Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!

Examples: Monday, today, last week, Mar 26, 3/26/04
Welcome home! Please contact lincoln@icrontic.com if you have any difficulty logging in or using the site. New registrations must be manually approved which may take several days. Can't log in? Try clearing your browser's cookies.

Buddhism and punishment.

hermitwinhermitwin Veteran
edited May 2011 in General Banter
What kinds of punishment is appropriate in accordance with buddhist
principles? I am refferring to rapists, murderers. etc.
If you think that all forms of punishments are unbuddhist,
then pl ignore this thread. Pragmatic buddhism, imagine you are a
judge & you have the power to mete out punishment.
IMO, its more humane to chop off a man's hand than to
put him behind bars for 20 years.
«1

Comments

  • So you believe in permanent punishment rather than the idea of punishment and rehabilitation? If someone committed a crime and you chopped off his hand, but he later saw the error of his way and reformed his actions, he'd still be without his hand in your world.

    It is my fervent hope that as Buddhists we've moved beyond the "eye for an eye" mentality that is the source of SO much strife in the world today. What you're talking about is essentially sharia law. That makes me shudder. Prison certainly isn't the ideal way to punish someone for a crime (at least not the way most prisons are run), but shouldn't we at least have enough compassion to believe that rehabilitation is possible? Cutting off body parts is pretty extreme if you ask me.
  • Dont get me wrong.
    I am only in favor of chopping the hand if the only
    other alternative is life imprisonment.
    Because I believe long prison sentences are more cruel
    than death.
  • Jason_PDKJason_PDK Explorer
    So you believe in permanent punishment rather than the idea of punishment and rehabilitation? If someone committed a crime and you chopped off his hand, but he later saw the error of his way and reformed his actions, he'd still be without his hand in your world.

    It is my fervent hope that as Buddhists we've moved beyond the "eye for an eye" mentality that is the source of SO much strife in the world today. What you're talking about is essentially sharia law. That makes me shudder. Prison certainly isn't the ideal way to punish someone for a crime (at least not the way most prisons are run), but shouldn't we at least have enough compassion to believe that rehabilitation is possible? Cutting off body parts is pretty extreme if you ask me.
    Well said!
    You say prison isn't ideal, what do you think would be ideal?
    Just curious.

    Jason
  • You do not have the right to kill yourself, so how will you hand over that right to your government?
  • Dont get me wrong.
    I am only in favor of chopping the hand if the only
    other alternative is life imprisonment.
    Because I believe long prison sentences are more cruel
    than death.
    Why do you get to decide what is more cruel?? As a society, most western nations have decided that chopping off body parts (as well as hanging, etc) are considered cruel and unusual punishment. Otherwise we'd still be eviscerating people while they were still alive, drawing & quartering, etc.
  • I know what society has decided.
    I want to know what you think.
  • What kinds of punishment is appropriate in accordance with buddhist principles?
    look into how punishment's defined in behavior analysis

  • zenffzenff Veteran

    Blaming people and putting them in jail for ever, does not really help much.
    The Buddhist way to go is something like this:
    http://www.justice.gov.za/trc/

    We need to put energy and time in finding truth and reconciliation.
    We need to look at causes and find solutions to underlying problems.

    (But a parking ticket does not require a Truth and Reconciliation Committee, I suppose.)
  • I think most people would agree that prisons should include rehabilitation. It's a sad commentary on society that they don't. It's been discussed on this forum before that many criminals are suffering from severe childhood trauma, and that needs to be addressed in the rehabilitation. According to my brother who was a public defender and later a judge, many criminals are people who simply got a poor education. In the US it's possible to graduate from highschool without being able to read. He said illiteracy was a contributing factor for some criminals--they had trouble managing in day to day life, had trouble fitting in, finding a job, and so forth. Equal education for all, and an end to child abuse would help minimize the incidence of crime.

    Why are we talking about chopping off hands? I didn't quite follow that one.

