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griffin tucker

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eradicate punishment from the law system. instead, teach.

we as a species should learn to teach right from wrong instead of simply casting away our own species into seclusion, and hoping the problem will go away.

popular law and politics dictates that we should make examples of people who commit a crime to show other people that an action shouldn't be done through means of fear.

in my opinion, fear does not work for the long-run, especially in modern times where upon the public doubts governmental law and even politicians/law-makers themselves.

i propose that methods should be developed that involve mandatory psychologists and sociologists to attend court cases with follow-ups on individuals who are jailed, periodically with the intention to develop reports on as many elements as possible that led up to the crime itself.

with privacy kept in mind, reports could then be made publicly available and delivered to current law-makers/politicians to change or remove elements of a recipe for popular crime.

in cases where societal elements themselves are part of the recipe for a crime, and can be changed or removed, politicians and law-makers have the power to do so via means of education.

to do so through schools is a start, but humans don't ever stop learning throughout their lives, so other ways of educating people who have committed a crime _and_ the public (potential crime-committers) should be made available to change or remove elements of society that lead to a crime and eventually remove the crime itself.

EDIT: as Christophe Cop first mentioned, removing some people from society is necessary. while these people can still learn, i still think that they don't need to be punished in order to do so. for further information to back up my belief please see this link:

http://en.wikipedia.org/wiki/Reinforcement#Positive_and_negative_reinforcement

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Closing Statement from griffin tucker

i closed this idea early, simply because the amount and quality of feedback has led me to want to re-write the idea.

while many people demand justice by way of punishment, i believe the idea of punishment is not the best way to solve a re-occurring problem, but instead increases the likelihood of it happening again.

positive reinforcement simply works better than punishment in any case, but due to the current model of western society, there are certain restraints that mean there are more immediate demands at hand that require attention. so, other methods including punishment are used instead of positive reinforcement.

i believe social policy needs to be changed as a result.

according to the model of 'systematic evidence-based preventative social policy' (i think it needs a new name) it is what is proven to be working better than existing methods by means of already existing objective evidence.

in other words, if it works, and it's proven, the idea will be started. but this is not democracy.

currently, law-makers work on the assumption that if they don't get enough votes at the next election, they will lose their power to make laws - and since the easiest way to keep their power is to do whatever the majority says, this is what they have a tendancy to do.

law-makers react to popular opinion, but is popular opinion necessarily more correct or incorrect than evidence-based social policy? i don't know, myself.


thank-you all for your contributions.

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  • Oct 9 2011: Punishment is part of any teaching process and it refers to any stimuli that come immediately after a behavior and so result in the future reduction of that behavior. It can be anything from an electric shock to a simple "No" as long as the effect is the reduction of the behavior. Because it is very difficult to apply correctly (and for some other technical reasons which I won`t specify here but you can read about in most psychology textbooks) is recommended to use it only after you tried reinforcement techniques and failed. Eradicating punishment would not be a very wise thing to do, as you would be eradicating a teaching technique that might be the effective on certain behaviors.

    Punishment is not equal to jail time, and jail is not meant to work as a punishment for the behavior of those locked in, but is a way in which we 'clean up' our society and maintain it`s defined structure running. I have never heard any judge saying 'I `m sentencing you to prison so that in the future you won`t [for example] kill again' but I head this instead "I `m sentencing you to prison so that the families would have some comfort [that their reality is known and working well, and the crime that happened is just an anomaly that we can isolate]'. I agree that jail is overused and is too expensive for what it`s effects are, but eradicating it altogether is not the answer; we do not have all the knowledge to change all behavior and in some cases people need to be locked in some 'safe places' because of our limited knowledge.

    On short, eradicating punishment from the law system or any system is way to radical and not very wise. In some situations punishment might be the only technique that can change a behavior and if our goal was to change that behavior it would be rather foolish from our part not to use it. The main problem, as I see it, is that public policies are not based on evidence, and what should be eradicated is not punishment, but bad public policies making.
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      Oct 9 2011: i disagree that punishment is a part of any teaching process. if it is, then i think it shouldn't be.

      punishment will only prevent unwanted behaviour from happening if the punishment or threat of punishment is going to occur. if they think they can get away with it, quite often, they will try it. once they get away with it, they can then learn that they will only sometimes get the threat of punishment.

      punishment also has other bad side-affects that positive reinforcement simply does not have - from the receiver - anger, resentment, irrational fear, etc. and from the giver - guilt, reinforcing anger, reinforcing resentment, etc.


      when i said in previous post "what i disagree on is that negative reinforcement should be the way to teach," i meant "what i disagree on is that _punishment_ should be the way to teach."


      i agree that punishment is not equal to jail time, but it is the threat of jail that stops an individual from commiting crimes that could lead an individual there. basically, an artificially created fear. at the moment, our society demands that we need to isolate individuals in order for our current society to function properly.

      in the quote "I `m sentencing you to prison so that the families would have some comfort [that their reality is known and working well, and the crime that happened is just an anomaly that we can isolate]' - this is simply reinforcing punishment as an accepted behaviour from the view of the families.

      as i've mentioned before, removing individuals from society is necessary, but in my opinion, jail shouldn't be feared.


      the reason why i chose the word eradicate for removing punishment from the law system is to imply that it would happen over a long period of time, gradually enough so that it wouldn't bring too much shock to the current system as we know it.

      it's simply my belief that positive reinforcement can work in any situation instead of where punishment _seems_ to work - if applied correctly.
  • Oct 9 2011: Unfortunately, education may not stop them re-offending again. A lot of criminals (deliberately) re-offend again because "life is better in prison then it is on the outside."

