Sentencing, a Closer Look

Trial,Sentence,Punishment,......Reconciliation?

The Canadian and US systems are a punishment system. The irony is, society is struggling with questions on how to lessen crime in these countries. The focus of that change is placed again on the shoulders of the offender. All approaches to change for a system are funneled thru him. There can never be any shadow of responsibility that the nation will burden. Various measures of force will be applied to convince the offender to reform.

Some nations are switching methods to a restorative system to attempt to persuade him to change. Braithwaite's shame model is hoped will work. I don't think so since it has not occured that shame is synonymous with humility. Then what do we create.

The facts are that in my opening sentence that for EVERY crime that ever was committed, punishment is still taking place and reconciliation awaits the end of it. Why is this? We can get the answer thru a definition of sentencing that the nation itself holds to, but is coneveniently truncated in dictionaries.

A sentence is a continuos process of proclaimed and decreed actions imposed on the offender by the
nation for the purpose of causing adverse effects and undermining his quest for rights entrenched in the constitution.

All is not what it seems in sentencing, there are actually 3 steps. Only the first is morally justified, but the nation taints the process by hiding the remaining 2,an action that is clearly against the morals of the nation
itself and the devine laws of most religions.

1/ The proclaimed sentence: is the sentence that other nations see as a guage to how fair we are, and
is the common belief that it is the debt proclaimed to reconcile the offender back into society. It erroneously serves as a statistical reference of the total punishment applies.
2/The decreed sentence: is a hidden sentence that the offender has a right to have proclaimed at trial. It covers the disruption of life on the outside and instills his status as a sub-citizen. Examples of this are restriction to
govt jobs, refusal of military service,etc.
3/ The residual Sentence: this is the paid release-for-a-price of the criminal record for purposes
where there are no follow up criminal activities by the subject, and ostrization effects of society. It may affect his family and endanger them. This can be controlled by discretion measures and laws to protect the subject. He has the right to have this proclaimed at the trial sentencing.

We impose on a offender by default, no other recourse
than the use of force. Because we can no longer use the
persuassion that he is fortunate to have the constitution
backing is rights. Recall that we removed them in decreed
sentencing placing him in a state of limbo.

We must always remember that in our present system that whatever we impose, whatever we ask or reason of the offender, it is done on an individual who's state is not that of a full citizen in it's own right. This can create some uncomfortable situations for the nation. For example during the last war prisoners were offered the opportunity to fight for their freedom. The irony is that they would really be fighting for their freedom without reconciliation, and the Full rights of it's citizens.

What behavior can we expect from an individual at large
that dons the status of sub citizen?. What conversations can we expect in bars when he is confronted with terrorists
and statuses are compared?. What influences and example are we setting for his children and loved ones.

We need to put all sentencing back where it belongs in the proclaimed sentencing. All decreed and residual sentencing are given in a measure appropriate for the crime.
All remaining sentencing is made unlawful.

Eons have passed with nations repeating the same mistakes. Muscle power doesn't work, we first have to set an example. This can be done without adversly affecting
law enforcement and the justice system. We need to allow for reconciliation, not pretend it's already happened.

" evry time I got a job them polic wood come sirens wailin and I would lose another job, so I jist did wat I knew" Clyde Barrow

Replies:

Re:Sentencing, a Closer Look, by Todd, 02/13/02 Re:Sentencing, a Closer Look, by AndyF, 02/14/02 Re:Sentencing, a Closer Look, by Lindsay Smith, 02/14/02 Re:Sentencing, a Closer Look, by Marc W. Herold, posted by Jack Kitson, 02/19/02

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