    Native Americans don't incarcerate their offenders. Tribal courts impose "sentences" aimed at rehabilitating the offender, and their strategies seem to work. But what the federal government has defined as "major crimes" (murder, attempted murder, rape, attempted rape, + 3 others I don't recall) have been taken out of their hands, so we don't know how their justice system would work in such cases in modern times. In the old days, if a murder occurred, the offender would make reparations, by providing something of value, such as several head of cattle, or whatever the aggrieved demanded. In the late 1800's, the dominant society panicked at the thought of murderers walking free, and pressured Congress to pass the Seven Major Crimes Act. Thus began the incarceration of Native Americans.
  • vinlynvinlyn Colorado...for now Veteran

    Why do you get to decide what is more cruel?? As a society, most western nations have decided that chopping off body parts (as well as hanging, etc) are considered cruel and unusual punishment. Otherwise we'd still be eviscerating people while they were still alive, drawing & quartering, etc.
    Oh, and why do YOU get to decide?

  • zidanguszidangus Veteran
    edited May 2011
    Most prisons in the UK are training grounds for crime, were young offenders end up mixing with bigger criminals, and consequently end up getting into more serious crimes, when they are released. For me a good punishment is life behind bars in solitary confinement for serious crimes, where the person can reflect over what they have done, and for less serious crimes, well people should be made to give back to the community which has been affected by the crime, so community service is a good way to do this I think.
  • Does anyone know how an abbot would deal
    with monks who are not cooperative?
    I mean someone who refuse to comply
    with an order and refuse to leave.
  • hermitwinhermitwin Veteran
    edited May 2011
    Unfortunately, solitary confinement
    is unacceptable in most countries.

    usually its reserved for political prisoners.
    Most prisons in the UK are training grounds for crime, were young offenders end up mixing with bigger criminals, and consequently end up getting into more serious crimes, when they are released. For me a good punishment is life behind bars in solitary confinement for serious crimes, where the person can reflect over what they have done, and for less serious crimes, well people should be made to give back to the community which has been affected by the crime, so community service is a good way to do this I think.
  • Most prisons in the UK are training grounds for crime, were young offenders end up mixing with bigger criminals, and consequently end up getting into more serious crimes, when they are released. For me a good punishment is life behind bars in solitary confinement for serious crimes, where the person can reflect over what they have done, and for less serious crimes, well people should be made to give back to the community which has been affected by the crime, so community service is a good way to do this I think.
    This is true in the US as well, however, criminals who want to reform manage to avoid getting involved in prison gangs, and are able to take advantage of the few programs that may be available aimed at reform and expressing their better side, such as poetry programs, Buddhist teachings, and the like. Such prisoners increase their chances of earning parole.

  • zidanguszidangus Veteran
    I don't know what it is like in other countries, but in the UK, it does seem that crimes involving money are punished more heavily than crimes involving violence. To me this seems unjust, and says a lot about what society thinks is most important, well in the UK anyway.
    For example a person who robs a bank can get 20 years imprisonment in the UK, but a murderer can get 5 years and be released in 3 years. Again this does not seem right to me :-/
  • vinlynvinlyn Colorado...for now Veteran
    I think the problem here is that most of us have the idea that crime is something like we used to see in movies and television shows back in the 1950s.

    Problem # 1 is recidivism. Just for quick stats you can find on Wikipedia: "As reported on BBC Radio...the recidivism rates for released prisoners in the United States...is 60% compared with 50% in the United Kingdom but cross-country statistical comparisons are often questionable. The report attributed the lower recidivism rate in the UK to a focus on rehabilitation and education of prisoners compared with the US focus on punishment, deterrence and keeping potentially dangerous individuals away from society...The United States...tracked the rearrest, re-conviction, and re-incarceration of former inmates for 3 years after their release from prisons in 15 states in 1994. Key findings include: Released prisoners with the highest rearrest rates were robbers (70.2%), burglars (74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), those in prison for possessing or selling stolen property (77.4%), and those in prison for possessing, using, or selling illegal weapons (70.2%). Within 3 years, 2.5% of released rapists were arrested for another rape, and 1.2% of those who had served time for homicide were arrested for homicide. These are the lowest rates of re-arrest for the same category of crime. The 272,111 offenders discharged in 1994 had accumulated 4.1 million arrest charges before their most recent imprisonment and another 744,000 charges within 3 years of release." REREAD THAT LAST SENTENCE.

    The other thing I have to ask is, have any of you ever been through the legal justice system for anything serious? I have...not for myself, but for my son. He ended up being convicted, but because of an exemplary life before that, he got 3 months for his crime, instead of 15 years. But for three months, every Saturday morning at 5 a.m. I made a 3 hour trip to see him. His visiting time was 8 a.m. on Saturday mornings at a somewhat low-security prison, for 45 minutes. So where am I leading with this? Some of the prisoners that I also saw coming into the visiting area each Saturday were, in my view, that very dangerous looking, like my son. But ladies, some of those who came in the visitor area those mornings would have made you wet your panties if you were walking along the street and you saw them walking toward you. And again, I remind you, this was a relatively low security prison. The really bad guys were sent to places like Red Onion is far SW Virginia.