    You would have to educate non-offenders as well as offenders in order for peace, understanding and acceptance.
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      Oct 9 2011: yes, i agree!

      i believe the way to do this is to remove the idea of punishment from society.

      in a lot of my posts i have mentioned 'negative reinforcement' where i meant to say 'punishment.'

      there are actually 4 methods of reinforcement as mentioned here:
      http://allpsych.com/psychology101/reinforcement.html
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      Oct 9 2011: I agree Lucy...it is important for all of society to be educated regarding this topic.
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    Oct 9 2011: i would say that punishment doesn't have to have a point to have a point. From the point of view of the "receiver" it's just some effect he experiences in response to his actions. Now from the "giver's" perspective punishment is thought to be a tool of control - in a way it is similar to positive reinforcement, by which for instance we tell the man: "do this and this" and when he does what we want, we give him a bit of what he wants. When you addressed the problem by saying "eradicate punishment" - i thought it is an extreme and perhaps little necessary measure. Your later contributions to the idea tell me that in fact your focus was on teaching people. Much of the teaching process is based on positive and negative reinforcement (we call it operational learning) which turns out to be effective at the level of behavior, but ineffective at emotional and intrinsic motivational levels. I thinks we would agree if I say that the best teaching for offenders would be rather similar to personal tutoring and personal development group activities, such as problem based learning, debates, hands-on group projects and so on. Although in prison, they are part of a specific society in which they can practice transferable skills. For many of them this will turn prison into a boarding school. For some, it might be a taken opportunity to manipulate everyone into thinking they're ok to get out sooner so they can steal and kill and rape, as they've been missing it. My point is, apart from teaching them, they need to want to be taught, they have to need to learn, and nothing makes us feel the need for learning more than problems and obstacles happening to us.
  • Oct 9 2011: Aah yes Colleen, that the current system is the most expensive is the deeper truth. One only need lift the veneer to see. I say the 'most expensive' because it 'does not work' to guide offenders clear which in turn would benefit society in the long term. If we got that part right we would close prisons down rather than build new ones. So in terms of our getting value for money, the current 'correctional' system is wasteful in the extreme. If the size of a correctional institution's budget was somehow partially dependent on their ability prevent offender re-offence, I think we'd observe a rapid improvement in efficiency.
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      Oct 9 2011: whilst i agree that a lot of correctional facilities around the globe need more money, without the right guidance on how to spend the money will simply result in little progress being made.

      in the u.s. there is www.coalition4evidence.org that claims to be unaffiliated with any political party.

      in australia there is a relatively lengthy 2009 article on an australian government website www.apsc.gov.au/publications09/evidencebasedpolicy.htm that describes the 'challenge' of evidence-based policy.
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        Oct 9 2011: The Prison in our city has its doors open for volunteers, closed for people who want jobs there, open for inmates who wish to work for the community and closed for inmates who wish to do nothing all day. I was impressed to see the prison as being a rather animated place. Volunteers work for free - they are not taken advantage of - as they only give a little bit of their time to this endeavor - but being so many, they almost cover all the days of the week with accompanying inmates who wish to be involved in self-development and purposeful activities. Yet many inmates just don't want to participate in anything - similar to school-children who don't really wanna be in class at first, they can grow to enjoy it if they're forced to attend anyway in the beginning. I always start by telling them - you're gonna be here weather you like it or not, so why not like it rather than not? And that's the start of our exploration of resources - inside those people and around them.
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      Oct 9 2011: If the expense was proving to provide benefits, that's one thing, but, as you say Ray..."it is wasteful in the extreme". It is getting even worse, because prisons/correctional institutions are now profitable businesses.
      Rarely are they administered by the state or federal government any more. Who is going to be at a loss if offenders are rehabilitated? The profitable business.
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        Oct 9 2011: there should be a way to give an incentive to the correctional business to rehabilitate, otherwise there is an incentive to do the opposite.
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        Oct 9 2011: well being a business, i suppose they would want a money incentive for each individual fully rehabilitated, but in the long-term this would mean eventually they would have very few incoming people to be rehabilitated, so the future of the business would be in jeapordy.

        perhaps if the business was given more money incentives from the government depending on how successful it is, as compared to schools?
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          Oct 9 2011: How about turning all correctional facilities into schools?

