Crime as a Major Social Vice in any Society - Book Report/Review Example

Thinking about crime: Sense and sensibility in American Penal Culture Introduction Crime is a major social vice in any society. Increasing crime rate in a society is a sign of ineffective policies that govern crime mitigation. In his book, Michael Tonry discusses the nature of crime mitigation policies in the United States. He observes that the mechanisms adopted by the American lawmakers are ineffective thus unable to provide a functional redress to the increasing crime rate in the country. The American political elite continue to grapple with the dynamic trends in crime. In their lack of understanding, they develop systematically punitive policies most of which continue to increase the prison populations in the country without providing effective mitigation to the cases of crime. He observes that the rate of incarceration in the country has increased from 110 prisoners to every 100,000 people in 1990 to 700 prisoners to 100,000 people in 2002. Tonry explains that a growing population of prisoners in the country does not actually imply an increasing crime rate in the society. Instead, the statistic portrays an increase in the formulation and implementation of punitive laws against crime without considering the social and economic ramification of such laws. The politician mandated with making laws do so in order to gain political mileage thus growing their careers without necessarily engaging appropriate stakeholders in order to formulate laws that will reform the society. Additionally, Tonry explains that the lawmakers’ fixation on sentencing criminals does not represent the demands of the public. The laws in the country continue to make sentencing of criminals easier without considering the other possible effects of such acts in reforming the criminal thus making the society safer for Americans (Tonry, 2011). Evaluation of theses In his book, Michael Tonry appeals to the law and policy makers in the country to change their approach to tackling crime. He explains that the current approach to crime is wrong since it does not address the demographic factors that affect the safety of the society. His analysis of the society is indeed factual. The government has often complained of the rising cost of maintaining local prisons among other correctional facilities. This implies that the government appreciates the rising number of prisoners that does not always necessarily portray the rising crime rate in the society. Additionally, just as the name suggests prisons in the country are correctional facilities. The increase in the number of prisoners coupled with the fact most of such prisoners are not always first timers continue to depict the failing nature of the existing laws. Tonry describes some of the law and policies as results of knee jerk rhetoric and moral panic. Such is an actual assessment of the numerous laws existing in the country today some of which contradict others, lack of coherence in the laws result in a society with burgeoning laws each of which address a unique crime at a time. The lawmakers contend in keeping criminals away from the rest of the public. As such, the laws make it increasingly easier for the imprisonment of suspects in the country without providing effective ways of evaluating a crime (Neubauer, 2011). The lawmakers portray the American public as people who are willing to keep both crime and criminals at bay irrespective if the cost. Such is an unrealistic approach to crime. The process of making laws must be conclusive and result in laws that can serve the country to posterity. This implies that the lawmakers should consult various stakeholders in the society thereby develop appropriate laws. This requires effective observation of the prevailing crime patterns in the society thereby developing laws that address the specific prevailing crime features. Tonry observes that the number of young black men who are either in prison or under supervision of the criminal justice system. Such statistics should help the law and policy makers to formulate appropriate laws that encourage behavior change instead of the current laws that encourage the incarceration of Americans. Furthermore, Tonry asserts that no American would vouch for the laws. This implies that the laws are creations of the political elite who do not always want to appear weak and incapable of addressing the crime patterns in the country. He explains that the laws are punitive and that "no one would knowingly have chosen, but that we do not know how to change" (Tonry, 2004). Such are factual observations that continue to portray the ineffectiveness of the current law that combat crime in the country. The laws continue to expand the segregation of the people. The high number of African American inmates in American prisons does not imply that they group is more likely to commit crimes than their non-colored counterparts. Instead, it shows the dedicated state machinery deployed to monitor the movement of the race. Tonry observes that the number of prisoners should have naturally increased given the increasing population. However, he notes that the current statistics are appalling. He also observes that while the laws in a country should always represent the social and cultural values of a society, the laws are always time bound and modelled by social forces. As such, the laws should always change to represent the changes in the social and cultural values prevailing in the society. this is not the case in the united states where the laws are intensifying their punitive values thus disregarding the need to institute behavior change in the inmates thus develop a safe society, one that has space for everyone including the reformed criminals (Stuntz, 2011). Critique of arguments Most of Michael Tonry’s arguments are both factual and timely. He provides alternative approach to the laws in the country by analyzing the existing laws and their approach to tackling crime in the country. He explains that the current war on both crime and drugs is having negative social ramification since they break the social fabric that holds that holds the American