    Some of you who are so soft in your approach, wouldn't even dirty your hands working with the homeless, because you'd be too afraid. I suggest that you go find some volunteer work where you work with former convicts...and I mean REAL convicts...and then you come back and tell us your experiences.

    Having said all that, I think far too many types of crimes end up with prison sentences (for example, Bernie Madoff...he hurt a lot of people, but I'm not sure white collar crimes belong in prison). I think the criminal justice system works poorly, and in some aspects incompetently. I think many prison sentences are too long. And the whole history of innocent people being put in prison or sentenced to death is a huge problem.

    But, Mountains, you'd be perfectly content having that repeat child molester living in a house next to your children?

  • Jason_PDKJason_PDK Explorer
    Careful now chidren! Play nice. :P


  • Oh, and why do YOU get to decide?

    Where did I say I do?? I can't recall saying that in anything I posted.
  • vinlynvinlyn Colorado...for now Veteran
    You asked teh question


    Oh, and why do YOU get to decide?

    Where did I say I do?? I can't recall saying that in anything I posted.
    You asked the question to someone else. I am simply asking your question to you. Because a big part of the discussion has to be -- who does get to decide?

  • vinlynvinlyn Colorado...for now Veteran
    Jason, you were probably directing that question to me?

    If so, I guess where I am coming from on this discussion is -- what kind of a discussion are we having. A conceptual discussion? Or a real world discussion? Or both? Or something in between?

    Of curse, it could be all of the above.

    But I am reminded of a local situation we had in northern Virginia about a prison that had been in our region for many years. Virtually everyone agreed a new prison was needed..."but not in my area!".
  • zidanguszidangus Veteran
    edited May 2011

    But, Mountains, you'd be perfectly content having that repeat child molester living in a house next to your children?
    For this type of crime for male sex offenders I think surgically castration is a legitimate, method to help stop it from happening again, of course there will be some people who will fight for the criminals human rights on this, but for me people like this should be castrated, first and foremost to protect possible future victims and also to help protect the criminal from having the urges to commit crimes such as this.

    To add to this, I just wish those people who do fight for the criminals rights, would actually fight as hard for the victims rights.
  • vinlynvinlyn Colorado...for now Veteran
    I agree with your second paragraph.

    I think the sex offender issue is complex. Note that in the data I gave above, 97.5% of rapists released did NOT rape again. I could agree with you more for sex offenders who had a repeat record...but at what point of recidivism?
  • zidanguszidangus Veteran
    edited May 2011
    I agree with your second paragraph.

    I think the sex offender issue is complex. Note that in the data I gave above, 97.5% of rapists released did NOT rape again. I could agree with you more for sex offenders who had a repeat record...but at what point of recidivism?
    Sorry this is what I meant, the repeat sex offenders, I think it's legitimate to castrate repeat sex offenders. Anyway I think this option should be on the table for a judge, and then they should be able to decide if it merits it, based on the crime that has been committed, and the criminal history of the person committing the crime.

  • vinlynvinlyn Colorado...for now Veteran
    I agree with your second paragraph.

    I think the sex offender issue is complex. Note that in the data I gave above, 97.5% of rapists released did NOT rape again. I could agree with you more for sex offenders who had a repeat record...but at what point of recidivism?
    Sorry this is what I meant, the repeat sex offenders, I think it's legitimate to castrate repeat sex offenders. Anyway I think this option should be on the table for a judge, and then they should be able to decide if it merits it, based on the crime that has been committed, and the criminal history of the person committing the crime.

    It's still a scary proposition. It reminds me of the era when lobotomies were done.
    :werr:
  • federicafederica Seeker of the clear blue sky... Its better to remain silent and be thought a fool, than to speak out and remove all doubt Moderator
  • zidanguszidangus Veteran
    I agree with your second paragraph.

    I think the sex offender issue is complex. Note that in the data I gave above, 97.5% of rapists released did NOT rape again. I could agree with you more for sex offenders who had a repeat record...but at what point of recidivism?
    Sorry this is what I meant, the repeat sex offenders, I think it's legitimate to castrate repeat sex offenders. Anyway I think this option should be on the table for a judge, and then they should be able to decide if it merits it, based on the crime that has been committed, and the criminal history of the person committing the crime.