          We're running out of time Griffin. We need to solve this in 28 minutes!!!
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        Oct 10 2011: turning all correctional facilitieis into schools? sounds like a good idea to me. i can't fault it.
  • Oct 9 2011: Life has it's own way of punishing those who commit crime. education could be a good way to punish some of these cats..... ;)
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      Oct 9 2011: I agree Stern...
      Education may be a punishment for some of "these cats" in the beginning...and then...they may actually learn something and move beyond the behaviors that are not beneficial to themselves or society.
  • Oct 9 2011: Great topic. In rehabiliting any wayward behaviour, the offer of acceptance, firm guidance (an explantion of pitfalls) and care seems to work far better than straight punishment and banishment. But it is expensive. Yet it is the way an effective parent treats a child. Straight out punishment and banishment leaves both children and criminals able to freely attribute their upset and their sense of isolation to the 'uncaring authority'. This promotes the division. It actively suggests there are benefits to further secretive antisocial behavior. This is not correction. So those who missed out on acceptance, firm guidance and care in childhood regularly fill our prisons where they simply get more or the same. So yes, a logical rendering says the current 'correctional' system cannot work; but it's cheap and easy!. The 'other option' effectively involves 'Re-parenting'. This is expensive and difficult. And since, as with childhood, the benefits of this approach would not bear fruit in the short term (an election cycle), a government leader would need the wisdom, courage and patience of a great parent to suggest it. There will be few votes in it til the pain of the current system becomes unbearable.
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      Oct 9 2011: Ray,
      The present systems are not cheap....$60,000 - $75,000 per inmate per year is not "cheap" in my perception.
      I would like to see correctional facilities become self sustaining "villages", where offenders could learn skills s/he could use when they go back into communities.
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        • Oct 9 2011: Helen, I so agree. Being productive offers every human the opportunity to accrue some dignity in the face of humiliating circumstances but also has so many peripheral benefits to the prisoner and to society as a whole. However, I still maintain that the prisoner must choose to work (see below). If he is forced to work then he very likely will resort to being the same type of trouble maker that landed him in jail in the 1st place.
          All the money, attention, teahing, care and sympathy in the world will not assist someone who does not make a conscious choice to be helped. I believe that honest labor is the greatest cure and when this isn't chosen, the alternative must be so repugnant that work (and all its benefits) become a desired course of action FOR THE PRISONER.
          Freedom to choose is the last dignity we strip from a prisoner and I believe this is wrong and unintelligent. However, the choices must refllect the situation in which the criminal has put himself. Crime not only deserves punishment but, further, it demands it.
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          Oct 9 2011: Helen,
          Probably some of the programs you mention were stopped because they were successful?

          TAB,
          It seems like offenders could be given choices regarding what "work" they could choose while serving time. In this area, working in the gardens at the facility, for example is voluntary for the offenders. The gardens are a very successful project which has been going on for several years. They supply all their own vegetables, as well as contribute food to other non-profit organizations. When I facilitated "cognitive self change" sessions,3 of the men came into the sessions directly from the gardens, and they were in a totally different mind set. They had been out in the sun and fresh air, working in the soil, and producing something that was/is very valuable, and they were more open minded to new ideas regarding their behaviors.
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    Oct 9 2011: One of the things I hear whenever crime and punishment comes up in a conversation is, well no nice way to put it, vengeance. Before we can change the prison system we have to change our bloodthirsty desire to see someone else suffer. We're only a few centuries from public executions and those were a big hit. Burning witches? Bring it on and I'll bring the kids and the picnic.

    Let's be honest, not all of us, but enough, are a bloodthirsty crew.

    Not only that, we have a whole sub-culture of kids wearing clothes that are basically prison garb. Music inspired by prison life. Prison life glamorized in fashion and music.

    Other countries, handle this question with a lot more humanity. Let's look and see how they do it. From what I've read their whole take on the human condition is more of the attitude "We're all in this together". That extends to how they care for their sick and aged. Something we haven't worked out yet. We are still stuck in our tribal mentality as a country, defined as "It's us against them".

    Let's not forget that the prison system for all it flaws employs a lot of people. If anything needs to change about the prison system it's how those people art trained and treated. When people are exposed to brutality for long periods of time, they themselves become unaffected by it, thus becoming part of the problem instead of a potential solution. That's where I'd start to work towards change, all the other points I've made are too big to tackle for the time being.

    Thanks for reading this.
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    Oct 8 2011: Hi again Griffin...good topic...

    I learned a lot while volunteering with the dept. of corrections for 6 years, facilitating various sessions, including "cognitive self change", serving on the reparative board, working with probation and parole and offenders. Our correctional systems are not working. We 're spending money building larger facilities, and I believe we should be using the money and other resourses to teach different behaviors. I totally agree with you Griffin...fear is not a good teacher. The only thing it teaches successfully, is not to get caught. Offenders need to understand themselves...understand the programming that causes them to offend. Approx. 95% of those incarcerated are drug and/or alchohol addicted. A majority of them have been physically/sexually abused as children. There are a lot of wounded people who commit crimes against society, and we, as a society continue to wound them. That doesn't make any sense.

    There are a couple programs, which continue to be successful in dealing with offenders, and integrating them back into society with some new tools, which assist them in becoming more productive members of the community.

    "Real Justice" is a program that needs facilitation, and has been used in correctional facilities, pre and post court, throughout the USA.
    (It was started by some motivated, insightful folks in Australia Griffin!!!)

    Another beneficial book and workshop program is: "Houses of Healing" - A Prisoner's Guide to Inner Power and Freedom - Robin Casarjian.
    The book stands well alone, as a guide for prisoners, administration, families, etc. and there is a workbook that can be used to facilitate workshop sessions with offenders. Both of these books/workbooks are available on line.

    Offenders are generally insecure and lack self confidence. They need to learn skills that will serve them when they are released. If they do not learn new behaviors, the old behaviors dominate, and they land right back in jail.
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      Oct 8 2011: good to hear from you again, Colleen :)

      thanks for referring me to "Real Justice," it holds my interest at the moment, and also the international institute for restorative practices:

      http://www.iirp.edu/

      i will do some research on IIRP.
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      Oct 9 2011: from my research into the IIRP and the 'real justice' system - unsurprisingly i found that the general premise behind the idea here is not new.

      there was a re-birth of the popularity of the movement for evidence-based, preventive social policy in 2009 in australia (and world-wide?) but not much in the way of information regarding the topic since then has occurred, although...

      systematic review models are around such as www.campbellcollaboration.org .

      currently the campbell collaboration is looking for people to do an investigation into the effectiveness of sentencing and corrections.
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    Oct 8 2011: punishment is just another name for negative reinforcement. throw your hand in the fire, yes, it teaches you never to play with it that way again. prison as any life experience teaches people. helping them integrate such experience and use it constructively - that can be even better than having a crazy killer on the loose hoping he would take notes from your speech about what you think is right and wrong.
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      Oct 8 2011: i disagree - punishment isn't always referred to as negative reinforcement, as there can be pointless punishment.

