there are no opposites.

      Most criminals are in prison long-term for a combination non-violent felonies (drug charges, possession of a firearm etc) plus conspiracy charges for being in a gang.

      • http://holyhyrax.blogspot.com Holy Hyrax

        >plus conspiracy charges for being in a gang.

        What does that mean? Being in a gang is not illegal. How do they prosecute simply being in a gang?

        • http://finkorswim.com rabbifink

          It’s an enhancement. So you get an additional 5 years if you’re in a gang.

          It’s one of the most egregiously bad rules.

          • http://holyhyrax.blogspot.com Holy Hyrax

            >It’s one of the most egregiously bad rules.

            I don’t know about that. The people that have to live in the neighborhoods with these animals would hardly be upset with them receiving more time and I doubt would want them serving their time……back in the very neighborhoods they were arrested in.

            • http://finkorswim.com rabbifink

              You have a very poor understanding of these neighborhoods. 99% of gang activity is not criminal. Further, membership in the gang is by default. If you live in the neighborhood you are in the gang. There’s no opt-out. Well there is an opt-out but it is rather permanent…

      • http://twitter.com/MarkSoFla Mark

        drug charges

        Just eliminating the [stupid] drug laws would go a long way toward improving the situation.

        • Jgeo_08

          The majority of drug crimes is for possesion of marijuana and I am sorry but I honestly do not see where it is more dangerous than alcohol and you either do away with both and make them both a crime or make them both legal because if you are to be a responssible person you dont drink and drive but alcoholics spend most of their income on alcohol and are left in a position were they can not pay their bills or pay for groceries and their children go hungry not to mention the crimes that come along with the consumption of alcohol like those that beat their wives and kids because of intoxication ( not ever hearing of anyone that smokes marijuana do this) but wouldn’t this be considered a double standard ? To answer your question of this person must smoke marijuana no I do not because of my position I have hair tests periodically and I would lose my way of making a living which would put me into poverty and in turn probably turn to crime to survive because poverty is the biggest crime against society.

  • http://holyhyrax.blogspot.com Holy Hyrax

    >It’s very relevant. God can punish people. We cannot.

    Where are you getting this? Even Jewish courts can punish certain crimes. What about the idea of court systems under noahide rule? You don’t think it would include punishment? You seem to be dismissing the— how shall we call this — the “value” of punishments, that even God is trying to teach man. Man needs rules. If you break rules, there is a punishment for that.

    • http://finkorswim.com rabbifink

      That’s your interpretation.

      I think it means that if there is no just system then all we have a right to do is protect ourselves.

      • http://holyhyrax.blogspot.com Holy Hyrax

        I think you just made that up trying to steer away something (even within Judaism) that you don’t like.

        • http://finkorswim.com rabbifink

          Perhaps.

          Point is, your way is no less arbitrary.

          • http://holyhyrax.blogspot.com Holy Hyrax

            >You have a very poor understanding of these neighborhoods. 99% of gang activity is not criminal. Further, membership in the gang is by default. If you live in the neighborhood you are in the gang. There’s no opt-out. Well there is an opt-out but it is rather permanent…

            Ok. Fine.

            So then they get into jail for what? Obviously some crime. I think you will say, these gangs have only been arrested for smoking weed or shop lifting no? People in these neighborhoods live in perpetual fear of these people. And for a reason. They are not synonymous with Pacific palisades white snobs that do drugs and shop life a purse from Macys.

            • http://finkorswim.com rabbifink

              People in these neighborhoods live in perpetual fear of these people.

              Really? Do you know anyone in these neighborhoods? And who are “these people”?

              They mostly get arrested on weapons and drugs charges.

              • http://holyhyrax.blogspot.com Holy Hyrax

                Of course I “knew” people living in these neighborhoods when i went to public schools

                >And who are “these people”?

                Not sure to what you mean here. People. Two arms, two legs.

