Archives for category: Social Criticism

The concept of the criminal justice system doesn’t really come up until something really shitty happens in the news, and then people freak out about how criminal X isn’t getting nearly as lengthy a prison sentence as having committed crime Y deserves. Justice was not served, and our weak judicial system lets another monster go with a wrist slap. I want to examine what a criminal justice system would look like if justice were to truly be served, so that next time there is a trial on the news, we can bitch and moan about its outcome in a more appropriate fashion.

Now, Socrates would immediately demand that I define justice, and then mock me for whatever answer I provide. However, provide one I must in order to progress in my analysis of the criminal justice system because otherwise this whole ordeal is pointless. Typically we attribute punishing wrong-doers as justice, but we must make the distinction between justice and vengeance.  An eye for an eye cannot balance the scales of justice as the repetition of an act can only weigh down the one side further. The other issue with punishment as justice is that it cannot rescind an action. If someone gets killed, they’re not going to be brought back by any means human beings can muster. Justice cannot be a return to balance because the world-state has been irrevocably changed. Of course, leaving the action with an apathetic shrug is out of the question as well, so I posit that justice is the prevention of further acts of injustice. The scales are tipped in a future world where unjust acts are committed with less frequency. Justice is not a return to balance, but the creation of it.

Now that the philosophy is done, we can return to our criminal justice system. Traditionally there are three ways that are followed in the pursuit of justice: punishment, incarceration, and rehabilitation. I will look at each of these on their merits and decide which one best suits my definition of justice. I’ve already decided, by the way. I am not writing this blindly. You’ll just have to keep reading to see which one I pick. Or skip to the end, I suppose. I can’t stop you.

We discussed punishment as being a flawed method of justice all of two paragraphs ago, but it must be revisited again as there are those that claim that punishment works as a deterrent, preventing future crime by disincentivizing potential criminals from committing nefarious deeds. No one wants to get punished; it sucks. Society seems to take a somewhat jovial attitude toward prison rape because it only adds to the deterrent factor of punishment. Punishment as prevention seemed to be solidified into fact in the 1970s when Isaac Ehrlich, an economist, concluded that rehabilitation could never work and that murdering criminals was the only way to stop crime. This was actually a huge deal, and this deterrent factor became so mainstream we are still dealing with people who insist that murder solves murder. Unfortunately, economists study money, and human motivations do in fact exist outside of that jurisdiction from time to time, and punishment as a deterrent has been largely rebuked, with 88% of people who study crime instead of dollars agreeing that the death penalty does not in fact disincentivize people from committing crime.

So since punishment won’t stop future crime, we now come to incarceration. This idea is that if someone is locked up, they can’t be out in civilized society getting their crimes up in everyone’s business. I cannot argue with this. If someone is in jail, they can’t be out criming with their buddies. However, decency seems to dictate that we should probably eventually let people out of prison. The “worth” of someone’s crime is calculated in how many times the earth rotates around the sun, somehow, and this is used to arbitrarily decide how long someone should not be out criming. How many years of your life is worth stealing a car? It’s an absurd question to ask, but that’s the question we pose to judges and juries every day of their working lives. Apples are much more similar to oranges, so combining an act with a time-frame is just a guessing game based on precedent and circumstance. And ultimately, the person will leave jail, quite possibly to commit further crimes. Prisons are unsurprisingly filled with villainous individuals, and being surrounded by that kind of culture might even worsen anyone who spends any amount of time there. If releasing someone from prison is more often than not going to lead to recidivism, than releasing someone from prison does not actually lead to justice within my definition. To prevent future crime, people who are convicted would need to stay in prison indefinitely. Of course, if everyone is convicted of a life sentence no matter the crime, you might as well just kill them from the get-go. Not to disincentivize other criminals, but simply to save time. They are going to be removed forever from society, and we already seem content with an arbitrary measurement of the worth of their lives, so where they go does not matter.

This probably sounds horrible, but we must remain objective in our discussion of justice because the story goes that it is blind. Nobody can commit a crime from beyond the grave (…yet), so it has to be taken into consideration when we are looking for the proper execution of justice.

We’ve come up with one just solution, but we have one more option remaining: rehabilitation. If we can convince someone that crime is bad, or get them to a place in their lives where crime is less of an option, then that would certainly prevent future crime.  This would eliminate the arbitrary nature of gauging the worth of an action in years, as it would become a simple matter of when the person would be ready to integrate back into society. For those incorrigible rapscallions who will forever be unrepentant about their transgressions that are so often the poster children of death penalty supporters, they would simply remain in prison until they die simply because they would never conform to acceptable standards of society. But for everyone else, how about instead of just holding on to rapists for a bit before letting them go, for example, we teach them a gender studies class or something so that they learn that maybe rape isn’t such a nice thing to do? Once they get the idea, they can leave. Maybe it takes one year, maybe it takes twenty, but it would be entirely dependent on the individual.

Now, some might say that those dastardly criminals might pull the wool over everyone’s eyes and convince people that they’re totally cool and should go back into society. Admittedly, they might with their brilliant criminal wiles, but they also have the potential to do that now. We have parole hearings to decide literally that, and this is within a system where very little effort is made to address rehabilitation, so their readiness for society would be due to pure chance rather than any particular effort of the justice system. This way, a team consisting of maybe a social worker, a variety of counselors, prison staff, etc. would provide testimony about the rehabilitation status of any given inmate and would deliver consensus on that person’s ability to conform to social standards, thus preventing future crime.