      i don't disagree that negative reinforcement teaches people. what i disagree on is that negative reinforcement should be the way to teach. although it may be harder to teach someone that putting a hand in a fire will burn the hand, in a positive way instead of negative, i still believe it is a better way.

      as i've said before - i agree that some people need to be removed from society in order to learn. the idea hasn't been completely shaped yet, and since the original idea has been proposed, parts of the idea, including not 'simply casting away our own species into seclusion' has been modified.
      • Oct 9 2011: Punishment is NEVER another name for negative reinforcement! Punishment and reinforcement are very different things: while the first decreases a behavior the other increases a behavior. Punishment or reinforcement are not pointless, but the behavior modification you are aiming at can be judged as pointless or not.

        The best way to teach implies the best choices between positive and negative reinforcement, and positive and negative punishment. These choices depend on many factors - like the topography of the behavior, the urgency of the behavior change, the resources available and so on.

        Prison was never meant to be a place where society puts its outcasts in order for them to learn its rules. Prison is just a place where society puts those that do not follow its rules so that it can maintain its structure. It is a very easy solution on the short term but ends up very costly and ineffective on the long run, and I think here lays the problem: we don`t need to lock people up if we have the knowledge we need in order to change their behaviors, but we need a place where we can control those that are a threat to us and for which no known behavior modification technique works.
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    Oct 8 2011: Lets assume that all humans believe that rape, murder etc are wrong. If you can bring a population that believes this then hey I say go ahead and use education and therapy as a tool for misdeeds but.....

    There is no such population. You can not point to one group of humans who do not commit severe crimes that could have been stopped by education because I don't know one group or population that teaches their children to rape and murder. So if it's not taught where does it come from? Human beings are very complex and therapy is ...not.

    By the way, how many of your relatives have been rape? Or murdered?
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      Oct 8 2011: Every crime tells us something about what we've been doing wrong (if we gave it a thought).
      Here I can put an elaborate list of what this can be and every individual case will be differ from another by the combination of causes.
      A list like that would show that many things we cannot change overnight but just being aware makes it possible to change our society and our thinking bit by bit in the right direction.
      New generations would be more healthy and less criminal.

      Just punishing is what we call pouring more oil on the fire. We need to get smarter.
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      Oct 8 2011: Miscommunication is our problem :) people who commit crimes have had improper programming...they have not learned specific lessons that they must learn in order to make these rational decisions...or at least they have not learned the value as such things... like a life... they have not learned that a life is worth more than their simple desires and pleasure.... nobody really knows the true value of a life... because we are not aware of a way to quantify it... so how could we teach it if nobody knows it them self?
  • Oct 8 2011: Let's take an alternative look at the problem. Recidivism rates are high. Criminals are not currently deterred by our systems in the Western world. Prison costs are a huge burden on society as is the cost of crime itself. Political correctedness has run rampant in many areas of society and is not assisting in the betterment or simplification of the world we live in therefore, it is adding to the complexities (and, therefore costs) of life.
    Crime should be punished. Once criminals have shown that they have a true desire to contribute to rather than detract from society then they should wholeheartedly be welcomed back into society albeit on a trial basis.
    Therefore, I suggest a Justice System that, instead of being a financial burden on society and keeping our criminals in a holding pen until their release date or until the overcrowding forces a 'rethink' of the severity of their crime, assists criminals to truly PAY for their crime. The prison system should be an asset to government and not a cost.
    When a criminal commits a crime, he makes his last free choice since a crime results in the loss of rights one of which is freedom. I maintain that a he should have one final choice: Do I wish to pay for my crime or suffer serious punishment? If he chooses to pay for the crime then he should be put to work for the government that has a multitude of taxpayer funded jobs (street cleaning, road building, etc) that could easily be done by unskilled labor. If the criminal chooses NOT to pay for his crime then society should choose to afford the criminal subsistence living: basically bread/vegetables and water and a spartan cage. Period. I do not suggest affecting health, only comfort.
    However, for our working criminals, a good 10 hour workday (with subsistence pay for their someday release), exhaustive work (so as to lessen prison violence) and dignity through productive contribution to society.
    Positive results for society & the criminal. People change when habits change.
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      Oct 8 2011: The problem I see your idea running into is that, by having criminals doing work for the government, it'll take jobs off the market.
      However, I do agree with you that the prison system shouldn't be something that completely hinders us.
      • Oct 8 2011: Remember, we are still paying for the unproductive prisoners in jail today and many of them in rather comfortable settings that we, taxpayers, are footing the bill for.

        Also, I am assuming that this system is a deterrent to crime in the long run so the job market would not be adversely affected except for the fact that we would have fewer citizens in jail and more in society...hopefully being productive rather than non-productive. Isn't this what we are all hoping for in this discussion?
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      Oct 8 2011: So what would be the cost of the rape and murder of a say 12 year old boy? Do you have a number? Just curious!
      • Oct 8 2011: Alystar, I think you've misinterpreted my thinking. Not for one second am I trying to put a specific value on any crime. I am simply saying that the sentence given to EVERY criminal should be served productively through work or non-productively in the most spartan of conditions thereby reducing the financial impact of our prison system on the taxpayer as well as acting as a strong deterrent to criminal behavior.

        Unfortunately, we will always have crime and criminals but we don't always have to pay for them.

