RE: What Does Justice Look Like?
Thanks for the insightful post. There is so much to dissect here. To me, the biggest question is the difference between punishment, which you referred to multiple time, and consequences. As a former teacher, I was taught that punishment doesn't work. It doesn't cause a lasting or meaningful change in behavior. Further, I was taught that consequences, when suited to the offence, work to modify behavior long-term. I tried to find a decent source to support this regarding adults, but a quick google search only turned up child psychology results like this one.
I don't know if punishment vs. consequence has been studied in adults, but I know that in America, the "rehabilitative" system is a joke. There is no rehabilitation that actually occurs. People in prisons, or rehab centers, are guided through programs that are designed to look good on paper and make money for the corporations with very few positive outcomes for the individual. They are being administered a punishment for their behavior. They are not typically taught different coping strategies or why that behavior was harmful. Their empathy is not strengthened in prison. Their work ethic is not promoted. They are not recognized for their positive features, but rather applauded for the wrongdoing that they committed in the first place.
The prison hierarchy celebrates certain types of crimes and provides incentives for individuals to commit more crimes while in prison - effectively teaching them to be better criminals. Were the justice system reworked to include consequences that fit the crime along with education, I believe the recidivism rates would drop drastically. How does a year in prison teach your graffitiest why his actions are harmful? Instead, it will give him time to stew on how unfair the system is and learn from other criminals how to be better at it next time.
Yes, take away his freedom for a while. But also teach him why that is necessary. Teach him the effects of his actions on others and teach him to actually feel for those who are effected by his actions. At that point, he will gladly offer to make restitution for what he's done. In this way, he can still feel good about himself, pay for what he's caused, and contribute to his community in a meaningful way.
I could go on and on, but I won't. I'm already a little sidetracked from my original point.
I think you managed to sum up a whole lot in a very short space of time @mattifer. I'm not overly sure what the prisons are like in Australia in regard to their rehabilitation programs. The cynical part of me wants to agree with you and say that they are probably quite similar to the ones in the US. They do look quite good on paper, well, screen - the ones I looked over while doing some research for this did look really good, however, how they work in reality, I'm unsure.
I think originally, I was using the terms punishment and consequence interchangeably, but in hindsight, you're right, they're not necessarily the same thing, are they. Off the top of my head, I would say a punishment is pretty much a consequence but without the explanation - punishments would probably tend to be more brutal in nature as well. Or would that just be a perception? Does something seem excessive when you don't understand why you're being forced to do it? Anyway... I would be quite interested to see, as you said, if there have been any studies done on punishment vs consequence in adults. There would have to be benefits in teaching better behaviour in all ages.
Thanks heaps for reading, and for your engaging reply.
I think the intention is also quite different. A punishment is designed to inflict pain, cause suffering, or otherwise distress the person being punished. A consequence is a more logical outcome of a specific behavior. Every action has a consequence - the law should focus on making the consequence to inappropriate behavior fit the crime that was committed. Instead, we basically ground people for a while.
Go to your room! And STAY there!
I don't recall that being an effective deterrent for my behavior as a child, although I'm sure it works for some. As a teacher, I always found that when I asked the students to discuss their behaviors and help determine appropriate consequences, the students always came up with a more fitting AND more rigorous consequence than I would have administered. And because they were party to determining the outcome of their action, it helped reinforce that they themselves are responsible for their behaviors, rather than leaving it up to an outside force to "police" them.
I understand that this is likely not feasible in the adult world in quite the same way, but I know our prisons could certainly learn a thing or two from the model.
Such a true observation. I've had similar experiences when conducting my classroom behaviour management the same. Isn't it funny/interesting, just how much we actually crave boundaries. They are, after all, what make us feel safe. I'm unsure how this, or a variant of it, would work with a hardened criminal. Would they take ownership of their behaviour, or blame it on the guy down the street? Again, it would make for an interesting study.
It doesn't seem to work that way with my brother.... not that he's a hardened criminal, but he is quite unable to take responsibility for his behavior, even when confronted with the consequences of his actions. He's a master at blaming his actions on someone else.
I broke a window with my fist? Oh, you made me do it because you were on the other side of the window. How else could I punch you in the face?
Yeah, so maybe it wouldn't work on the streets.... ;-)