I recently
returned to Winnipeg after visiting my father on his farm where the radio is
constantly tuned to 880 CKLQ the country and western station out of
Brandon. On the morning of the day I
drove back they played a familiar classic by Merle Haggard, “Mama Tried”. The song is semi-autobiographical, written in
reflection on the time the to-be country star served in San Quentin for an
attempted robbery in Bakersfield. I say
semi-autobiographical for while Haggard did indeed reach the age of majority in
prison the sentence he was serving was nowhere near as severe as the lyrics
suggest:
And I turned twenty-one in prison doin' life without
parole
No one could steer me right but Mama tried, Mama
tried
Mama tried to raise me better, but her pleading,
I denied
That leaves only me to blame 'cause Mama tried
When I
listened to these familiar words again this time it occurred to me to wonder
what on earth someone would actually have to do to be sentenced to life in
prison without parole while still a minor. Even in 1957 when Haggard was convicted it
would have had to have been a lot more than what he did. California was not as crime-friendly then as
it is today but they would not have locked a minor up and thrown away the key
for an unsuccessful break and entry in which no one was hurt, not even with all
of his priors. His actual sentence was
fifteen years of which he served three.
Today, it is highly unlikely that anyone in any jurisdiction outside of
Texas would receive such a sentence for a similar crime.
All across North
America today, both in the United States and in my country, the Dominion of
Canada, major cities have seen a massive rise in violent crime especially in,
but by no means limited to, their downtown, core, neighbourhoods. More than one factor has contributed to this
urban crime crisis, of course. One of
the disturbing aspects about the crisis is that “unprovoked random attacks” by
strangers, i.e., when someone you don’t know from Adam comes up to you and
assaults you for no discernable reason, which were previously very rare, have
spiked and account for a huge percentage of the crime wave. Two explanations for this jump to mind. The first is the vast increase in mental
illness over the last three years induced by idiotic governments forcing people
into social isolation for long periods of time in a failed and absurd attempt
to protect them from a respiratory disease that in most cases had only mild
symptoms and from which the vast majority fully recovered. The second is the increase in drug abuse,
particularly of paranoia-inducing substances like crystal meth, which is partly
due to the same thing that caused the uptick in mental illness, but which is
also the result of stupid politicians having prioritized in their drug policy
the making drug use safe for users over the safety of others who might be
harmed by drug-induced violence.
These
factors, while they help account for random stranger attacks, do not in
themselves explain the larger urban crime crisis. Another factor that significantly
contributes to the overall rise in urban crime is the soft-on-crime attitude
promoted by the sort of people who like to think that being forward-minded,
progressive, and liberal amounts to being enlightened and that they are
therefore more enlightened than others.
This attitude has in recent years been translated into various sorts of
bad policies that are often described as “catch and release” or “revolving
door”. These include sentences that are
too short or too soft, parole being too easily obtained and too early, and,
more recently, pretrial release being too easily obtained even with multiple
prior convictions. This latter, due no
doubt to its relative novelty, is the most discussed at the moment. In several American jurisdictions liberals
have demanded and sometimes obtained the elimination of cash bail either
entirely, as in Illinois as of New Year’s Day this year, or for all but the
most heinous of crimes, as in New York four years ago. In Canada, criminal law falls under the jurisdiction
of the Dominion government, even though in practice its day to day
administration is carried out by the provinces, and so provincial premiers and
legislatures cannot enact such policies within their own provinces the way
American state governments can. Not
that any of the current provincial premiers would want to do so. In January of this year all provincial and
territory premiers signed a letter unanimously calling on the Dominion
government to enact bail reform of the opposite sort to that of the just
mentioned Illinois and New York examples, the toughening of bail laws to make
it much harder for a repeat offender or one likely to repeat, to be released
back into the public. Unfortunately, the
Canadian politicians most in sync with American liberals in their thinking on
this matter happen to be the ones in power at the Dominion level.
