Murder & Punishment
| August 11th, 2008 by Robert | Word Count: 1358 | Reading Time 5:27 | 2,123 views |
Taking a much different path than the last couple of articles, today, I am going to discuss the crime of murder and the associated punishments put forth by the United States and Canada. If you have watched the news over the past week, I’m sure you’ve heard of the horrific murder recently in Canada. To make sure everyone is on the same page, there was an unthinkable crime committed just after a Canadian bus reloaded from a break along its journey. A man, armed with a knife, stood up and repeatedly stabbed his seat-mate and proceeded to decapitate the man. Passengers stated the criminal then displayed the victim’s severed head as a trophy of sorts. No other passengers were harmed as they frantically exited the bus. The story continues though. The man, now all alone with his victim in the bus, decides to “defile” the body and officers on scene report that he has began “hacking off pieces and eating them.” This is one of the utmost disturbing crimes I have ever read about. We see movies and hear of extreme lunacy in our world, but the graphic nature of this particular crime being carried out in broad daylight while in clear sight of innocent people is beyond words.
Canadian police were able to apprehend the criminal and he and his victim have both been identified. The criminal had zero criminal history and the people who knew him could not provide any evidence as to his being capable of committing such a crime. The victim was also stated to be an upstanding young man with no issues that would cause such an action against him. But, here we are, an insane criminal act by a seemingly “good” citizen against a “good” and innocent young man. How does this happen? What stopped working inside the “Lecterish” criminal’s mind? Was there something that set him off in the minutes before re-boarding the bus? Did the victim do anything to instigate or antagonize the criminal? Hopefully, the Canadian justice system will eventually find a conclusion to this crime and make sure the criminal is kept safely away from society.
This is where we begin to discuss murder and punishment. It’s a clear cut case of murder, no question. However, as with most countries, there is a distinction between first and second degree murder. First is primarily reserved for criminals who plan out and carry through with the murder of their victim. Second degree catches the rest, murders without premeditation. There are various other systems, but for the most part, that’s the general version of determining murder charges. Canada has charged the man in this crime with second degree murder. Based on their initial evidence review, they do not have enough for a first degree charge. While I agree, the man may not have “planned” the execution of his seat-mate, but should that matter in this circumstance? In the end, in my mind, murder is murder, planned or not. If what you do because of your criminal action results in the death of someone, you pay the maximum penalty for murder. There is no need to determine if there is premeditation or not. The victim has been murdered either way.
Under Canadian law, first and second degree murder charges carry maximum penalties of 25 years in prison. Criminals convicted of first degree murder receive a 25 year sentence with no parole (unless rarely receiving a parole only allowed after serving 15 years). Criminals convicted of second degree murder receive 25 years with the possibility of parole after 10 years. Oh, but wait, if you have committed murder in the past, you must serve 25 years, no parole for you. 25 years for murder? Life expectancy is near 80 these days, 25 years for the worst crime you can commit as a human just doesn’t seem to be enough. The criminal in this case is 40 years old, if he is convicted of second degree murder, he must serve at least 10 years, which puts him at 50. If the Canadian parole board at that time believes he has been “rehabilitated,” they will release this man onto the public streets. We can only hope the Canadian justice system has a backdoor which keeps this man from ever seeing the public light of day again.
Now that we have talked about Canada, how does the United States murder and punishment laws compare? Similar in the nature of first and second degree murder distinction, the United States allows Capital Punishment at each state’s discretion. First degree murder, you face potential death and if not death, potential life in prison without parole, ever. Second degree murder, you face life in prison with the possibility of parole. United States law is quite a bit stricter in the area of murder when compared to Canada, by far. But, even though on paper it sounds like we are tougher, are we?
Statistics show that murderers who have been convicted in the United States on average, serve 15-20 years before paroled (criminals usually serve half of sentenced time before parole on average according to the latest information). Even though our laws are tough at first glance, in practice, our criminals are in similar waters as their Canadian counterparts. How can this be? Why do we have laws on our books which state that a criminal must serve a life sentence for his crime only to allow him to roam free in half the time? Yes, I’ve heard all the cries about prison overcrowding and prisoners being rehabilitated, yadda, yadda, yadda. I believe that if you commit the crime, you must serve your penalty. Consequences for your actions, there is nothing remotely fairer than that. Criminals have long since known they can “beat” the system. In the United States, the death penalty is the main deterrent against committing murder, but our lawyers and our highly paid CSI wannabe defenders have almost negated the ability to prove beyond a shadow of a doubt that a premeditated, first degree murder took place. They can create doubt out of thin air and “save” their client from the chair, chamber, or injection.
