Criminal
Most for us, when we hear the word criminal, think of a person who has violated a law serious enough to result in being incarcerated. We may also know of those who are convicted of breaking a law but who are given a fine, house arrest, probation, parole or community service in lieu of being incarcerated. Some make a distinction between that person who has a parking or speeding ticket and that person whose speeding causes an accident resulting in the death of another person(s). A few may laugh when a friend leaves a party after a “few” drinks and is stopped and arrested for driving under the influence. Often, one may think of this person as different than the person who is found to be driving while under the influence of an illegal drug such as heroin or meth. If asked, many would say that those who kill another person while under the influence is clearly a criminal who deserves to be punished.
Some activities labeled as criminal directly injure another person or property or may be viewed as supporting illegal activity. Viewing child pornography is viewed as the later. In some states “stand your ground” laws ensure that those who injure or even kill another person who is attempting to invade the boundary of one’s home may be labeled a brave homeowner who was “merely” protecting his or her family and their possessions. Recently I read of a local man who shot and killed someone who was attempting to steal a lawnmower. Of course, none of us would be pleased if someone stole our lawnmower and, yet, do we really believe that a lawnmower is worth more than a human life?
Hiring a skilled accountant who is willing to be creative in finding ways to avoid paying taxes may, by some, be considered a smart person and not a criminal. Negotiating a contract where one is not personally liable for a failing financial endeavor and which, in fact, may allow the developer to increase his or her wealth, is in some circles. considered laudable.
If one checks the oxford dictionary for definitions of the noun crime one finds several definitions including:
o “An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
o Illegal activities
o An action or activity that, although not illegal, is considered to be evil, shameful or wrong.”
All of us have committed some act which is illegal and potentially punishable. The seriousness of the crimes may or may not depend on the more direct harm one causes to a person or an institution. Even if many people may think someone is guilty of a crime the skill of the defense attorney in a court of law may determine whether a person is guilty of a crime. The trial of O. J. Simpson is thought by many to be such an example. Numerous factors may influence the vote of the jurors or decisions of the judge.
In the United States the Constitution mandates a clear separation between church or religion and the state. Yet, there are many laws clearly based on the religious beliefs of those who wrote and help to enact them. Abortion, the rights of LGBT individuals, Sunday sales of liquor, prostitution and a host of other activities have been codified in the United States as illegal. Some, such as slavery, abortion and LGBT rights may be based on some interpretations of scientists but even those interpretations often have had their origin in the religious or ethical beliefs of legislators.
One might think of criminal activity as that which causes direct or indirect harm to another person(s) and/or to the larger community. The events of January 6, 2021 at the United States capital were considered by many to threaten not only the members of congress and staff of the capital but the institution of the democracy itself. A significant number of individuals have been charged as a result. There are those, however, who maintain that no criminal activity was committed.
In the United States those who break the law are often struggling with a mental illness such as addiction, a mood disorder, or some other disorder which prevents them from considering the needs of others. Their ill mind makes a decision to commit an illegal act. Yet, we seldom determine that the illness and not a criminal committed the criminal act. To many of us it makes no sense to label an ill person as criminal.
Many who are incarcerated have been forced through circumstances to live on the bottom rung of Maslow’s hierarchy’s of needs, Maslow might maintain that when one is functioning at a survival level one does not have the luxury of obeying certain laws.
We have laws in every state in the Unite States detailing the age differences and the respective ages of those who are legally allowed to have sex. A wide variety of facts and circumstances determine when one is committing a criminal act. These laws are loosely based in science; science whose conclusions are constantly changing.
The questions we must personally and as a community address are:
o How does the label of criminal help to create a more just and safer community?
o To what extent do we allow religious views to determine laws?
o Should laws reflect that which is truly harmful or that which morally upsets some.
o If, in fact, we believe mental illness is a “real” disease” why would be label a person whose disease made a decision a criminal?
o Is our main goal as a community to assuage our hurt and discomfort or to create a safer, more just community?
o How does one resolve the line between personal and community freedom? What activity should be considered criminal?
Written September 20, 2021
Jimmy F Pickett
coachpickett.org
.