In 2018,
while they still had a majority government, the Liberals introduced Bill C-75
which passed Parliament the following year. Bill C-75 contained a number of amendments to
the Criminal Code and related legislation such as the Youth Criminal Justice
Act. While I consider most, if not all,
of these amendments to be bad, they fall into three categories. The first is those which are bad for reasons
that are not germane to what we are discussing here, such as the lowering of
the age of consent for anal sex. The
second consists of amendments that limit the traditional rights of Canadians
when accused of crimes. Examples
include the near-elimination of preliminary inquiries (intended to speed cases
through the court system this has the opposite effect and so infringes on the
right to a speedy trial), the abolition of peremptory challenge in juror
selection (this infringes as it was intended to do on the defense’s right to
exclude those prejudiced against the accused from the jury system), and
allowing police to testify via affidavit (this infringes on the right of the
accused to confront and cross-examine his accuser). What needs to be said about these amendments
is that while they do not err in the direction of being soft-on-crime in the
sense we have been discussing (1) they are not legitimate steps in the opposite
direction either. There are a lot of
people who confuse the rights of the accused with soft-on-crime but they are
very different. The rights of the
accused are there to protect the innocent from the abuse of the criminal
justice system. They may, at times, result
in a guilty person getting off, but they are based on the traditional conviction
that for justice to fail in this manner is to be preferred over it failing by
punishing the innocent, a conviction that is right and Scriptural (see Genesis
18). Soft-on-crime policies do not
protect the innocent from wrongful accusation but are rather about lighter
sentences for criminals that disregard the safety of the public. The third category consists of amendments of
the soft-on-crime type. Examples of
this include the hybridization of offences and the related reduction of
sentences and, most relevantly, the amendments to the bail provisions of the
Criminal Code. The stated purpose of the
bail amendments was to make the earliest possible release the default outcome
of an arraignment rather than detention, with fewer conditions and less
requirements of cash, bond, or other surety.
In other words it was very similar in intent to Cuomo’s experiment in
bail elimination in New York around the same time.
It was
similar in effect too and one consequence of that was the aforementioned
unanimous letter by the premiers demanding that the Dominion government walk
this back and make bail harder for repeat violent offenders. In May, David Lametti, who lamentably holds
the portfolio of Minister of Justice and Attorney General in His Majesty’s
government – lamentably because he has shown in numerous ways, the most recent
being his favourable attitude towards criminalizing disagreement with the
obviously distorted and easily debunked false official narrative about the
Indian Residential Schools, that he ought not to be put in charge of the
penalty box at a hockey game, much less the Ministry of Justice - responded to the premiers’ demands with Bill
C-48 which proposed further amendments to the bail system. Unfortunately, but sadly not unpredictably,
the “reform” that stands out the most is itself an egregious error of the sort
contained in the second category of bad amendments in Bill C-75. This is the proposed reverse onus for repeat
violent offenders. In other words, someone
previously convicted of a violent offence, arrested a second time, would have
to prove that he should be granted bail, rather than the Crown having to prove
that it should be denied him. This is
something that all the Justice and Public Safety Ministers – Dominion,
provincial, territorial – called for when they met in Ottawa in March. Admittedly, this is a lesser offense against
the principle of the presumption of innocence than reversing the burden of
proof when it comes to guilt in an actual trial would be, but it still offends
against the principle, opening the door for worse such offences. Indeed, an examination of Bill C-48
demonstrates that most of the proposed amendments are merely different
variations on the idea of reverse onus.
With all the possible ways out there of toughening up our policies
towards crime without violating even in minor ways the ancient and sacred
principles like the presumption of innocence that protect us all from abuse of
the criminal justice system, this was the best the provincial governments could
recommend and the federal government could come up with?
What is
behind this push to implement policies that turn dangerous criminals back out
into the streets as quickly as possible and to meet complaints about how this
undermines public safety not by walking back said policies but by eroding the
rights of the accused and the principles that underlie them?
