{Sentencing}[21st February 1970]

[Redbook1:126-128][19700221:1820]{Sentencing}[21st February 1970]

 6.30 p.m.

            (1) We cannot allow criminals of an anti-social or anti-property nature to live unencumbered in our society.

            (2) We cannot watch them closely enough without using police state methods which are as yet unacceptable to the leaders of our society -- although it is conceivable that miniaturisation could produce tiny recorders fitted to the person of criminals for a certain length of time which would be deterrent enough in themselves, if they were foolproof, and would reduce the likelihood of similar recurrences by sane people.

            (3) We should not punish people who are sick (i.e. insane) -- not in the long term.  It will only work with a few on the threshold (i.e. [through] discouragement) and is not really worth it.  If they can be neither cured nor punished nor allowed to rejoin humanity, there is nothing for it but to set up special colonies – not prisons, but almost totally enclosed.  They will usually be for life -- with incurable cases -- and will probably be feared by ordinary criminals (who are not likely to go into them anyway).  Release involves a new trial in courts -- not just personal recommendation.

            Criminals who are not insane, merely immoral or positively and actively and intentionally anti-social, would have these miniature recorders implanted in them for a set period of time.  They would also be given help to rehabilitate themselves in society.  These recorders are not an easy option at all -- they would in many ways be worse than prison.  They are a method for future, however, and would be processed by computer every week or so.  They would, of course, be sealed.

            Until these recorders are developed, prison will have to do -- but it is suggested that a prison sentence should automatically involve probation for a proportional period afterwards (at least 50%) (Proportion rising itself with length of sentence.).

            Present sentences should not be altered except by retrial by the level of court which gave the final sentence.

            For crimes of neglect -- negative, passive and unintentional or uncomprehending, but antisocial -- the perpetrators could be taken to see the results, i.e. dangerous driving [sic] should visit busy hospital casualty ward (Law Society idea).

[continued]

[PostedBlogger02012013]