Most for us, when we hear the word criminal, think of a person who has violated a law serious enough to result in being incarcerated. We may also know of those who are convicted of breaking a law but who are given a fine, house arrest, probation, parole or community service in lieu of being incarcerated. Some make a distinction between that person who has a parking or speeding ticket and that person whose speeding causes an accident resulting in the death of another person(s). A few may laugh when a friend leaves a party after a “few” drinks and is stopped and arrested for driving under the influence. Often, one may think of this person as different than the person who is found to be driving while under the influence of an illegal drug such as heroin or meth. If asked, many would say that those who kill another person while under the influence is clearly a criminal who deserves to be punished.
Some activities labeled as criminal directly injure another person or property or may be viewed as supporting illegal activity. Viewing child pornography is viewed as the later. In some states “stand your ground” laws ensure that those who injure or even kill another person who is attempting to invade the boundary of one’s home may be labeled a brave homeowner who was “merely” protecting his or her family and their possessions. Recently I read of a local man who shot and killed someone who was attempting to steal a lawnmower. Of course, none of us would be pleased if someone stole our lawnmower and, yet, do we really believe that a lawnmower is worth more than a human life?
Hiring a skilled accountant who is willing to be creative in finding ways to avoid paying taxes may, by some, be considered a smart person and not a criminal. Negotiating a contract where one is not personally liable for a failing financial endeavor and which, in fact, may allow the developer to increase his or her wealth, is in some circles. considered laudable.
If one checks the oxford dictionary for definitions of the noun crime one finds several definitions including:
o “An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
o Illegal activities
o An action or activity that, although not illegal, is considered to be evil, shameful or wrong.”
All of us have committed some act which is illegal and potentially punishable. The seriousness of the crimes may or may not depend on the more direct harm one causes to a person or an institution. Even if many people may think someone is guilty of a crime the skill of the defense attorney in a court of law may determine whether a person is guilty of a crime. The trial of O. J. Simpson is thought by many to be such an example. Numerous factors may influence the vote of the jurors or decisions of the judge.
In the United States the Constitution mandates a clear separation between church or religion and the state. Yet, there are many laws clearly based on the religious beliefs of those who wrote and help to enact them. Abortion, the rights of LGBT individuals, Sunday sales of liquor, prostitution and a host of other activities have been codified in the United States as illegal. Some, such as slavery, abortion and LGBT rights may be based on some interpretations of scientists but even those interpretations often have had their origin in the religious or ethical beliefs of legislators.
One might think of criminal activity as that which causes direct or indirect harm to another person(s) and/or to the larger community. The events of January 6, 2021 at the United States capital were considered by many to threaten not only the members of congress and staff of the capital but the institution of the democracy itself. A significant number of individuals have been charged as a result. There are those, however, who maintain that no criminal activity was committed.
In the United States those who break the law are often struggling with a mental illness such as addiction, a mood disorder, or some other disorder which prevents them from considering the needs of others. Their ill mind makes a decision to commit an illegal act. Yet, we seldom determine that the illness and not a criminal committed the criminal act. To many of us it makes no sense to label an ill person as criminal.
Many who are incarcerated have been forced through circumstances to live on the bottom rung of Maslow’s hierarchy’s of needs, Maslow might maintain that when one is functioning at a survival level one does not have the luxury of obeying certain laws.
We have laws in every state in the Unite States detailing the age differences and the respective ages of those who are legally allowed to have sex. A wide variety of facts and circumstances determine when one is committing a criminal act. These laws are loosely based in science; science whose conclusions are constantly changing.
The questions we must personally and as a community address are:
o How does the label of criminal help to create a more just and safer community?
o To what extent do we allow religious views to determine laws?
o Should laws reflect that which is truly harmful or that which morally upsets some.
o If, in fact, we believe mental illness is a “real” disease” why would be label a person whose disease made a decision a criminal?
o Is our main goal as a community to assuage our hurt and discomfort or to create a safer, more just community?
o How does one resolve the line between personal and community freedom? What activity should be considered criminal?
Written September 20, 2021
Jimmy F Pickett
coachpickett.org
.
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