We might
say that it is an inversion in the priority of sympathies in which some people
sympathize more with those who commit crime than with those who are its
victims. This inversion manifests
itself in a number of different ways.
One of these is the liberal’s refusal to acknowledge the legitimacy and
right of defending one’s self, one’s loved ones, and one’s property from
criminals. Look at the current uproar
over country and western singer Jason Aldean’s song “Try That in a Small Town” and
the
accompanying video. The
song’s lyrics talk about violent urban crime such as sidewalk assaults,
carjacking, liquor store robbery, etc. and challenges the thugs who do these
sort of things to “try that in a small town”.
Sniveling idiots like Sheryl Crow have accused Aldean of “promoting
violence” in the song and worse idiots have accused him of promoting “lynching”
on the flimsy grounds that one had apparently taken place a century ago on the
popular filming location where he shot the video. To normal people, the person who sucker
punches someone on the sidewalk, the carjacker, and the liquor store robber are
guilty of criminal violence, and
someone fighting back in defense of himself and his community is using
legitimate force. The distinction is lost on liberals – and
people who whatever their politics have had their minds and souls destroyed by being
brainwashed with human resources and public relations “education” – who use the
word violence to describe people who exercise their God-given right of
self-defense to repel criminal assaults with force but avoid using this word
for the criminal assaults themselves.
While this inversion would not be a wrong answer to the question, it is
a description of the problem rather than an explanation for it.
We could
say that it is a result, intended or otherwise, of sixty to seventy years of
liberal and progressive crusading against discrimination. The population of prison inmates looks very
different from the general population.
This may be true of economic status.
The imprisoned are far more likely to come from poverty than from
wealth. Note, however, that the poorer
outnumber the richer in the general population in any society. It is certainly true of race. In the United States the black percentage of
the prison population is far higher than the black percentage of the general
population. In Canada this same
disparity exists between the representation of North American Indians in the
prison population and the general population.
By contrast, in both countries, the percentage of Asians in gaol is far
lower than in the general population.
It is also true of sex. Indeed,
here the greatest disparity is to be found.
In Canada, women represent on average about five percent of the
incarcerated. In the United States it
is higher, about eight to ten percent.
In both countries, however, men are vastly overrepresented in the prison
population if the basis of the comparison is their representation in the
general population. Even though the
disparity with regards to sex is much, much, greater than the disparity with
regards to race, and greater still than the disparity with regards to economic
status, it is never alluded to by those who demand the criminal justice system
be reformed in a softer-on-crime way because it is unfair. Neither do they reference Asian
underrepresentation. This is because
both of these facts go against their narrative in which society and its
structures are biased against women rather than against men and in favour of
whites against all other races. Indeed,
when it comes to the huge disparity with regards to sex, this not only goes
against the narrative it rebuts it entirely.
The reason men comprise ninety percent or higher of the prison
population is because men commit ninety percent or higher of the crimes that
land one in gaol. There is not really
much of a dispute about this.
Discrimination in the system, therefore, is not the cause of male overrepresentation
in the prison population which is not really overrepresentation when the basis
of comparison is what it should be, the percentage of males in the general
population who commit crime. This
suggests that something similar could be argued for the overrepresentation of
blacks in the American prison population and of Indians in the Canadian prison
population, a suggestion supported by the underrepresentation of Asians in the
prisons of both countries, which can hardly be explained by a racial bias that
favours whites against all others, and by statistics gleaned from the victims
of crime as to the race of the perpetrator.
Liberals and progressives treat any suggestion that the races
overrepresented in the prison populations of Canada and the United States are
not overrepresented when contrasted with the percentages of each race among the
criminal perpetrator population rather than the general population, no matter
how backed by facts and data that suggestion may be, as arising out of racism. Their actions, however, and the policies they
support demonstrate that they do not really believe this, that on an unspoken
level they acknowledge it, but in their need to be seen and to see themselves
as sympathetic with American blacks, Canadian Indians, and, to switch to the
economic status category, the poor, they blame the larger society for
this. This makes them, of course,
vulnerable to all the ugly accusations they hurl against others. Blaming the larger society for the
overrepresentation of American blacks, Canadian Indians, and the poor is to
deny agency to blacks, Indians, and the poor.
