Platform : ‘Our System of Punishment Doesn’t Work’

The caning of an American teen-ager in Singapore and a recent case in the Washington State where a judge, after consulting with tribal elders, sentenced two native Americans to a term of banishment has focused attention on the question of alternatives to prison. We sought the personal opinions of Southern Californians who are knowledgeable about the criminal justice system.

GILBERT GEIS

Professor emeritus, Department of Criminology, Law and Society, UC Irvine

It seems to me absolutely unarguable that what we’re doing in the United States has not worked very effectively. We have the toughest penal policy in the world barring, possibly, South Africa. We’ve now managed to exceed the (former) Soviet Union and we’re probably ahead of China and we have certainly one of the highest crime rates in the world. That’s not saying that one causes the other; but certainly you can say what we’re doing has not been marvelously successful.

It means that somebody ought to sit down and try to think of other things that might be more effective. It is absolutely essential to convince people who violate the law that it is not the sort of thing that one ought to do. And I don’t think you can convince them by isolating them from the mainstream social system. You’ve got to convince them there’s a place for them. You’ve got to shame them in a manner in which they do not feel that they’re thrown out from “ordinary” and “decent” people but are themselves fundamentally decent and though they’ve strayed.

LARRY ROTHSTEIN

Deputy probation officer, Specialized Gang Supervision Unit, Los Angeles County.

We have special “probation schools” where we can work with kids, both in their education and in their behavior and dress. I also strongly believe in community service--particularly anti-graffiti programs where for several days kids are reminded of the consequences of their activities. It also aids the community in cleaning up. Since we have this variety of things that can be recommended, we have a lot of alternative sentencing even in the existing system.

JOHN WATSON

Judge, Orange County Superior Court

I was a prosecutor for 20 years before I was a judge and for many years I was convinced we were not approaching sentencing as intelligently as we could have.

One of the things that really frustrated me was the attitude that this is the finest system of criminal justice ever devised by the mind of man. I began to look into it. It was surprising how innovative and intelligent many of these other approaches were--and very surprising to find out the amount of international cooperation among other countries that the United States does not take part in. I think it’s the height of elitism for us to say there’s no point in studying what the French or the Bulgarians or the Namibians are doing.

JOHN D. CONLEY

Assistant District Attorney, Orange County

When I began as a prosecutor 22 years ago, the concept of rehabilitation was very strong in the system; in fact, it was written into the system. And we bought into the concept of rehabilitation in terms of mentally disordered sex offenders--we allowed them to go state hospitals instead of prison. We allowed people into drug programs in lieu of custody, and so on. It was apparent after a period of time that that failed, that the successes were few and far between. The determinate sentencing law in 1977 changed from rehabilitation to punishment as the goal, rehabilitation never having been achieved. I think most of us prosecutors and professionals in law enforcement are somewhat skeptical about the ability to rehabilitate adults, though juveniles are an entirely different situation.

JOSE MEDINA

Attorney in Torrance, specializing in criminal defense and family law

I’m not so sure about some of alternatives like the (proposal to) paddle graffiti (vandals). Should government have a right to do that? I believe in alternative punishment but one has to be careful just what is fashioned. Even while the judge has discretion he should not have discretion to do some things, for example, like they did in Singapore.

The good thing about the system here in the United States is that things can be checked. As you recall, a while back a (defendant) was convicted of rape and (was sentenced) to chemical castration. That was found to be too cruel and unusual. It was just more than will withstand constitutional scrutiny.

GEORGE T. FELKENES

Chairman of the Program in Politics and Policy, Claremont Graduate School

I think the public is totally bewildered by the fact that literally hundreds of thousands of crimes a year go unpunished. It would seem to me that they’re willing to accept a more Draconian form of punishment--some type of alternate punishment that was swift (and) sure. I think they’re just disenchanted with the punishment(s) we’ve got now and they’re willing to look for alternatives.

The problem is what the alternates will be. The punishment (ought to) contribute something to the welfare of the person and society. But locking a person up doesn’t contribute a lot to the welfare of society.