        Further to my post earler, I don't see prisoners deemed mentally incapacitated as serving hard time or working (other than those jobs that may ( I emphasize "may" suit them) nor do I see the aged or infirm. They could assume the less arduous duties around the prison complex (laundry, yard maintenance, light gardening, etc.) currently done by too many healthy bodies.
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    Oct 8 2011: Well see ... the problem is not with punishment because punishment is meant to teach that something is wrong... teaching in its simplest form... through association... because that is how we learn... it is meant to associate these bad actions that people do with a place or action that people know as negative... though the punishment itself does not always fit because not everyone sees the same things as being negative... though i do agree with the fact that humans do not stop learning and people that do things in reaction to these "elements" as you call them...that lead up to specific events... people fail to make rational decisions based on a variety of elements... these elements relate to how they have interpreted the experiences of their life... what they have learned or... taken away from these experiences... those who commit crimes often do not learn certain basic lessons that are meant to be taught...( also to add onto the beginning part of what I said "punishment is meant to teach a lesson" I do also believe that there are other ways in which a lesson may be taught... some of which may be more effective and I believe that is possibly more so what you are trying to get at)
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      Oct 8 2011: yes i am indeed trying to teach positive reinforcement instead of negative reinforcement.
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        Oct 8 2011: After i posted about this last night i continued to think about it as i went to sleep... and i was thinking about how society could be better off if we all were raised the exact same way because that (besides from finding a way to link our thoughts) is the only way i can think of to eliminate the clarity issues.... but then this would mean we would all lose ...basically our personalities because i believe that they are a result of all of these factors of life...so its kind of (at least at the moment) and unavoidable issue : maybe thats why it hasn't been solved yet...
  • Oct 8 2011: Decriminalize drugs.
    Incentivise sustainability,
    Start THE FINAL WAR ON POVERTY
    Heal the sick.

    Prisons will become obsolete software.
  • Oct 7 2011: For people who commit crimes, well, ahh, okay. For right now I won't include almost 100% of all politicians, corporate leaders, heads of government, police departments, three letter acronym agencies, bankers, wall street crimin....oops, brokers (who made us all broke), etc. Just your average normal decent criminal. For them that have trouble dealing with the thinking that precedes a crime they need to be educated on changing their behavior before changing their thinking. Your brain can only go where you go and if your behavior changes your brain/mind has to go too. Then, ones thinking will observe what happens, or, what doesn't happen (jail), and will change too. But only if there begins to be some life benefit to this change in behavior. If you become honest and no one hires you because you're a criminal, then the thinking will have lots of leverage once again. But, next, or perhaps step .5 instead of step 1, they need to be able to spot or recognize that thinking. If they can't do this, they can't make the change. I know many people like this. Get out of prison, get a gun, put it into someone's face and go to back to prison. Repeating this for almost 30 years. They didn't know any better. Their mom and dad were criminals. So too were their siblings. And their aunts, uncles, and grandparents. They were raised to do this! And one day, they grasped changing their behavior, trying it, and it worked. They haven't been back for 30 years now.

    People on the outside need the education as well, if not more. They think, "I'm well-adjusted and criminals are not." Someone said, "It is not a measure of mental health to be well-adjusted to a profoundly sick society." Those well-adjusted are the sickest. It is their very society that has bred crime, and condones it in those who also sound, look and seemingly behave sanely. But, we know too much now. Too many have been caught, found out and they are our most prominent looking members of our crime-family. Start at the top.
  • Oct 7 2011: Punishment for the sake of vengeance and retribution is wrong.
    Punishment for the sake of deterrence and disincentive is necessary.

    The Legal System should be focused around teaching, of course, but it must also deter crime.
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      Oct 7 2011: why is punishment for the sake of deterrence and disincentive necessary?

      if there was a way to deter bad things from happening without negative reinforcement, then that is the general premise of this idea.
      • Oct 7 2011: If there was a way to deter bad things from happening without a negative reinforcement, that would be ideal. I don't know how that could happen though.
      • Oct 7 2011: I think I misunderstood your original premise. I agree with you, apologies. I had the wrong idea of what is considered "negative" reinforcement, haha. My bad.
  • Oct 6 2011: It really depends on the severity of the crime. If one commits a murder crime, as compared to another individual stealing food from a store, is it to say both individuals can get away from punishment despite difference in severity of crime? Would this law practice encourage more potential crime committers? What if the theft is done under peer pressure and there is no intention to steal? Also, each culture has different tolerance level to the kind of punishment. Like for example, possession of drugs will warrant a death sentence in some countries but in others the punishment would not be so heavy especially when possession of drugs is legal in certain states. In certain countries, punishment is seen as an effective way to deter potential crimes from happening.

    Crimes are committed under different circumstances, some could be a moment of impulse, folly, foolishness, peer pressure, desperation, etc...It might be useful to understand the motivation behind the crime before deciding whether to mete out any punishment and what to mete out. Some commit crimes because they are ignorant and do not know the consequences. In these cases, teaching them might make them change. At the end of the day, no matter how good one can teach these people , it is up to the individual to be receptive and willing to mend his ways. People learn mistakes in different ways. Some learn through the hard way, like being sent to bars and "forced" to reflect over the deeds committed. Some, especially for those who commit crimes in a moment of folly, impulse might be able to mend their ways through guidance and teaching. There are so many factors that affect the individual's ability and willingness to change for the better like...the family environment and support, their own resolution, etc...To solve the problem, it might be worthwhile finding out the root cause and motivation behind the crimes before deciding whats the best solution for the individual...
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      Oct 6 2011: the idea here is to remove some negative reinforcement behaviour from society.