Furthermore, justifying being soft-on-crime in the name of being fair to
these groups, overlooks the fact that they are also overrepresented
among the victims of crime. This
is a fact that goes hand-in-glove with these same groups being
overrepresented among the perpetrators of crime because the majority of crimes
are in-group rather than perpetrated by members of one racial or socioeconomic
group against members of another.
Therefore, it is favouring soft-on-crime policies that is discriminatory
against these groups, because even if American blacks and Canadian Indians are
represented among perpetrators of crime at a higher percentage than they are
represented among the general population, the majority of these groups are not
criminals and all members of these groups, here including the poor, are at a
higher risk of being the victims of violent crime than the general population,
and so need the protection of hard-on-crime policies more. However, liberalism and progressivism’s
misguided, ill-informed, and myopic crusade against discrimination, while it
may explain the shape of the arguments currently used by soft-on-crime liberals
and the policies they currently support, it does not explain the origin of
their way of thinking.
This is so
because liberals have been soft-on-crime for a lot longer than they have been
obsessed with discrimination. In the “Enlightenment”,
the seventeenth and eighteenth century movement away from the light of orthodox
Christianity into the darkness of the superstitious idolatry of science and
materialistic reason that took Puritanism, the anal retentive form of Calvinism
and transformed it into liberalism, the anal retentive form of secular
agnosticism, the early liberals decided that traditional criminal justice was barbaric
and cruel both in its penalties – death for capital crimes like murder,
corporal punishment, fines, public humiliation, exile and such for lesser
crimes – and its underlying theory – that by breaking the law, criminals
incurred a debt to society which they had had to pay. In place of the older penalties the early
liberals wanted incarceration to become the default penalty for crime which
they achieved in the nineteenth century.
In the traditional system gaol was merely for holding the accused until
trial, long term imprisonment was reserved for political prisoners. Punishing people for their crimes, the
liberals said, was not justice but revenge.
This is nonsense. In all the
ancient accounts of the origins of the traditional criminal justice system,
from Aeschylus’ tragedic account of the origins of jury trials in his retelling
of the myths of Agamemnon, Clytemnestra and Orestes in the Oresteia to the account of the establishment of refugee cities in
ancient Israel in sacred Scripture, the criminal justice system was not based
on revenge but implemented to curb the lust for revenge and protect societies
from out of control cycles of vengeance.
Although obviously, for criminal justice to do this, it must
legitimately satisfy the need which blood vengeance seeks to satisfy in an
illegitimate manner – unsuccessfully as its tendency to get out of control
indicates – there is a careful and clear distinction between the two. In revenge, a wrong doer’s debt is owed to
the victim or his kin, and they exact it from him to the extent that they are
able and that they themselves see fit.
Under justice, the debt is owed to the laws of society, it is not
exacted by those with a personal stake in the case but by the lawfully appointed
court and its officers, guilt has to be investigated and established and the
accused has the right to present his own case, and the law places limits on the
penalties that can be exacted. The Lex
Talionis – “an eye for an eye” – whether enshrined in the Code of Hammurabi or
the Law of Moses is in its fundamental nature, a limit on the penalty someone
can be made to pay for injury to another.
The principle underlying it is that expressed by Cicero in De Legibus III.4, noxiae poena par esto, more commonly
remembered as the Roman legal maxim culpae
poena par esto which means “let the punishment fit the crime” (or “offense”
in Tully’s wording). By treating the
traditional system of criminal justice as being the very thing it was designed
to limit, prevent, and replace the liberals committed a most impious injustice
against multiple generations of their ancestors stretching back to antiquity. They argued that making a criminal pay for
his offence must not be the goal of the criminal justice system, that the only
acceptable goals were deterring others from committing similar crimes and
reforming or rehabilitating the criminal.
