This morning I read that one of the candidates for governor of West Virginia is following the lead of some federals officials in calling for the death penalty for drug dealers. Often, it seems, there are always those who campaign with a promise to be tough on crime. I know there are those who feel safer when such promises are made, but I always feel less safe when one talks about increasing punishment for certain crimes. I use the terms “certain crimes” because it seems to me that those behaviors which are codified as crimes are very subjectively chosen. Also, enforcement and punishment are often based on one’s status, access to money, political clout, skill in tying up cases in court for years, skills of attorneys, racism, sexism and many other factors.
Oxford dictionary defines crime as
- An action or omission which constitutes an offense and is punishable by law.
- Illegal activities.
- An action or activity considered to be evil, shameful, or wrong.
Examples of crimes in the States include:
- In many states a decision by a physician that an abortion is necessary.
- Illegal activities such as stealing committed in order to feed an addiction to alcohol or other drugs.
- Hurting another person physically unless defending oneself
- Committing an illegal act when one does not have a brain which is working well enough to make logical decisions.
- In some cases causing harm to someone to make a profit.
- Taking what does not belong to one if that action is not sanctioned by a government entity.
- Until recently homosexual activity although it is still a crime in many countries and some in this county continue to shame those loving those of the same gender.
- Deliberately distracting oneself or multi-tasking while driving
- Having or attempting to have sex with a person unable to give consent as an equal.
- Selling drugs for a profit without a license.
Many other activities are not considered a crime. These include:
- Shrew business deals which may result in emotional or financial harm to a person(s), family, other business or entity unless it can be proven the motivation was to harm others.
- Making a profit which is much larger than needed to take reasonable care of self and family for providing health care services.
- Paying administrator such as CEOs large salaries even if health care or other needed services are thereby limited.
- Making a profit off of prisons rather than helping individuals heal/change.
- Harming people and the environment so that a small group can make a financial profit.
- Selling weapons for profit.
- Starting wars because of self-interest.
- Spending tax payer money to enhance personal pleasure which is not available to all.
- Harming or destroying careers because one can or one can thereby gain politically or financially.
- Defining crime based on status, ability to hide or power position including religious power.
The problem with one’s often subjective definition of and enforcement of crimes is that not only does it seem morally wrong to me, it is long term harmful to everyone. For example, we, as a society, cannot decide if addiction is a medical issue, causes physical changes to the brain, is a moral issue, or is limited to how certain drugs affect the brain after one freely makes a decision to use or abuse certain drugs. We distinguish addiction to drugs from addition to power, sex, food, things. The addiction to money and power of the non-drug addiction of the drug dealer is considered a choice. This person could have instead chosen to be a CEO of a health care facility and used a significant portion of the profit to pay themselves a huge salary which resulted in some needing services to not get them and subsequently dying. One is a criminal and one is a smart business person.
What if there are no innocents? What if people such as Jesus were right to suggest, “Let you who is without sin throw the first stone.”
I am not suggesting that selling unsafe drugs which can result in serious addiction or even death is good or moral. I am suggesting that one needs to treat the person attached to making money as a way to feel powerful or good about themselves with compassion and treatment. I am suggesting that we quit pretending as if there are innocents and offenders.
It is true that some crimes are more immediately dangerous and need to be quickly stopped.
It is also true that there are no innocents. We humans all fall short of being the best we can. We do need to more accurately diagnose the various ways we human harm each other and decide if it possible to work towards a more just society in which resources are more equally shared. We do need to work towards a better understanding of the factors which affect the ability to make decision which are less harmful to self and others.
The current system of justice is not fair or just. It is not designed to stop crimes – only certain crimes – or to protect the innocents. It is not designed to heal or rehabilitate. It is designed to satisfy our need to pretend as if some of us can comfortably continue our crimes while selectively punishing others and pretending as if punishment works.
Perhaps then we can articulate more helpful questions.
Written October 26 2019
Jimmy F Pickett
coachpikett.org