    It's still a scary proposition. It reminds me of the era when lobotomies were done.
    :werr:
    I can only imagine how scary it must be for the victim of a sex offender.

  • vinlynvinlyn Colorado...for now Veteran
    I agree with your second paragraph.

    I think the sex offender issue is complex. Note that in the data I gave above, 97.5% of rapists released did NOT rape again. I could agree with you more for sex offenders who had a repeat record...but at what point of recidivism?
    Sorry this is what I meant, the repeat sex offenders, I think it's legitimate to castrate repeat sex offenders. Anyway I think this option should be on the table for a judge, and then they should be able to decide if it merits it, based on the crime that has been committed, and the criminal history of the person committing the crime.

    It's still a scary proposition. It reminds me of the era when lobotomies were done.
    :werr:
    I can only imagine how scary it must be for the victim of a sex offender.

    It depends on what the offense is. And what about offenders who are caught in a sting when there is no actual victim?

  • zidanguszidangus Veteran
    Yes I agree vinlyn, the nature of the crime needs to be taken into account, I'm just saying that this option should be on the table I think for a judge to use in appropriate cases.
  • zidanguszidangus Veteran
    edited May 2011
    It would seem that a punishment to fit the crime is not a suitable option...

    http://www.dailymail.co.uk/news/article-1386809/Eye-eye-Woman-blinded-scorned-lover-given-permission-throw-acid-eyes-Iran-court.html?ito=feeds-newsxml
    Yes I do not believe in like for like punishments either, Iran has a history of barbaric punishments for crimes, even for actions we would consider as nothing that serious,

    http://www.bbc.co.uk/news/10565103

  • vinlynvinlyn Colorado...for now Veteran
    I'll be interested to see more responses.
  • If you have watched the program 'lockdown'
    on National geographic or any other documentary
    on prisons, you will realise that it does not work.
    The sad part is we are unable/unwilling to change
    it to something more effective.
  • zidanguszidangus Veteran
    "Physical castration appears to be highly effective as, historically, it results in a 20-year re-offense rate of less than 2.3% vs. 80% in the untreated control group, according to a large 1963 study involving a total of 1036 sex offenders by the German researcher A. Langelüddeke, among others[59]—much lower than what was otherwise expected. Compare to overall sex offender recidivism rates."


    "In modern times, the Czech Republic practices surgically castrating convicted sex offenders. According to the reports compiled by Council of Europe, a human-rights forum, the central European country physically castrated at least 94 prisoners in the 10 years up to April 2008. The Czech Republic defends this procedure as voluntary and effective.[60] According to Dr. Martin Hollý, director of the Psychiatric Hospital Bohnice in Prague, none of the nearly 100 sex offenders who had been physically castrated had committed further offenses.[61] One serial offender stated that being castrated was the "best decision" he ever made: "On the one hand you have to protect the potential victims and on the other hand I wanted to be protected from myself, I wanted to live like a normal person."[62] Don Grubin, a professor at Newcastle University's Institute of Neuroscience who also runs a chemical castration program backed by the U.K.'s Ministry of Justice, was initially opposed to physical castration. After visiting the Czech Republic, however, he agreed that some form of castration might be of benefit to some sex offenders.[62][63]"



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

    This suggests that physical castration does work




  • federicafederica Seeker of the clear blue sky... Its better to remain silent and be thought a fool, than to speak out and remove all doubt Moderator
    The point is, is it right to harm others?
  • vinlynvinlyn Colorado...for now Veteran
    The point is, is it right to harm others?
    No, I would say the question being posed is how to control those who cannot control themselves.

    Are you advocating letting them rape and rape and rape some more?

    I know you aren't.
  • zidanguszidangus Veteran
    Also I am talking about a surgical procedure here, not something from Irans criminal justice system.
  • vinlynvinlyn Colorado...for now Veteran
    True. And you mentioned it as a voluntary procedure. And that would be fine with me. But would it become a non-voluntary procedure?
  • zidanguszidangus Veteran
    edited May 2011
    Again for me this would depend on the severity of the crime.
    But as an example, for child sex offenders, I would make this non-voluntary. For serial rapists I would make it non-voluntary.