This was the original liberal soft-on-crime attitude.
C. S. Lewis answered this earlier version of the liberal soft-on-crime attitude
in an essay entitled “The Humanitarian Theory of Punishment” that was originally
published in The Twentieth Century in
1949 and later included in the collection of his essays posthumously edited and
published by William Hooper as God in the
Dock in 1976. Lewis clearly felt
very strongly on the matter – he alluded to it in later essays, asked T. S.
Eliot to write an essay about it in a letter in 1962, and included a discussion
of it in his novel That Hideous Strength. What made Lewis’ response so interesting is
that he based his case against the progressive view to which he gave the name
found in the title of his essay and his defense of the traditional view on the
argument that the progressives’ humanitarian theory failed on the very point on
which it claimed superiority over the traditional view, that is, treating
offenders in a humane, dignified manner.
Its advocates think it “mild and merciful” but in reality it “disguises
the possibility of cruelty and injustice without end”. Removing the concept of “desert”, i.e., the
offender getting what he deserves as punishment for his crime from the picture,
removes “the only connecting link between punishment and justice” so that
without retributive justice, rehabilitative justice is not justice at all. By treating crime as essentially
pathological and the courts and prison system as essentially therapeutic, the
progressive humanitarian theory opens the door to excessive punishment by
transferring the decision as to the fate of the convicted into the hands of “technical experts” trained in
“special sciences “which “do not even employ such categories as rights and
justice”. These, since they are
operating under the idea that they are curing the criminal rather than punishing
him, are not bound by the limits which justice places on what punishment can be
exacted from a criminal and will keep on until they are convinced he is cured. Lewis argued that this theory made it
possible for good men to act “as cruelly and unjustly as the greatest tyrants”
or “even worse” because “a tyranny sincerely exercised for the good of its
victims may be the most oppressive” since “those who torment us for our own
good will torment us without end for they do so with the approval of their own
conscience” and while they “may be more likely to go to Heaven” they are also “likelier
to make a Hell of earth”. Lewis argued
that far from being “humane” the system advocated by the progressives in the
name of humanitarianism treated law breakers as less than human. This seems indisputable. The traditional system treated the criminal
as responsible for his actions and so owing a debt the payment of which squared
the criminal with the law and society.
The progressive humanitarian system denies responsibility to the
criminal and keeps his crime dangling above his head forever as the experts who
“cured” him keep perennial watch lest he have a “relapse”.
Lewis’ answer to the humanitarian theory, since it addresses
it on the level of its fundamental injustice, is an answer that would stand
even if the experiment in “curing” criminals had been one hundred percent
successful. The experiment has not been
successful. It has rather proven to be
a colossal failure. Yes, people have gone to prison and come out
reformed. Merle Haggard, referred to at
the beginning of this essay, is an example.
His reformation in San Quentin, however, had less to do with the prison’s
rehabilitation system working than with its retaining part of the older
retributive system. California did not
abolish the death penalty until 1972.
Haggard was sent to San Quentin while Caryl Chessman was serving his
last days on death row there before his execution in 1960. Chessman’s early life, with the experience of
being in and out of detention, initially for petty crimes, later for more
serious ones, mirrored Haggard’s in some ways.
Later, however, he had been convicted of the “Red Light Bandit” crimes,
a series of robberies and rapes that had taken place in the Los Angeles area in
1948, and sentenced to death. By
Haggard’s own testimony it was the experience of being caught brewing liquor in
San Quentin and sent to “the shelf” – a row of solitary confinement cells in
the same part of the prison as death row – where he saw Chessman, awaiting his
execution, and this scared him straight. He was rehabilitated in prison, but not by
the prison, at least not in the direct sense that liberal supporters of the
rehabilitation theory had in mind.
