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Brian A. Kinnaird, Ph.

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He is a former Kansas law enforcement officer and current police chaplain. Understanding your children's talents using Piaget's child development theory. Some people were meant to call ; others were meant to be Old school to new school, it's the "pop" in culture that validates and affirms. Back Psychology Today. Back Find a Therapist. Back Get Help.


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Back Magazine. Subscribe Issue Archive. Back Today. What Makes a Child Shy? Kinnaird Ph. Conflict Criminal Justice Crime permeates our social fabric. From the anecdotal to empirical, a survey of evidence suggests the system is broken and that there is no general consensus on how to fix it: The causes and correlates of crime started with God-given rational choice and free will. Punishment was to be swift, severe, and certain. Law enforcement systems are typically public order advocates while the courts and judicial process systems advocate for due process.

This includes theories and applications of incapacitation, deterrence, punishment, rehabilitation, and reintegration; Lady Justice is depicted as blindfolded and holding balanced scales. Is justice blind? Are the scales balanced? If you place public order and due process in each scale, one is going to be heavier than the other and constantly tipping back and forth; The existing, fragmented criminal justice system sets atop sociological pillars which helped to create it.

Crime Victims and the Right to Punishment

Operative words: social control , organized society , rule of law ; Crime and justice is propaganda. Together, they are called the United States Congress. All rights reserved. References Eiseley, L. Merriam-Webster Dictionary New Edition Comment Post Comment Your name. E-mail The content of this field is kept private and will not be shown publicly. Notify me when new comments are posted. All comments.


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Replies to my comment. Leave this field blank. Students were more affluent and could afford alcohol and drugs. Marijuana and assorted psychedelic substances became fashionable.

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College and university administrations looked the other way when it came to student comportment. Predictably, the hookup culture was born and casual sex became the norm. Now they could be, with far less risk of the biggest complication: unwanted pregnancies. Young males and females, in their most sexually active years, were gathered together on campuses dedicated to their every need, with little adult supervision and sufficient resources to supply themselves with drink, drugs, and all the pornographic images they desired.

Under such circumstances, is it any wonder that sexual abuses occur? As Krakauer concedes, sexual assault is no more common in Missoula, Montana, than in any other city its size. Well, that depends on the meaning of rape. In Montana, the rape statute is fairly straightforward. It is usually reserved for circumstances involving threats to public health, such as the marketing of adulterated foods, and is strongly disfavored in ordinary criminal cases.

The perceptions of the accused were vital in the Missoula incidents. In one of the episodes, the woman consented to digital penetration before the defendant attempted to have intercourse with her while she was asleep. In another, she invited the young man to her room, watched a movie with him from her bed, allowed him to remove her shirt, rolled on top of him and ground her hips into his. He then held her down over her protests, flipped her onto her stomach and penetrated her from behind.

In the second, the case went to trial and a jury of seven women and five men acquitted. Washburn made her intent clear to him. The victims in both of these cases were, according to Krakauer, traumatized by the events. But the young men, who must have been terrified, given the stakes for them and their families, get no sympathy from Krakauer.

Nor does he respect those who supported them. When the woman prosecutor took the unusual step of testifying on behalf of one of the accused males at a university hearing, Krakauer accused her of misstating the facts and violating state law by failing to consult with the putative victim.

As far as we know, the young men in the Missoula cases were ordinary college students with unblemished criminal records. Yet, under Montana law, they faced extreme potential punishments. True, prosecutors will often make plea offers which sharply reduce the punishments. Once convicted of a sex crime, a released defendant may be put on a sex-offender registry with all sorts of collateral restrictions.

He may be forbidden from living within a certain distance of schools and childcare centers, from moving to another state without notifying the authorities, even from acquiring legal custody of his own child. His name may be posted on the Internet, leading to loss of employment opportunities and shunning by members of his community. Krakauer may believe that nonviolent sex crimes deserve this level of punishment, but most Americans seem to disagree.

In the typical campus sexual-assault situation, the parties are drinking or doing drugs. One study ventures a conservative estimate that 50 percent of sexual assaults against college women involve the use of alcohol or drugs by the perpetrator, the victim, or both. Other studies put the figure closer to 75 percent.

The intoxicants, which undoubtedly work more aggressively on females, not only reduce inhibitions; they also cloud judgments and sometimes render subjects unconscious. Despite the prevalence of intoxicants in college sex incidents, considerable uncertainty exists about their role in sexual-assault law.

Should it matter whether the intoxication was voluntary or involuntary, the latter involving the unwitting ingestion of the substance? Given the large number of campus cases involving intoxicants, these are vital questions for criminal responsibility. The laws on these issues vary from state to state, and they often remain unresolved or unclear. The Montana statute illustrates the uncertainties. The statute does not provide answers.

However the meaning of the law gets resolved, one thing is clear: criminal responsibility under the statute exposes the accused to some of the severest sentences in the corpus of Montana law, and similar exposure exists in numerous other states.

Retributive Justice

This puts hundreds of otherwise law-abiding young college men at risk of devastating felony records. The only thing standing in the way of such a ruinous consequence is the reluctance of juries to convict. In addition to the potentially harsh sentences, there may be other reasons for the failure to pursue these cases. The complainants may not be believable, especially if they were intoxicated at the time of the alleged event.

Also, juries might consider the females culpable or the accused less culpable because these women put themselves in a bad position. K rakauer has a good point when he suggests that college administrators may pressure campus and local police into refusing to prosecute for fear of tarnishing the image of the college. And Missoula has done a service by addressing an important public question in a compelling way.

Unfortunately, it misses half the issue. Providing extreme punishments for young men who are not criminals in the ordinary sense of the word does not help their victims and would be—were they imposed—ruinous for these young men. Better options exist. Colleges and universities often handle these cases themselves. Their procedures have been criticized for ignoring the rights of the accused. Krakauer is indifferent to this charge.

What is RETRIBUTIVE JUSTICE? What does RETRIBUTIVE JUSTICE mean? RETRIBUTIVE JUSTICE meaning

University proceedings are flawed in two other respects. Indeed, they facilitate prosecution, because the evidence used in the hearings—including any statements made by the accused—may be used against him. He may be providing incriminating statements for subsequent use by prosecutors, but the universities need not and do not warn him of the risks. In fact, they do everything they can to pressure him to confess. Second, college and university proceedings do nothing for the accuser.

A better alternative would be for the colleges to provide professional counseling for students, male or female, who claim that they were sexually assaulted, and for the criminal-justice system to divert these cases to victim-offender mediation programs, a form of restorative justice.

Professional counseling would help the victim cope with her trauma and refocus on her academic work, and it could be provided faster and more anonymously than campus misconduct hearings, to say nothing of criminal prosecution. Some will consider restorative justice to be a wrist-slap for serious crimes, but the current system forces police and prosecutors to choose between draconian punishment or none at all. For nonviolent cases, and especially where the complainant might be seen as bearing some of the blame, or perhaps not offering an entirely credible account, restorative justice offers a valuable alternative.