From being mauled by ferocious animals in the Colloseum to beheading of offenders using the guillotine and even the castration of rapists in certain countries, it seems as though punishment is an inherent aspect of society throughout the annals of history. Punishment has played an important role in human civilization by acting as a deterrent, and also to incapacitate those prone to carrying out nefarious deeds. Yet, advocates for the rights of criminals have argued that such practices are not only inhumane, but also futile and even counterintuitive in today’s modern civilisations. It is in my view that punishment still will be able to effectively stop crime, but a rethink in the types of punishments to be meted out is required.
Punishment used to played an integral role in many criminal systems even till today due to the proposition that it acts as a deterrent to warn potential offenders and thus prevent future occurrences. It is argued that punishment is necessary to send a signal of the potential consequences that would befall those who do not abide by the rules set out by society. Yet, with greater social inequalities in the population, this means that the deterrent factor is diminished and the costs incurred from going against the law is reduced, potentially being overweighed by the potential benefits to be reaped. While the affluent grow increasingly wealthy and able to “afford” punishments such as fines or bribes that hardly make a dent in their pockets, the impoverished find it increasingly attractive or even are driven up against the wall and have no other alternatives but to commit crimes in order to survive. This means that punishment is now increasingly ineffective as it no longer matches the severity of the crime, and while some might propose for punishments to be harsher, increasing its severity would merely serve to perpetuate a vicious cycle while blinding us from looking at the broader issues facing the country that is perpetuating the crime, whether it be social inequality or otherwise.
In addition, punishment has also enabled societies to stem criminal activities by incarcerating those with the tendency to commit crime, thus incapacitating them from such malevolent behaviour. Yet, the interconnectivity of the modern world has enabled today’s criminal organisations to increase in their complexity and networking. This means that those who are caught and sentenced in the criminal system are often not the masterminds of the syndicates but instead those much further beneath the chain of command, some of which might have been coaxed or forced into committing the crime. Furthermore, the increasing income disparity also means that the impoverished are particularly easy bait for criminal organisations to take advantage of, falling prey to the insidious motives of criminal minds. This is perhaps the reason that Singapore, known for its harshest punishments, recently relaxed the Misuse of Drugs Act in Singapore, since those incarcerated are often mere drug mules and not the ringleaders responsible for the regional drug trafficking activities. The empowerment of criminal organisations through interconnectivity and increased financial resources means that they are better able to evade laws, while those that are caught and being incarcerated are not the ones behing the perpetuation of the crime, thus rendering punishment no longer effective.
What’s more is that punishment is becoming increasingly incapable of keeping up with the dynamic changes in society. The empowerment of the individual by technology has caused crimes to be increasingly surreptitious and difficult to identify, emboldening citizens to engage in illegal activities. The ability for one to affect many has increased, and criminals today are able to capitalise on such technologies and increase in the scale of their operations, carry out even transnational crimes as seen in the preponderance of internet phishing and cybercrime incidents, including the Sony Playstation hack involving 100 million customers. This eliminates the ability and feasibility for punishments to be carried out due to the near impossibility in tracking the culprits behind such crimes, and also the lack of jurisdiction in dealing with crimes across borders. This has been compounded by shifting standards of the masses in determining their basic rights and what constitutes a crime. For example, the illegal downloading of music, videos and movies online have become endemic and even arguably accepted even though it is in fact viewed as theft of intellectual property. The incapacity to punish those who carry out crimes is also partly due to public opinion. This was seen in the widespread opposition and protest against the SOPA and PIPA bills as they saw it as a form of oppression against their freedom and rights, which eventually led to its demise.
Perhaps the more pertinent question to ask would be whether our current modes of punishment have ever been an effective way of stopping crime. The current, most common mode of punishment is corporal punishment or incarceration, which does nothing in solving the root cause behind the criminal behaviour. Instead, it is extremely cost ineffective in housing the criminals, and is also criminogenic, since prison not only merely serves as a breeding ground for prisoners to engage in criminal activities, but also excludes them from their families and break their social circles. In addition, it is also often forgotten that violence begets more violence, and that corporal punishment merely dehumanises the prisoners, which is no less demeaning than criminal activities.
Ultimately, the actions we impose upon criminal offenders needs a revision to truly serve its purpose in stopping crime in today’s world. Instead of punishing for the sake of itself, punishing should instead be focused on reducing recidivism and correcting the root cause of criminal behaviour. Ultimately, what offenders need is compassion, and an exposure to a pro-social system of values and behaviours to be able to integrate back into society, which our current masculine, authoritative and disciplinarian criminal system are often severely lacking in, instead being more punitive in nature. Alternatives including counselling and rehabilitation have sprung up recently in a small number of countries, pointing towards a more promising future for the way we treat crime. Israel sends criminals for “re-socialisation” in Kibuttzim, known for its extremely peaceful & harmonious society, aiming to modify offenders' world views and shape their behaviours. It is indeed tempting for us to condemn the heineous acts that criminals might commit. Yet, in the increasingly civilized world today that places high regard on human rights, punishment serves no purpose in bringing progress as a society.
In conclusion, punishment as a way to stop crime while having been present throughout human history is becoming increasingly ineffective due to changes in society. As we strive towards a more compassionate civilisation, the way forward in stopping crime should not be punishment, but creating opportunities for perpetrators to be integrated back into their communities.
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