I agree with everything posted in this thread. An enormous portion of all criminal offenses and other societyal problems in the Winona area (and throughout our nation) are directly linked to the abuse of alcohol and other drugs. Mental illness, especially coupled with substance abuse is also extremely significant as a contributor to crime rates, poverty and other societal ills. Jails will not cure any of these problems. But there are two important ways that jails can contribute to the solution:
1. By serving as a wake up call. For some people whose lives are out of control due to substance abuse and/or mental health issues, appearing before a judge who will hold them accountable for their actions while under the influence can be a wake up call, or at least the first in a series of wake up calls that force the individual to look at his/her life and choices and make some changes. I have seen this work for some people the first time out; I have seen it fail repeatedly for others. Obviously, a judge and a sentence are not the cure but can be a step.
2. I believe that it is extremely important that individuals who commit criminal offenses under the influence of any substance be held legally accountable. An important part of recovery for alcoholics and other substance abusers is making amends. I also think that part of recovery should be punishment. We need to hold people accountable and not allow us or them to make excuses because of their problems, however real and substantial those problems are. Addicts are experts at making excuses, letting themselves off the hook. We must not aid them in this avoidance of reality and the real effects of their abuse and actions on others. There needs to be real consequence to criminal actions. I am not suggesting the draconian sentences some advocate and I do not believe that simple possession or use should warrent harsh sentences. But I do believe that driving under the influence, assault, theft, etc. as a result of substance abuse must be punished, in additon to offering treatment options.
No matter how wise the judge or how willing to impose treatment/detox/counseling as part of the sentence or consequence for criminal offenses, the offender will not benefit from treatment until he/she is ready to admit that s/he has a serious problem and commit to overcoming the problem. Unfortunately, that willingness is not something the courts can mandate. What we can do as a society is to fund and provide better access to treatment for substance abuse and mental illness.
Terri Hyle
From: "Craig Brooks" <[EMAIL PROTECTED]> To: "WOD" <[EMAIL PROTECTED]> Subject: Re: [Winona] Crime and Punishment Date: Sun, 4 Jan 2004 08:07:59 -0600
[Winona Online Democracy]
I don't believe jails work to rehabilitate or deter. They do protect us
from the criminal. Most people in jail now are not there to protect us.
Some who we need to be protected from are released. I don't pretend to have
a solution. But first we have to understand the problem and our own
motivations. Judge Peterson said we don't want to pay for prisons. I
disagree. We, as a society, do want to pay for prisons to keep the riff
raff out of sight and out of mind. It doesn't really matter that it does
nothing to reduce crime.
We need to reduce the incentives to keep the Courts busy, the attorneys busy
and the jails full. We are afraid we might lose a Judge position if the
cases going to Court go down, we want to justify the number of attorneys
prosecuting and the number providing public defense, the State Dept. of
Corrections likes prisons, the Sheriffs each want their own jail in each
county so it can be run by them and not share. These incentives all cost
too much and push the system in a direction that exacerbates the problem of
not being able to reduce crime.
Community based treatment, prevention, early intervention, deterrence,
diversion, treat mental illness, treat chemical dependency, electronic
monitoring, restorative justice are all examples. I don't pretend to know
all the possibilities. We need incentives to use such methods and not the
disincentives than now exist. I do know the simple one that makes us all
more comfortable is jail and it does not work and it costs too much -
especially in the long run. A few simple ideas -- law enforcement should
get credit for the diversions they do and not just the arrests; same for
prosecutors in terms of going to court vs. diversion methods; Courts could
get credit for such things as diversion being counted in the 'caseload' used
to determine how many judges a county gets; money could be diverted to
treatment from jails; the state could fund community based services at a
higher rate than jails; etc.
Pogo went into the world to look for the enemy and found that it was "us".
I think that is the case here. "Out of sight, out of mind" works for me --
I just wish someone else would pay for it.
Craig Brooks
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