Cruel and Unusual Punishment, If You Say So Pt2

So here we are, prison is not banishment and it inflicts financial harm on the citizenry. So what would constitute banishment? I like Adak Island. It has a bit of infrastructure and is remote. give them a ten hour block of instruction on survival, let them choose 200 pounds of gear/supplies and drop them on Adak by parachute. One small Coast Guard vessel can target practice on anything floating away from the island.

So now we have theft/harm of possessions. Repeat offenders go to the island. For first time offenders, here is a good argument for indentured servitude in a prison environment. Yep, that good ole prison labor thingy. The debt created must be paid off before any argument can be made for the perp being rehabilitated. The prison must pay its way.

Oh, this overtheedge guy is out of control. Am I? Not yet, but here it comes:
No plea bargaining is allowed. Murder is a choice to kill. Manslaughter is stupid action that resulted in unintended death. Theft/destruction of property is choice.

Inciting to violence must be kept in the proper context. Ordering a soldier isn't a crime. Ordering or inciting your friends to commit harm is a crime. However, the harm must be tangible. If the harm can be easily seen and touched by a disinterested visitor the next day, it is probably harm. Restitution must be made.

This brings us to the victimless crimes. I'll prattle on about a few of them. Just remember, these are my thoughts and I don't care what you think. This doesn't preclude a debate that offers a good counter-argument.

Prostitution. What are the supposed harms? Religious, disease, family values, crime attraction and maybe some more obscure nonsense. Several minor and at least one major religion accepts prostitution. Argument fails. Disease is reduced by testing and treatment. Argument fails. An older couple wants to hire a prostitute for a menage a trois. It is family business and not the state's. Argument fails. The criminal element can only thrive when the victim has no access to law enforcement. Let's face it, cops just love a righteous bust.

Substance ingestion. Here we have a few problems. Some can be innocuous when used responsibly. Some can cause a relaxing of inhibitions towards violence and/or failure to foresee outcomes in a percentage of the population. Some of these substances are deemed illegal. Some are not only legal, but are widely prescribed to people driving cars. The only realistic method for dealing with this is by actual harm. Society can't claim ingestion is harm. The 300 pound man is causing as much if not more harm than the pot head. Arguments fail.

The concealed weapons carry laws are just a deluded means of reassuring a fearful public. These abortions are feelgood, stroke the public bullshit laws. Worse of all, these claim to prevent harm. This is utter nonsense. The criminal doesn't abide by the law, but will appreciate an unarmed victim. Argument fails.

Try as I may, I failed to find an argument for public nudity/decency laws. I considered embarrassment, bad taste and sheltering children from sex. Actual sex crimes are physical and mental harms. The BS crimes I'm talking about only involve appearance. Sex and sexual expression are human attributes. They are normal even if done in public view. Is there an argument for discouraging these forms of conduct? Perhaps, but not by enacting law. The best course of action is pointing and laughing at the performers. Humiliation is a powerful motivator. Few of you will ever appreciate the mental conflict I faced when children are the spectators. The father in me screams for child protective laws, but logic demands a coherent reason. Attractive nuisance, distractive nuisance, public nuisance, I don't have a clue.

So what would be cruel and unusual punishment? Us dropping every politician that devalues our money on to Adak Island. Those violent criminals don't deserve that. The punishment must fit the crime, but society has a peculiar idea of cruel and unusual. They figure re-electing a politician isn't for the rest of us.

THE END (not bloody likely)