      "If one commits a murder crime, as compared to another individual stealing food from a store, is it to say both individuals can get away from punishment despite difference in severity of crime?"

      interesting question. for the sake of argument, i will say yes, but it means each individual would be treated differently in the method of learning they would undertake, or help they would receive. as Christophe Cop mentioned in a post under this topic, perhaps the people do indeed need to be helped in an enclosed environment - but i suppose this defeats the purpose of the idea.

      in a documentary called "Louis Theroux: Behind Bars" it shows that close to a third of the inmates actually prefer to be in the correctional facilities than in what i will refer to as relative 'popular society.' in fact a lot of these individuals will commit a crime again once they're out, just so they can go back to what's familiar.

      i think this is actually something wrong with current society/law itself, and with this idea is how i intend to try to improve the problem.


      "Would this law practice encourage more potential crime committers?"

      yes, if the general populous of society hasn't learnt why crimes shouldn't be committed, or hasn't learnt how to deal with their crime 'habit' - using the term habit loosely. it would be important to introduce this idea over a large amount of time, to slowly remove the idea of punishment from society until it is 'eradicated' in a sense.


      "Some learn through the hard way, like being sent to bars and "forced" to reflect over the deeds committed."

      yes, and i honestly don't believe this method works for everyone, although it may for some - but even for those that it _seems_ to work for, positive reinforcement will always work better without many (or any) of the consequences of negative reinforcement.


      i agree with your last sentence whole-heartedly.
      • Oct 8 2011: LET us say that your child is 6 and is raped . Under your theory you treat them like the Catholic CHURCH BY MY WAY OF THINKING THEY GO SOMEWHERE WHERE THEY CAN NOT HURT Another child. sorry about the caps I am not a great typist
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          Oct 8 2011: in your example, i don't disagree that they shouldn't be moved away from being able to harm anyone, in reality, or in theory of the idea. they should, however, be taught how and why they shouldn't do it again.

          what i disagree with, is the negative reinforcement imposed upon the court system inciting fear upon the public.

          with this idea is how i propose to change that.

          the idea isn't perfect, but i think it's a start.
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          Oct 8 2011: i should note, however, that the idea has been shaped due to the feedback i've received, so the original idea described in the original topic has been changed.
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          Oct 8 2011: My honest opinion is that there is no need to try to teach a person that has committed this level of crime.

          Something like that is beyond redemption & should be removed from society by as many degrees as possible!
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          Oct 9 2011: Borrah,
          The reason I would like to teach offenders something different, is so that I and other members of society do not have to live in fear when they are released. There is no mechanism to keep the majority of offenders in jail forever, unless it is a most severe crime. Most of them ARE going to come into society again. Would you prefer them to come back as they were before, without education? Or would you prefer them to come into society with education and possibly some different life skills?
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    Oct 6 2011: First thing needed to be done is an overall reform of law / judiciary system.
    It itself is prisoner of " Money &/ Power".
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      Oct 6 2011: need to start somewhere ;)
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        Oct 7 2011: Agree.
        That's a good starting point to start with really as now poor & or powerless only getting that.
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    Oct 6 2011: I am involved in funding classes offered in a local prison taught by professors from the community college. I was lucky to attend the graduation of 2 inmates who now have a 2-year degree and will be able to continue on at college. While I agree that this will not affect everyone, how great it is to see some prisoners strive to better themselves and that they are able to get support to do so. Oh, and one of the teachers said his favorite class is the one he teaches at the prison - that the students there really "want" to learn. There is no substitute for education.
  • Oct 6 2011: Wow, did not know that! You have an excellent idea, tho it seems, your hands are full with the kinks? With Respect to ya!
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    Oct 5 2011: Some people need to be removed from society.
    you don't need to see that as a punishment. Those people can learn to adapt to society while staying isolated.

    Maybe you can also look into the psychology of negative reinforcements and the effects of punishment as a form of conditioning and learning behavior.

    Your general point is way too naive and does not relate to reality.
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      Oct 6 2011: according to the late Burrhus Frederick Skinner, a high influence on reinforcement behaviour analysis, positive reinforcement has a much more lasting affect than negative reinforcement, and also without detrimental affects.

      in the u.s., jails are referred to as 'correctional facilities' yet in courts up until this day people are made examples of in order to bring fear (or negative reinforcement) upon the public so that they will not commit the same crime.

      i agree that the idea needs to be shaped some more.
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    Oct 5 2011: i think that since i dropped my link in this conversation - http://www.ted.com/conversations/6067/morality_is_better_informed_by.html - that it would only be fair to link to it here, too.

    the subject is relevant, as it describes the argument 'morality is better informed by science than it is by religion.'
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    Oct 5 2011: Ok, now come on you two i can feel a crime coming on. Perhaps the crimes are not in your words but in your passions.
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    Oct 5 2011: I love your idea; i saw a documentary on someone who was looking for a 'humane' way to kill people in the justice system and it was rejected. He provided a sleep gas that would render someone unconscious then dead, but was rejected because and i quote from memory 'the purpose is punishment'.