Murder should be treated as the most heinous crime that can be committed. As such, it should carry with it the most unbending sentences. Murder has been watered down to a simple logic issue. What can you prove? Hardly anything these days it seems. Prosecutors continually take the easy way out, looking for closure and some semblance of retribution against those who murder innocents. But even then, are we doing any good? The system Canada and the United States are utilizing remind me of a couple who are unwilling to talk through issues. There will be an issue, but they can’t confront one another about it, so they choose to “deal with it” by placing it in a closet within their mind and heart. Eventually, the issue cannot be withheld forever and will burst forth as some sort of volcanic eruption of emotion and hostility. This is how we deal with murderers. We put them away for a while so we can deal with reality and eventually, we try and forget what happened in the first place. But, when the criminal is released back upon society, a potential eruption stands to take place as we are once again confronted by the same issue we tried to hide from in the first place.
Deal with the issue today and we won’t have to deal with the issue later. Put away our murderers for good and we won’t ever have to worry about them infecting the minds of others or harming more innocent bystanders. If you’re capable of murder, guess what, I don’t want you near me, “rehabilitated” or not. Convicted of murder, guess what, you should be living your life in prison because you ENDED someone’s life and that means you threw every right you had to freedom away. Our laws are too easy. Charging this man with second degree murder and thus opening the possibility that he may only serve 10 years? That’s as insane as the crime he has committed.
Citation: http://www.cnn.com/
on August 11th, 2008 at 11:25 am:
It is simply amazing to me just how far our country has slipped. Years ago you would be hung by the neck until dead for stealing someone’s horse. Now you can steal someone’s car or truck, murder the husband or wife and get out of prison, like you said for just a short prison sentence. There isn’t any wonder that the prisons are getting overcrowded.
This may sound cold to some people, but these people should actually be punished for their deeds, spend their due time in prison or be executed. Don’t keep these people on death row for 20 or 30 years. Let justice be served. Why did public lashings in front of the local court house stop? Public hangings and public executions would deter a lot of crimes. Some wannabe bad guys would get to see first hand what happens when they commit a crime.
Cruel and inhumane punishment? I don’t think so,if they do the crime then they should suffer the consequence. When we have criminals that get out of prison and commit a crime just so they can go back to prison, then that is telling me the punishment doesn’t fit the crime. Free meals,a good roof over your head and no bills to pay. I know that some places may not be that easy but there are too many retirement homes being built to hold criminals.
on August 11th, 2008 at 12:16 pm:
Everyone is worried about our prisons overflowing and the costs associated with “storing” our criminals for extended periods of time. Why are these the 2 most important issues in our punishment system? Our government spends billions of dollars on things that are of no consequence to people (i.e. presidential libraries, studies about studies, etc). If we have more criminals than what our current prison system can handle, guess what, build more.
Our country now has 300 million people in it. Crime will not go away, and thus, we will have more criminals. Allowing them to rejoin society earlier doesn’t help anyone, especially the innocents. Our rules have been created for a reason and they are often devalued these days because of monetary reasoning. Punishment and consequences for your actions are theoretically taught from birth. We are moving away from rules into a society of everything is ok as long as it doesn’t bother me.
Murderers, no matter what degree, should never be allowed back into public.
on August 11th, 2008 at 9:51 pm:
This is exactly why there’s so much crime. Most of the time they just get a slap on the hand. I watch a lot of true crime shows and it happens over and over. Look at the guy who was in the news last week, that has been on death row forever and his attorneys are now suing the state because…you’re gonna love this…he has gotten too fat while in prison and it would be too inhumane for him to be put to death because: 1 – it’s hard to locate his veins and 2 – a medicine he is now on for his obesity would counteract the medication they use to put you to sleep BEFORE they kill you.
Awwweee.. too bad the two women he brutally raped and killed didn’t get something to put them to sleep so they wouldn’t feel anything first. Do they think that other prisoners and potential murderers don’t watch this stuff and think of ways out just in case they get caught? Sure isn’t deterring them!
Crimes HAVE to have punishments! It’s as simple as a child touching a stove they were told not to and they get burned.
It’s called consequences.
I think the biggest mistake that people make is thinking that prison is for rehabilitation. It’s not.. it’s for punishment.
on August 11th, 2008 at 10:08 pm:
You have nailed the subject. Prisons are not for rehabilitation, they are for punishment. The ideology we have been subjected to that any criminal can be “taught” the errors of their ways is idiotic at best. The only rehabilitation a criminal receives in prison is from his own heart and conscience. Psychiatrists and doctors may think they can impact a hardened criminal but they are only glossing over the individual within. They are not changed, just packaged nicely.
Prison used to be feared because of the punishment. Now, the only thing to be feared is potential raping and inmate/guard violence. The criminals going to prison face those fears daily anyway. Their true fear is the removal of freedom by living in a concrete cell for the duration of their penalty. Good behavior should allow them to get out when their penalty is over, not before. If they are not good, extend their time. It’s pretty simple to me.
on August 20th, 2008 at 2:57 pm:
Recent story involving crime and punishment issues from CNN:
“George Feigley, now 68, was convicted in 1975 on charges including statutory rape, indecent assault and corrupting the morals of minors.
