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The penal system of America needs to be reformed, as it stands now one in every 32 Americans are in some phase of the correction system (Loven A4). The current system is failing for many reasons. In my short paper I would like to explore three of them. The first, prisons as they are run now cost too much money. The second problem when someone is punished with a prison sentence now, it not only hurts them it hurts there family as well. Thirdly a sentence in a modern prison fails to achieve its primary goal rehabilitation, I will argue the only change one receives upon release of prison is negative. My paper will look at the effectiveness of pain as a punishment for a crime. I will propose that instead of prison sentences for most crimes, we should punish a criminal act with a sentence of so many electrical shocks. What Exactly is the Proposal? I propose that we need to instill pain in anyone who commits a criminal act. This pain should deter future criminal acts. At first glance one would assume this pain is barbaric. It is not, it will be as humane as any other punishment, possibly more humane. Currently we sentence people to prison in a erratic unpredictable manner. One person could sit in front of the judge for burglary and receive a year sentence, another, could sit in front of a different judge and receive 5 years for a very similar offense. If we use pain as a punishment technique everything will be the same, a judge will look at the sentence of past criminals for the same crime and that’s what the offender will get. It will be swift public and just, the three things Beccaria refers to as needed for an effective deterrent. My system will result in a person being strapped to a chair and hooked up to electrodes that are capable of delivering a shock. The shock will be sufficient enough to cause pain, but not enough to cause permanent scaring. How it Will Work In a great book written on this subject, Just and Painful: A Case for the Corporal Punishment of Criminals, Graeme Newman explains a typical case of corporal punishment in a reformed system. “Twenty-year old John Jefferson stands along with his lawyer, the public defender. “John Jefferson” says the judge, “the court has found you guilty of burglary in the first degree, Because this is your first offense, but the damage you did was considerable, I sentence you to ....” The judge then pushes a few buttons at his computer console. The average sentence for similar cases to Jefferson’s flashes on his display: it is five shock units. “You will be taken immediately to the punishment hall to receive five shock units. Court dismissed.” The victim of the crime is sitting at the back of the court. He approaches the court clerk, who directs him to the punishment hall where he will be able to watch the administration of the punishment. Jefferson’s wife and child are ushered to the waiting room where they will await Jefferson's return after he has been punished. Meanwhile, in the punishment hall, Jefferson is seated in a specially designed chair. As part of the arrest procedure he has already received a medical examination to determine that he was fit to receive punishment. In addition to the victim, a few members of the press are seated on the other of the glass screen. The punishment technician, having settled the offender in the chair, returns to an adjoining room where he can observe the offender through a one way screen. A medic is also present. The technician sets the machine at the appropriate pain level , turns the dial to “5,” and presses the button. Jefferson receives five painful jolts of electricity to his buttocks. He screams loudly, and by the time the punishment is over, he is crying with pain. The technician then returns to the offender and says “stand and walk a little” Jefferson walks around a bit rubbing his buttocks, a shade drops over the spectators’ screen. “Do you still feel the pain?” asks the medic. “Goddamn I sure do! But its getting better. Can I go now” “Just sign here and you have paid your dues.” Jefferson enters the waiting room where his wife rushes into his arms, crying, “I’m so glad it’s over! thank goodness you weren’t sentenced to prison.” As you can see this system is humane. The offender had a medical exam to show he was fit for punishment and had a medic on the scene at all times. He wasn’t let loose until he signed an agreement saying he was ok. The amount of electricity can be regulated and scientifically proven as to its affect on the person. In other words, no one would ever die as a result of this procedure. Why do We Need Punishment? Our current legal system could not exist if we did not punish offenders. We have seen punishment as an essential factor in keeping society together.
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