The term criminal is selectively used to describe a limited section of the community; some of those unable to consider or take into account how their behavior affects others in the community or to believe or accept that when one person in the community suffers all, including the offender, suffers.
Technically a crime is defined as an unlawful activity and a criminal is one who violates a law. An unlawful activity can include some of those activities which directly affect others, those which offend the moral sensitivity of those in power and those which threaten the power base of leaders.
It is unlawful for a person to steal a loaf of bread from a retail store. It is not unlawful for the owner of a company such as Amazon to make billions in profit while opposing the creations of unions.
It is good businesses and not criminal to convince customers to pay a large price for a cup of coffee while opposing the creation of unions which protect workers.
It is good business to hire behavior psychologists to design products such as breakfast cereals which appeal to an individual’s childhood associations even if that product is unhealthy. One could fill a book with examples of activity which harm a segment of society but which are not criminal and another book with examples of activity which harm or offend others and are considered criminal.
All of us have broken a law with potential serious consequences and not labeled a criminal. For example I accidentally ran a red light which resulted in my car and another car being totaled. The occupants of the other car suffered relatively minor injuries. If, however, they had died or had serious injuries I might have been convicted as a criminal of homicide and jailed. I was, however, issued a ticket and did did not receive a criminal label. Obviously I was seriously negligent.
If an employer mistreats employees and makes a lot of money some of which he or she then returns to the community for art projects such as symphonies, a hospital or charity he or she is considered a philanthropist and may be honored by the community.
The point is: Who is labeled a criminal is arbitrary. Labeling someone a criminal and treating them as a bad person may and often does result in guaranteeing that one is severely hindered in being allowed access to financial and health resources.
A great many factors can result in a person being unable to consider or take into account the fact that their behavior adversely affects others members and in the long term, themselves. This includes many biological factors, past trauma, environment and a host of others.
I suspect that many who are reading this blog are now thinking of the many in the United States which engage in mass killings. Many consider these vicious criminals and call for the death penalty. A few label the gun manufacturers who creates and sell weapons intended for rapid fire killings criminals. Others believe gun manufactures are successful capitalists - employers who contribute to the overall economic health of the community.
Many are suggesting that the current incarceration system in the United States is not accomplishing the goal it intends and the system should be reformed. Most of those reformers would maintain the current system but better prepare incarcerated individuals to re-enter society. I maintain that the entire system of labeling criminals; of arbitrarily assigning the label of criminal to some who are not able to consider or seemingly care how their behavior affects the others while rewarding others who do not consider or care how their behavior affects others is an unworkable system.
Often, we find that many religious or spiritual leaders recognized the fact of our common imperfect humanness long before more scientific studies identify the factors which affect the thought and behavior process of the brain. I venture to guess that all of us could, if honest, list examples of hurting others this week; of treating others as less than; of taking out our frustration on some official or clerk; of becoming impatient; of passing by the homeless; of avoiding the labeled criminal; of thinking that some person who committed a mass murder deserves to die.
Most religions have some prescribed rituals which require an admittance of one’s humanness and offer repentance and forgiveness. In the Christian church, in addition to these practices being prescribed as a daily ritual, Lent - the season leading up to Easter - is set aside as a period of fasting, repentance and forgiveness. There is no listing of sins; no point system for particular sins - ways of hurting self and others; no specific mention of brain dysfunction which limits or prohibits ability to see or understand the need for repentance. This is simply a recognition that all of us have been hurtful and deserve forgiveness.
If we want to create a true system of justice; if we want to live out the spiritual prescriptions regarding forgiveness we must accept the limitations of particular human brains. Some of our brains will be unable to heal and consider the needs of others. Some of our brains will make it unsafe for us to live in the general society. Some of us will need to be in a secure medical facility where we are treated with the same love and respect as someone with a broken bone. If we are serious about creating a fair, just and loving society we will expand the concept of illness. We will treat all those who cannot consider that harming others is self harm with the same loving care we treat those with identified brain tumors, dementia, and other brain causes of brain limitations. Until we do so our judicial system will remain selective and, thus meaningless.
Written February 26, 2023
Jimmy F Pickett
coachpickett.org