    There has to be a point in which, society has to be protected from people who wish to do these actions, and if prison sentencing is not working, then I see no harm in doing this.
    As I have said for these types of offences I take the victims side and their rights before the offender. Because lets not forget, in these crimes the victims have to live with what happened for the rest of their life.
  • vinlynvinlyn Colorado...for now Veteran
    Again for me this would depend on the severity of the crime.
    But as an example, for child sex offenders, I would make this non-voluntary. For serial rapists I would make it non-voluntary.

    There has to be a point in which, society has to be protected from people who wish to do these actions, and if prison sentencing is not working, then I see no harm in doing this.
    As I have said for these types of offences I take the victims side and their rights before the offender. Because lets not forget, in these crimes the victims have to live with what happened for the rest of their life.
    But where does it end? Why not lobotomies to dull all desires of criminals?

  • DakiniDakini Veteran
    I wonder what the age-cohort is for serial rapists? Studies show that men calm down after age 40, when their hormonal structure changes. IDK.

    I think hermit asks a good question, about whether punishment is even compatible with Buddhist values. Of course the ideal would be to have social programs in place, good education for all, etc., to prevent some of the roots of crime from even developing. But I don't think that would eliminate all crime, and sadly, it may not be realistic to fund all those programs, plus effective rehabilitation in prisons.

    Someone pointed out elsewhere that the Japanese are very loving with their kids, have a homogeneous society, and are very conformist. That deters crime. I recall hearing about the Swiss, too--very conformist, low crime. Do we want to live in a conformist society? I'm all for better childcare, better parenting skills, social workers who actually do their job and take kids out of abusive environments.

    I think this is a question/problem that has faced humanity since the dawn of time. Criminals used to be ostracized. That's not realistic now. No easy answers.

    I do think that "punishment" can serve the purpose of giving someone time to think about what they've done: the right or wrong of it, the consequences to self and others. Some people do need to be told there are boundaries that cannot be crossed. But we're probably all agreed that prison reform is desperately needed.
  • zidanguszidangus Veteran
    In this case the evidence suggests that offences end after the castration. So I guess thats where it ends. And at the end of the day if it protects the public from further offences of that nature, then I'm sorry but the rights of the public comes before the rights of a serial sex offender, in my opinion anyway.
  • If Bernie Madoff doesn't belong in prison, where does he belong?
  • vinlynvinlyn Colorado...for now Veteran
    If Bernie Madoff doesn't belong in prison, where does he belong?
    Working, perhaps for charity or to make money back for the people he stole from, tightly supervised. Living in standard conditions.

    What do we need him in prison?

  • As punishment, he should work on menial jobs.
    And be required to face all the people who lost money.
    A reality program?
    If Bernie Madoff doesn't belong in prison, where does he belong?
  • As punishment, he should work on menial jobs.
    And be required to face all the people who lost money.
    A reality program?

    I think there is a big difference between someone who
    truly regrets what they have done & someone who doesnt.
    Who should decide? Prob the victims.
    If Bernie Madoff doesn't belong in prison, where does he belong?
  • vinlynvinlyn Colorado...for now Veteran
    As punishment, he should work on menial jobs.
    And be required to face all the people who lost money.
    A reality program?
    If Bernie Madoff doesn't belong in prison, where does he belong?
    I could go for that.

  • DhammaDhatuDhammaDhatu Veteran
    edited May 2011
    56 minutes of download, if can spare

    towards the end, AB talks about punishnment

  • My personal opinion is that if a human being does something 'terrible' they do it from ignorance. They should not be stuck in a cell where they mix with other ignorant beings and can become worse. Putting people in prisons often does not solve the problem. They learn criminal info inside and live with people who have similar problems. IMO, prison is not the best solution
  • Great thread!
  • zidanguszidangus Veteran
    edited May 2011
    My personal opinion is that if a human being does something 'terrible' they do it from ignorance. They should not be stuck in a cell where they mix with other ignorant beings and can become worse. Putting people in prisons often does not solve the problem. They learn criminal info inside and live with people who have similar problems. IMO, prison is not the best solution
    If it was solitary confinement, this would not be a problem, also there could be books made available, or even distant learning courses, which prisoners can learn skills that can help them on the outside. Most importantly I think criminals should be made to realise what devastating effects their actions can have on a person, family or community.
  • I've never seen so many hairs split in one thread before!
Sign In or Register to comment.