    The justice system has to have people take its word on that ('that' being - using killing as a means of punishment) for it to exist as a place of power.

    because justice is humanitys way of expressing adaptability or making people change their behavior for the benefit of all.

    so this is why i agree that teaching people instead of punishing them is a good way to adapt behavior, giving people the chance and opportunity to evolve and live their life instead of being 'proven guilty and punished for it'.

    they could be 'proven responsible and taught directly, with them having a choice to be killed in a humane way if they didn't wish to continue.'
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      Oct 5 2011: i agree, but being proven responsible and taught directly is not enough - especially if society's impact on the individual led up to the crime itself.

      we, as a society, could learn from the individual on trial themselves and learn as to why the crime occurred and attempt to prevent the same crime from occurring again.
  • Oct 5 2011: Wow and oh wow!
    You are tough! So many big words. So many big thoughts.
    Mr. Tucker, good luck to you! ( I mean it, with all my heart) Oh, p.s.,,, what does "allocations" mean??
    With Respect to Ya!! :) !!!
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      Oct 5 2011: basically i mean i would test the idea with volunteers, then re-arrange the money that is being spent on one area for another.

      for example - instead of spending money on jails, spend it on this idea, since there would be less people in jail, the jails wouldn't need as much money.

      unfortunately this raises other problems such as the literal business sense of jails - just as "Random Chance" said in another post in this thread, jails are now traded on the stock market - which means their investors will be concerned, so, the jails/jail companies will have to be developed to better suit the idea (which i still believe is possible with a trial.)
  • Oct 5 2011: It is a WONDERFUL idea!
    I am just saying?
    Wonderful ideas cost money.
    I actually, am on the side of your idea! (just playin' devil's advocate) With Respect to ya!!
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      Oct 5 2011: my apologies, i mis-read the meaning behind your words.

      i suppose if i were to try to put the idea into action, to fund it, i would re-arrange current allocations of money that would no longer require funding due to the course of the idea's premise _after_ a successful trial has been thouroughly tested.

      to fund the trial would most likely require volunteer payments, until a time that it becomes more feasible, and then tax-payer money could pay for extended trials and eventual implementation - that is, if the trials are successful.
  • Oct 4 2011: I think it is important to realize that some those who commit crime sometimes do not think rationally. Take terrorist organizations for example. Terrorists have evolved out of fear of globalization. I think they might have overreacted a little bit. in fact most people think that strapping a bomb to a small child is a poor idea. The kind of person who does something like that is incapable of thinking morally no matter the psychological help they might receive. The only thing that everyone understands is fear, whether they choose to admit it or not. While in some cases I believe teaching criminals might be effective, it is fair to assume that an irrational sociopath might not pick up the message so quickly.
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      Oct 5 2011: very true, even the rich and powerful have a fear of unplanned change, too.
  • Oct 4 2011: Yes, Mr. Tucker, that is the question to you.
    THE funding? The money?
    (aww man, i forgot, we not care about funding and debt.)
    I love your ideas!
    It is not realistic.
    Mr. Tucker, do you really think, a human, can pull this idea off?
    Humans are idiots, get over it and get used to it.
    With Respect To Ya!
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      Oct 4 2011: as i said before, the funding isn't an issue yet. no point throwing money at an idea if hasn't been shaped to an ideal level.

      you're right, perhaps i am a little too idealistic, but that's the way i am.
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    Oct 4 2011: Education is most likely to have positive effects if the brain being educated is healthy. I suspect that most crime results from brain injuries and sicknesses. Brain scans can help diagnose brain problems and show which treatements are effective at making brains more healthy. As we learn more about the brain, nueropsychology may become our best tool for eliminating crime and freeing would be perpetrators from their brain defects to live happy and productive lives.
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      Oct 4 2011: the brain is indeed important - but there are many aspects to the idea that play a role in future society.

      on a lighter note - http://www.youtube.com/watch?v=JB7jSFeVz1U
    • Oct 4 2011: In America today most crime comes from laws, not mental illness or brain injuries. America is the most legislated country in the western world, so if this trend continues those of you posting here will someday be a criminal. That is if you haven't already broken some laws as it is, though you may not have been caught, suspected or found out. Or perhaps you just justified your actions. America has imprisoned over 1 million people. That is ludicrous and wrong. Prisons are now privatized and traded on Wall Street. Something is not only very wrong here but it is extremely sinister. Laws don't solve problems and neither do lawmakers, politicians or courts.Those are irrelevant to our lives. That's because it is the system that is wrong, not the people.

      Environment plays the biggest role in this along with money. In the environments we have created, too many people are not getting their needs met but they still have to survive. Nothing wrong there. Not even in the way they go about it. The reason only one or two get out of poverty at a time, is because there is only room for one or two at a time.

      Studies have shown that close to 100% of all crime in the world is directly connected to money. This is the biggest culprit and cause of crime, from those trapped in poverty and those who seem, look and claim to be of the moral high ground. The wealthy, the powerful, etc. Why in hell do you think they choose that? They have the laws on their side and they control everything around those laws. That is what people need to get real about.
      Crime also comes from poverty or more accurately the need to survive against a system that makes one a crimimal for trying to do so. It is the system that is wrong not the people.
      As far as money goes, "things don't get done because of money. Things don't get done, because of money!"
      It is people who get things done, not politicians, bankers, or government. They feed off of the people and create problems for profit. Change that and people behave
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        Oct 4 2011: i'm trying to sound as uncondescending as i can here, but, sounds to me like someone's been watching zeitgeist movies.

        yes, laws come from crime, that's why they're there.

        i simply disagree that laws, lawmakers, politicians, or courts don't solve problems. were they not there, i believe problems would be ten-fold. if they are irrelevant to some of our lives, it would most likely be because they're working.

        it's very easy to blame money itself as being evil or wrong, but money itself is just a tool.

        studies may well have indeed shown that close to 100% of all crime is indirectly connected to money, i don't dispute that, but i dispute that it was the cause of all these crimes. to me it sounds like a warped statistic.

        as for living in a country that is better off than another - this is relative.