                >They mostly get arrested on weapons and drugs charges.

                Good, because gangs tend to use these weapons ( you know, like assault rifles and other illegal weapons) to intimidate (in neighborhoods and businesses) and kill others.

                I don’t understand. You are mentioning this as its no big deal. As if weapons=bubble gum.

          • http://holyhyrax.blogspot.com Holy Hyrax

            I don’t think I am being arbitrary. I basically asked a question of whether there should be “punishment” to which you basically answered, no. I am merely stating that, that position does not seem to be one considered valid by Judaism.

            • http://finkorswim.com rabbifink

              Judaism is a red herring.

              My question still stands. Why should we punish criminals?

              • http://holyhyrax.blogspot.com Holy Hyrax

                >Judaism is a red herring.

                Not if you call yourself a rabbi and claim principles and values from that religion

                >My question still stands. Why should we punish criminals?

                Because societies have rules. Think about it in the micro sense of your house hold and how depending on the rule broken, you punish your children. Now take that to the macro of a larger society, where if there are no consequences to any rule, well then….
                And, well, after talking to a Prison Shrink once, I basically understood from him, that there are some bad people out there, that NEED to be kept apart from society.

  • Adam

    Congratulations on striking a nerve and generating a nice comment chain, rabbi. I’ll throw one another thought into the mix:

    It’s easier to hack the hardware of an ankle monitor than it is to break out of prison. If they can’t be monitored and confined, society is not protected.

    • http://finkorswim.com rabbifink

      If the device is tampered with off to jail you go.

  • Johndwalls

    I totally agree with the above article, and wouyld like to add that once time has been served these people are still not free, if time is served and they have been released into society again then a clean record shopuld be in order. I can not count the people most in early twenties that have done prison time and now have no chance what so ever in building a life as the punishment is for life….”A Record”. These people can not get decent jobs housing or even oppurtunities, so in essence they pay for their crime for life . We as a society force them back into crime by not deleting  their criminal record. We force them to register, check in , take them from their families, any support system or agency cant even help them, we might as well brand them with a giant “C” for criminal on their foreheads.  It would be easier to do that then to hide behind a mountain of papers that will not allow them a chance. I say if the punishment has been served then they deserve just that a fresh start clean and clear.

  • Anonymous

    Actually, prisons are comparitively new, introduced by the quakers.  Before, floggings were the most common punishment, along with stocks and etc.

  • Dov Kramer

    Interesting option. I would add two other “details:”

    1) If convicted of a crime that caused monetary damage, included in the “monitoring” is the income earned. A small percentage of all income, small enough not to become an impediment to wanting to get a job and become financially self-sufficient but enough to become an incentive not to repeat the offense, should be deducted from each paycheck
    (similar to tax withholdings) and go towards restitution.

    2) At least at the onset of the transition, those convicted should have the option of either being monitored or going to prison so that they don’t resent the “intrusion” and can focus on moving on. Part of this should be making prison a less-enticing choice for those that might consider it, with mandated goals for each prisoner in order to be released.

  • http://finkorswim.com rabbifink

    Great suggestions. Two comments:

    1) to an extent, we already have restitution

    2) might be a little too easy an “out” for most criminals

  • Izzy

    Would this proposal cover criminals convicted of violent crimes?

  • http://finkorswim.com rabbifink

    “It demonstrates the feasibility of the idea and its preference over incarcertation for all but the most dangerous criminals.”

  • http://twitter.com/MarkSoFla Mark

    only if they lapse back into crime would they go to jail.

    Isn’t the case that the large majority of folks in jail today are already multiple offenders? And isn’t it already the case that most judges are quite lenient regarding first offenders?

  • http://finkorswim.com rabbifink

    Right, but they are not monitored and that could prevent a lot of relapses.

  • http://twitter.com/MarkSoFla Mark

    So you are saying that in addition to the current system, an additional system of monitoring ex-cons is being proposed?

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