society together. He therefore suggests thorough introspection of the laws in order to make them enhance value addition to the society. Rehabilitation of behaviors should be a priority instead of the current imprisonment of criminals. Reforming the behavior of inmates will for example ensure that the inmates fit into the society once they finish their jail terms. The current situation coupled with the existing statistics portray that most of the inmates have past criminal records. Correctional facilities should carry out their basic function and ensure that they reform behavior. However, Tonry observes that such is the case owing to the discord within the justice system. The federal government for example invests extensively in apprehending criminals and imprisoning them without considering what happens to them once they are in the prisons. Tonry’s arguments have effective backing since he uses existing state statistics in developing coherent theses. The federal government for example uses immense resources in observing the African American community despite the social changes evident in the current society. In such cases, the government fosters the prevalence of some of the traditional stereotypes in the society. Additionally, such observations portray the incorrigible nature of the laws in the country since they do not represent the changes in the social and cultural values (Vito, Kunselman & Tewksbury, 2008). Tonry calls for the repeal of the three strike strikes laws and any other laws that compel judges to give compulsory minimum sentences. As stated earlier, such laws are retrogressive and deny the justice system the objectivity it deserves. Every criminal case is unique and therefore requires effective investigation and prosecution. Such laws on the other hand make the works of the judges easier besides eliminating in depth investigation into criminal cases. Additionally, imprisonment of criminals became a norm thereby encouraging criminal activities in the country. He also calls for the enactment of a unique safety valve in the laws to permit the early release of criminals serving prison terms longer than ten years. The cost of maintaining a criminal in prison for more than ten year is often more expensive than the actual crime, a feature that validates Tonry’s argument. Harr, Hess & Orthmann, (2012) explain that correctional facilities just as their names suggests should strive to reform the behavior of the inmates thus result in the release of law abiding citizens once they have served their prison terms. The fact that most of the criminals have histories in crime and jails prove that the current laws do not reform the behavior of the prisoners a feature that endangers the society, Tonry observes that ten years is an adequate length of time to reform behavior thus suggests the inception of a safety valve. Finally, Tonry suggests that new sentencing legislations should have effective structures and prove the impact they will have both on courts and on corrections in the country. The proposal demands that such laws should also detail the financial resources require both in their creation and in implementation. This way, the process of creating laws becomes transparent and measurable. He also suggests that criminal justice practices in the country should undergo effective disparity assessment. As controversial as the suggestions sound, they present an opportunity for the creation of realistic laws that will represent the interests of the people. The increasing imprisonment rate in the country affects the economy of the country. Prisoners are able-bodied individuals who can contribute to the economic development. As such, the government should formulate appropriate laws to make prisoners productive (Ferdico, Fradella & Totten, 2013). This way, the prisoners learn the basic social values and the need to reform their behaviors. By repealing the subjective sentencing laws and introducing the safety valve, the country would have appropriate laws that encourage the seamless reintroduction of prisoners into the society once they have served their sentences. Conclusion In retrospect, Michael Tonry provides an objective analysis of the current system of criminal justice in the country and makes radical suggestions of the appropriate changes that will help reform the justice system thus make it more effective. The author describes the current legislations are retrogressive and political gimmicks developed by politicians who do not want to appear weak. He claims that the current criminal laws do not have any measurable parameters of functionality a feature that makes it difficult to measure their effectiveness thus institute appropriate changes. Instead, he proposes realistic changes to the current sentencing laws. His propositions are practical since they promise direct benefits to both the economy and the social structure of the American society. His propositions promise to enhance the reform functionality of the prion thereby ensuring that the government does not invest immense capital in monitoring actions of a particular race. Racial profiling enhances the discrimination of the population, an undesirable feature especially in the contemporary society. References Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2013). Criminal procedure for the criminal justice professional. Belmont, CA: Wadsworth Cengage Learning. Harr, J. S., Hess, K. M., & Orthmann, C. M. H. (2012). Constitutional law and the criminal justice system. Belmont, CA: Wadsworth/Cengage Learning. Neubauer, D. W. (2011). Americas courts and the criminal justice system. Belmont, CA: Wadsworth Cengage Learning. Stuntz, W. J. (2011). The collapse of American criminal justice. Cambridge, Mass: Belknap Press of Harvard University Press. Tonry, M. H. (2004). Thinking about crime: Sense and sensibility in American penal culture. Oxford: Oxford University Press. Tonry, M. H. (2011). Retributivism has a past: Has it a future?. Oxford: Oxford University Press. Vito, G., Kunselman, J., & Tewksbury, R. (2008). Introduction to Criminal Justice Research Methods: An Applied Approach. Springfield: Charles C Thomas Publisher, LTD. Read More