Others have entered prison and for various reasons – being further
corrupted by worse criminals themselves, being hardened by prison culture and
as a necessity for survival, etc. – have ended up worse than when they went
in. According to a research summary
entitled “The
effect of prison on criminal behaviour” published by Public Safety
Canada in November 1999 which looked at 50 studies involving 300 000 offenders
“None of the analyses found imprisonment to reduce recidivism”.
The liberal and progressive attitude towards how society
should deal with crime and criminals has consistently been based on the conceit
that their ideas are more “humane”, “enlightened”, “kind”, “compassionate”, et
cetera ad nauseam than anything that preceded them no matter how ancient and
time-tested-and-proven. Initially, this
manifested itself as the idea that it is more “humane” to treat criminals as rats
in a social experiment in rehabilitation in prison laboratories than to treat
them as men, responsible for their actions, who owe a debt to society and
society’s laws. Later, as the
progressive conceit evolved from an attitude of superiority to the past and the
civilization we have inherited from it to one of hatred for said past and
civilization, it manifested itself in the idea that the criminal is the true
victim, the real blame belongs to civilized society, and so civilized society
must be made to pay rather than the criminal, who should be released into the
rest of society as soon as possible with as few conditions as possible. The
progressive mind has proven remarkably resistant to the abundance of evidence
demonstrating these ideas to be the very opposite of “humane” and “enlightened”. For people who are always shooting their
mouths off about their “compassion” and demanding that various groups be made “safe”
from words and ideas that offend them they are extremely blithe about how their
absurd policies make everyday life less safe from the threat of actual physical
harm due to violent crime in our cities.
Ultimately, the liberal and progressive conceit goes back to
the superstition they imbibed during the period that would more appropriately
called the Darkening rather than the Enlightenment. Having transferred their faith from the True
and Living God to the idol of science, they no longer recognized that the True
and Living God, in Whom both Perfect Justice and Perfect Mercy are untied
without compromise, has delegated authority to two earthly institutions, to one
of which He gave a sword and charged it with the exercising of Justice, to the
other of which He gave a pulpit and an altar and charged it with bringing His
Mercy and Grace to people all of whom are offenders under Divine Law. The State, consisting of the king and his ministers,
an earthly depiction of the government of the Universe, God as King of Kings,
served by His ministers in Heaven, for which reason king-headed government is
the only legitimate form of the State, was given the sword of Justice, but
Justice that was to be tempered with Mercy, for which reason kings and the
courts that act in their name have always had the power of clemency and pardon. The Church, consisting of the Apostolic
priesthood and the congregations of baptized Christians they shepherd, brings
God’s Mercy and Grace to the sinful world by preaching the Gospel and
administering the Sacraments. While the
Church’s ministry is primarily one of Mercy and Grace, as the State’s ministry
is primarily one of Justice, just as the State must temper the Justice it
exercises with Mercy, so the Church’s Apostolic leadership has been given the
keys – the power of excommunication – to exclude from the ministration of Grace
those who defiantly persist in rebellious and open sin until such time as they
repent. No longer recognizing the God
from Whom the authority of Church and State alike are derived, liberals and
progressives reject the Church and have replaced divine Mercy and Grace with
inferior human substitutes the burden of distributing which they have placed on
the State, the divine authority of which they have sought to replace with
democratic power, the power of the mob.
Idols always fail those who worship them, however, and it has become
abundantly clear that liberalism’s efforts to create a new justice superior to
the old and more merciful after cutting itself off from the Source of true
Justice and Mercy have failed and unleashed upon our civilization the opposite
of both Justice and Mercy.
It is about time that we as a civilization turned our backs
on liberalism forever and returned to the True and Living God, Who is Merciful
and Gracious to all who turn to Him in repentance and faith, but has given to the
State the sword to punish crime and expects it to be used for the safety of us
all.