Crime and Punishment

[pc in NM]

I'm starting this thread (on a "lower board") to initiate a discussion thread on the topic of "Crime and Punishment"'

The Jaden de Laura thread is provoking me to address this here. I expect the debate regarding de Laura's status as a member of the football team after disclosure of his criminal and civil confirmation of a rape will continue. I'm thinking here of more abstract discussion, and fully expect that issues of "Crime and Punishment" to continue to arise from almost anywhere on our forums.

So, what is fitting "punishment" for criminal behavior? Consequences can be many:

• Criminal prosecution and findings;

• civil prosecution for assessment of consequences (monetary, injunctions, etc.)

• Reputational

• socio-economic (employment, etc.)

And, what roles and/or responsibilities does society bear in terms of rehabilitation? It seems to me that an enlightened society must have some concept of restoring the offender to membership and participation. This of course will depend on the nature of the crime, the character of the offender as well as the age of the perpetrator - I think that the younger the perpetrator, the more this area becomes critical.

Our legal institutions are pretty good, but clearly not infallible - even well-intended criminal or civil proceedings all to often result in problematic outcomes.

[pc in NM]

Let's start with the case of RAPE.

It's only been in the last fifty years that the prevalence and incidence of rape has even been understood in the world - certainly true of the USA. 50 years ago familial rape was regarded as a "one-in-a-million" occurrence. This was an underestimation of several orders of magnitude.

The very reporting rape to law enforcement has been, and continues to be, a hugely risky and scary proposition for the victim. Investigation all to often consists of interviews that make the reporter feel like the suspect, are re-traumatizing, and ssometimes are more traumatic for the victim than the original event.

At each stage of progression through the legal process, these factors can be complicating and damaging. Consequently, less than 20% of rapes are actually reported to law enforcement.

Seeking civil redress can be just as difficult for the victim - look no further than the ongoing E. Jean Carroll suit against the fascist motherfucker...

So, if safe to assume (to "conclude", actually) that the majority of rapists go unidentified, unknown and suffer no consequences. They walk among us, and we all likely count at least one among our friends, neighbors, co-workers and/or board discussants...

So, when one is convicted of the crime, serves his/her sentence and other criminal consequences; and/or, one has been found guilty in a civil case that involves the admission/confirmation of rape and met the legal consequences, what else should be the social consequences??

How does one determine these additional consequences? Is rehabilitation possible? How can it be measured. There is research that supports the idea that often those close to a rape victim (family, friends, etc.) are more invested in punishment of the perpetrator than is the victim; and many victims have shared that when they resume vulnerable life activities (e,g,. dating, socializing, etc.) they are more sensitive to others' attitudes, values, and behaviors relating to dominance/submission, male/female interactions, not merely specific safety concerns.

And in the cases such as de Laura's (specifics best discussed in that thread, I suggest), how does an institution (e.g., university, employer, club, neighborhood, etc.) what concerns should be operative?

• Automatic exclusion forever?

• Automatic exclusion for some pee-determined time-frame?

• Possible exclusion based upon assessment of current risk to members of the institution?

This can all be really complicated. I hope to have some good discussion here...