…Feigley’s 1975 conviction predated the passage of Megan’s Law, he will not be required to register as a sex offender.
Feigley was convicted of additional conspiracy charges in 1995. Authorities said he was attempting to direct sexual activity involving children by telephone from prison. However, conspiracy charges do not require listing on a sex offender registry.
Feigley says, “There is nothing injurious to sexuality. It’s good and pleasant, not an evil. Children exposed to it are simply not injured.”
In 1976, Feigley escaped from a Pennsylvania prison. He was captured two years later in West Virginia but escaped again from a local jail and was recaptured by the FBI.”
on August 20th, 2008 at 3:03 pm:
Is the appropriate action for this man to be set free upon the innocent public with no need to register as a sex offender simply because he is “grandfathered” into society? This man was convicted of heinous crimes in the past and he continued his willful acts while inside prison as evidenced by his 1995 convictions.
He twice escaped from prison and was recaptured. Now, even though he is 68, he can still have an unimaginable impact on the community he decides to reside within. The sex offender list isn’t the answer, the answer is that he should still be behind bars.
His successful escapes should be more than enough to display his disregard for justice. Throw in his 1995 conviction for conspiracy and it’s a slam dunk. Does anyone else see a problem here?
on September 22nd, 2008 at 9:49 am:
The justice system admittedly has flaws, but with how many crimes are committed, the justice system does an okay job. When criminals are released on parole, the punishment isn’t over. Their background checks make it very difficult to land good jobs.
on September 22nd, 2008 at 11:29 am:
We should not be content to settle for ok when violent crimes are the issue. Our justice system has many flaws but it serves us well as compared to other societies of our world. However, it can be better, much better.
Yes, parolees have a tough time when re-entering society, but that should be true. Sex offenders must register with local authorities but do they 100% of the time? No. We have laws and rules which sound good and look great on paper but are not being enforced correctly.
Our justice system can be altered to make things better than “ok.” In the meantime, innocent civilians have to deal with the issues that are not resolved or left out because of the hassle to fix. I’m not satisfied with ok when lives are at stake.
on September 24th, 2008 at 3:16 pm:
This is getting off the murder issue some what but not entirely …The prisons are full of rapists, drug offenders, murderers, car thieves, burglars, all of which have different circumstances and backgrounds. There are some people in prison who will return year after year and some, a very few, that will never come back in the system again. I think one of the worst problems today is sex and drug offenders.
The sex offender will never be cured and should not be allowed to return to society and the drug offenders, especially meth offenders, are not willing to get free of the addiction as most are perfectly content where they end up ( in prison). I might add that the rehabilitation centers for these people are a joke, where a 21 day program is supposed to help someone stay off meth.
Most drug offenders don’t stay clean. I have seen these people do the drug over and over again. And they are willing to do the prison time over and over again for the drug. I don’t think there is a cure for these people and our society is in big trouble with this demon that they call meth. If the system had to arrest and house all the meth offenders in this state alone, we would become bankrupt.
The true amount of meth offenders in this state, if housing criminals for their full term of sentences were possible then we would have to build many more expensive prisons to house just the meth addicts alone.. Still we cannot afford to just let drug offenders go because we have so many addicts.. Our judicial system is failing because it is truly over burdened as it is.. There would be no room in the jails or prisons to house sex offenders or murderers if all the drug offenders done their full time of sentences.. I don’t know what the answer is but I believe that the drug issues in this country should be more adequately addressed and taken care of before this country is over run with drug addicts.
Many other crimes stem from drug addictions and our country is being “raped” by illegal drugs. Many problems would be solved if we could get a grip on this terrible problem, including murder…
on September 24th, 2008 at 3:36 pm:
I definitely agree. Drugs are sort of the entry mechanism for a lot of the crime we see in our society. Just as people go from chewing, to smoking, to smoking pot, to cocaine, and on to more crime, the chain is there.
Drugs are one specific key to what ills society. Most hide it, but it still destroys the families involved with not so hidden costs and damages. Small and petty crime still damages society and over time, small becomes large resulting in more people being affected by their transgressions.
We need more parental guidance, more moral and ethical mentors for our youth to look up to, and we need a better system to limit the drug trade. Mistake after mistake should not be acceptable just because they are not “dealers.” We all make mistakes but we should also be required to pay for them.
Prisons are a necessary evil, but rather than spend our money on building more cell blocks, maybe we should focus on where the problem begins, at home and in the family. Our schools and our environment are also issues. Fix the root of the problem, not just hide the symptom from our eyes. In the meantime, the offenders do need to experience prison life.