News Rod Blagojevich goes to jail - why not public service?

[BobG]

While I am certain that it has its influences in our legal system vengeance is not what a Criminal Court is there to mete out. If one wishes to be "pa[id]back" one may sue in civil court for damages in proportion to the harm that has been done.

I think you have it backwards.

Civil court requires a person to correct whatever damage has been done - usually by giving the victim enough money to fix the problem themselves.

Criminal court hands out punishments that have no effect on the victims' lives other than some emotional satisfaction.

As to the purpose of criminal courts - that's a highly subjective opinion that varies from person to person. Some people would say the purpose of the criminal justice system is to reward people for committing crimes by giving them better tools - such as education.

A little like the debate between the two rich guys in the movie "Trading Places" where they toss their white middle class employee into the ghetto and replace him with a black criminal from the ghetto. One of the rich guys bet that behavior was solely dependent on one's environment, that the criminal would become respectable and the white collar employee would descend into crime. The other rich guy said a person's behavior was solely dependent on their character, that the criminal would still be a criminal even in a better environment and the white collar employee would rise above his ghetto surroundings.

I can't remember who won the bet, but according to the second guy, giving a common criminal a better education would just create a Bernie Madoff, so the idea of rehab has some limitations. (And I wonder what type of rehab program would even be appropriate for someone like Blagojevich?)

 

[TheStatutoryApe]

I think you have it backwards.

Civil court requires a person to correct whatever damage has been done - usually by giving the victim enough money to fix the problem themselves.

Criminal court hands out punishments that have no effect on the victims' lives other than some emotional satisfaction.

Criminal Court only handles punishment of those things which are considered crimes against society as a whole. Even murder, for example, while only directly affecting specific individuals has a wider impact on society as a whole, especially if it goes unpunished. While some people may feel that it is a form of vengeance that is perhaps because it is the only vengeance they will know and not because it is the actual purpose of the punishment.

Civil Court on the other hand deals with the grievances of individuals and goes specifically towards an attempt to correct the damage done to those individuals. It deals in personal justice as opposed to general justice and is actually far closer in principle to the concept of revenge than criminal prosecution. Indeed people quite frequently attempt to get their revenge on someone by suing them since the criminal courts are not interested in personal feelings and opinions on what constitutes injustice or what damage has been done to an individual unless it is considered damaging to society at large as well.

For instance if I purchase property from an individual and fail to pay them for it I will not be held responsible by a criminal court. It is the responsibility of the injured party to seek personal redress in civil court. On the other hand if I make a habit of purchasing property from persons and not paying them I may be charged criminally for fraud now that my behavior has turned into something that is threatening to society as a whole.

 

[Jack21222]

While I am certain that it has its influences in our legal system vengeance is not what a Criminal Court is there to mete out. If one wishes to be "pa[id]back" one may sue in civil court for damages in proportion to the harm that has been done.

Blago hurt every man, woman, and child in this country. He simply doesn't have enough money to pay everybody more than a penny or so. This is far below the level of damage he caused.

 

[Vanadium 50]

I've changed my mind. I think he should do public service. I think he should be required to join the Army, as a private, and be the person they send out to make sure the minefield is really clear, that they really got the sniper, and to check that no, that gizmo isn't booby trapped. After 14 years of this, provided he's still alive, maybe, just maybe, then he's paid his debt to the country.

 

[turbo]

I've changed my mind. I think he should do public service. I think he should be required to join the Army, as a private, and be the person they send out to make sure the minefield is really clear, that they really got the sniper, and to check that no, that gizmo isn't booby trapped. After 14 years of this, provided he's still alive, maybe, just maybe, then he's paid his debt to the country.

Yay! We pay for food, uniforms, etc, just like in jail, but maybe we get something in exchange.

 

[BobG]

I've changed my mind. I think he should do public service. I think he should be required to join the Army, as a private, and be the person they send out to make sure the minefield is really clear, that they really got the sniper, and to check that no, that gizmo isn't booby trapped. After 14 years of this, provided he's still alive, maybe, just maybe, then he's paid his debt to the country.

That's not even necessarily a punishment. After World War II, someone had to clean up minefields left around Europe. It was typical for German POWs to do a stint clearing minefields before returning home. (Clearing minefields is a dangerous job, but not automatic death.)

 

[Vanadium 50]

That's not even necessarily a punishment.

It is if you make him use a pogo stick.