        were all people in the world to share every bit of wealth equally, we would all be living on less than $500 (US) per year worth of wealth (as of 2010). this doesn't equate to much. in fact, i don't think there would be any room for any innovation or technology advancements because we'd _all_ be fighting over money, instead of just the poor who are at the moment.

        now, if you still feel as though you have to do some something about living in a country that is better off than another, or feel guilty about it, i suggest you move to that other country.

        as for the zeitgest ideal, i still haven't read anything close to a transition that sounds feasible.
        • Oct 5 2011: Why would you sound condescending? There are many fine points in the Zeitgeist movies and movement and frankly, people need to learn to think very differently. They need to imagine a new, the new, without the old. Many or perhaps even most, cannot or will not do this. If you are refraining from the comfort of your condescenion then I take it you don't put much into what they say or are working toward achieving? The world is going to affect people like you very greatly. Are you currently part of or going to be part of, the ruling elite? Or the financial elite? If not, then chances are you will suffer greatly as you squirm with billions of others in the muck that those two groups will put you into. It is comforting to me to know that at least the world will not be asking for your blessing and whether or not "any transition" sounds feasible to you and should we go ahead? Again, with your blessing. Nor will I be asked. But, will you in 15-20 or 25 years have even a modicum of freedom to be able to make the kinds of changes then that will work for everyone? Chances are you will not, again judging by the current trends.
          As you stated laws are made because of crime but they don't solve the problem and more than ever before in human history, we all need these programs solved, not bandaged, cosmetically covered or fixed because the system cannot be fixed. Something new has to replace it and you will be part of it or not, depending upon the degree you can separate yourself from your ego, your artificial intelligence and your robotic mentality. And I don't mean just you. We are all being made artificially intelligent. Our problems already are "ten-fold" and it isn't because of me or crime. It is because our politicians, leaders, corporations and religions have failed us because THAT IS WHAT IS IN PLACE AND HAS BEEN FOR TOO LONG!
          It is because of money which you so cavalierly dismiss as a tool, and you miss that it is the tool that has been used to create the mess we are in.
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        Oct 5 2011: i don't find comfort in making condescending remarks, so for the benefit of keeping this conversation constructive i'll assume you didn't take my remarks as condescending.

        what i mean is to say there has been little progress by way of a 'transition phase' other than to mention dooms-day type of scenarios. if you have any new literature on _how_ the transition phase will occur for the zeitgeist movement, or any at all, please refer me to it - i would honestly be interested in reading it.

        i disagree that the current system can't be bandaged or patched as we progress. i believe _any_ system that we live in would have to be patched as we progress. whether or not the system is replaced by the zeitgeist ideal will still result in the system having flaws. no system is perfect.

        it's good that the zeitgeist movement brings some important points to the table, but if i were to take a scientist's view-point and question the ideal, then i would find that not all aspects of the ideal are feasible to obtain _with_ a transition. it's like going from (a) to (c), and skipping (b).
        • Oct 7 2011: If you go to the Venus Project online, they have material you could look at and peruse at your convenience. And files you can download, CD's to see, purchase and share.They have been working on these kinds of ideas for decades and can certainly speak to them more adeptly than I. You are correct when you say any new system will have flaws. However, there does seem to be a certain inertia on the part of many people from the standpoint of: if one is not able to answer all questions for the future, now, and, if a new idea doesn't perfectly do that, then forget it. That is a very common attitude if they even care at all! At least that is what I run into with most people I speak with face-to-face. Some of those people are like me. Going to die very soon, yet somehow they sorta think that all you younger folk, in 20 years will ask for our input as to whether or not going forward is a good idea. It's frustrating. Again, think differently. Don't get caught up in a "a-to-b-to-c" because it could very well work out that "b" does need to be skipped or put somewhere else. This a trap, even though "b" may need to be where "b" goes. That will be found out and adjustments made. I worked for 24 years with ex-felons on trying to put their lives back together. Many, if not most were what is known as being "institutionalized" by the prison system. Some went back to hard time on the very day they were released. The point I am heading to right now is that through them I was able to see just how badly "institutionalized" the people on the outside (the average public citizen) are. Thus, they have to learn how to see, think and act very differently as well. This isn't about good vs bad. Those on the outside are just as responsible as those who commit crimes. Sorry if no one likes that but until humans really address the causes (honesty about their beliefs, systems, institutions, schools, training, etc) they don't seem, to me anyway, to really be serious about bringing about real change.
        • Oct 8 2011: Sir money is a tool because we created it for a purpose. Though there is a much better way of understanding of what money realy is. Lets see a virtual unit that can be transformed into physical mass of any shape but the mass is equally proportional to the amount of the virtual units that created it. Hmm.... kind of like that one thing called energy, maybe? The more we create the less it becomes its amazing how it seems to conserve itself, almost as if it was following some "law".

          We are just following a course that has already been laid before us, different levels of complexity, same rules, recognizing the patterns and adjusting accordingly is how we will get of our pretty lil rock called Earth.
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        Oct 8 2011: i tried to find as much new research on _how_ the transition phase will occur since i last read up on it, and didn't find much, although the wikipedia article has been updated as seen here:

        http://en.wikipedia.org/wiki/The_Venus_Project

        the wikipedia article is highly debated, as well as any google search, so it's hard to find any unbiased source of information about the venus project.

        much like any religious debate between an atheist and a theist, the standpoint from both sides is to think along the lines of trying to get the other to see from their own point of view. in other words, this debate could go on forever, as it's a clash of beliefs, not a constructional debate.
      • Oct 8 2011: The Mafia , and other gangs are responsible for many crimes and they do indeed involve money but not the need for it but the power that comes with it my friend. I actually work with prisoners and some are just too sick to try and heal