So we have two options for an appropriate delivery of justice: rehabilitation or death. Next time someone complains that a guy who seems to keep stealing cars “only” got a two year jail sentence after several priors (or however long, I’m not a lawyer), you can ask what kind of steps are being taken within those two years to actually address this vehicular kleptomancy and whether that is an adequate enough time to properly deliver those services to this individual, or casually suggest the perpetrator’s death.

Karl Marx is famous for a lot of things. Most notably, the distortion of light and colour that is his black mustache upon an otherwise white beard. One of his lesser known accomplishments is the foundation of communism. Communism, according to Marx, is historically inevitable due to the growing restlessness of the proletariat and will eventually be achieved by glorious revolution. There are barriers to this revolution, however, and one of them Marx believed to be religion. Marx considered religion to be the opiate of the masses, and felt that a promise of a better afterlife would anesthetize the population against the classist oppression that they suffer in the current one.

Whether or not Marx is accurate in his critique of religion (a notable religious organization is currently in the throes of a violent revolution against their oppressive living conditions, which, if nothing else, demonstrates a lack of the lethargy brought on by a narcotic; ISIS, if you were wondering), the idea of an opioid numbing the minds of the people has since gained traction. Television is considered a new opiate of the masses, and it is not difficult to see why. After having killed the brain cells of a generation, parents now long for their children to misbehave as it means that they are not actually glued to a screen. “Netflix and Chill” has inseminated the dating scene to illustrate a population quite adequately placated by the lull of the television screen.

Television has been slowly overtaking the household for decades now, but today many people are spending their time on social media instead. Social media is lauded as the new platform for progress and enlightenment, and judging by what you’ve read so far you have likely ascertained that I am imminently about to disagree. Not wanting to make you feel silly, I do in fact disagree.

The greatest success to come out of social media was the Arab Spring in Egypt where it was used to disseminate critical information regarding demonstrations and retaliatory behaviour practiced by Mubarak’s government. Regardless of the results of the Arab Spring, it did prove the usefulness of social media as a complement to real-life activism. Information is needed for organization, and social media is ideal for its proliferation.

However, the potential and the reality of social media are reflective of the nature of the internet in general. Though given great acclaim for its cornucopia of easily accessible information, the internet is much more widely known for giving unprecedented access to untold amounts of pornography and cat videos.

The predominant use of social media is not altering the state of the world or even really making a dent. It’s a way to waste a shit load of time. Community-based games such as Farmville and its successor Clash of Clans are notoriously addictive, and Clash of Clans (a free game) has gathered enough money to create Superbowl ads with A-list celebrities based solely on real money users spend in-game, which is to say a lot. That’s like a heroin dealer giving heroin away for free, and yet still somehow making millions of dollars by selling extra heroin on the side. This is in addition to the already mind-numbing function of scrolling through one’s Facebook newsfeed to scope out the activities and wedding pictures of friends and strangers alike, which is inexplicably compelling, garnering Facebook the appropriate nickname Crackbook.

Another issue with social media is that it often becomes an echo chamber. If a controversial topic is posted, most people will simply unfriend any dissenting voices, leaving them with a circle of peers who essentially agree with everything they say. In their defense, arguing on the internet is a meaningless task, as it is inherently lacking any kind of actual confrontation that would lead to concessions by either party. This leads to stagnation and a closed-minded outlook which creates a poverty of intellect in anyone’s Facebook page.

Further, with the instantaneous nature of social media, the demand for information is immediate. If something cannot be expressed in a meme or a 30 second clip, it will not be consumed, so the media becomes a reflection of that. News outlets are shedding their investigative reporters because long term journalism is becoming overshadowed by in-the-moment tweets. People need prompt information and will essentially ignore the critical nuances that a longer look might uncover because the speed with which social media operates cannot abide drawn-out events. This is seen repeatedly in prolonged violent attacks where news reporters will essentially make up stories so as to have something to deliver, leading to grave misrepresentation of the events taking place.

Politicians are also encumbered by this hasty demand and can no longer play the long game as answers to problems must be delivered in minutes. In addition, public opinion is available to an extent never before seen, and in order to pander to it for voter appeal, the medium within which it operates must be met, and unfortunately this medium is detrimental to critical thought. This leads to politicians like Barack Obama participating in the comedic Between Two Ferns, or Donald Trump hosting Saturday Night Live. Effective policy is essentially lost in politics, as the game more than ever before becomes about being palatable to mainstream voters through sharable clips and quips.

Social media does have the infinitesimal potential to be a boon to society, but that small chance is exaggerated into a panacea and in turn obscures the dangers of its use as a societal tool. The success in the Arab Spring was built upon the physical, not digital, actions of a large group of people. The digital component was ancillary to the revolution, but it was not the revolution itself. Social media can only perform within the cult of awareness, where new topics may be broached, but will ultimately remain ineffectual if they remain within that realm.

The frightening aspect of social media as an opiate of the masses is that it purports to be the opposite; an eye-opening engagement of the people with the world at large. In reality, social media distracts the populace with its addictive narcotic quality, and dulls and restricts progressive conversations that happen within it. People are further pacified by their belief that they are making a difference, and Marx’s inevitable revolution is delayed even further.

Because social media sucks, here are my other two posts about it.

Lying is almost universally condemned as immoral behaviour. Deceiving children doubly-so. Yet for some reason, the lie of Santa Claus is celebrated every Christmas as children worship at the tabernacle of St. Nick, and parents knowingly smile and take joy in the deliberately perpetuated naivety of their offspring. Surely there must be a reason to pull the wool over the eyes of the young.

It would be nice to believe we lie for the sake of a lesson in post-modern deconstruction: the true nature of an old white man literally at the top of the world enforcing nonspecific yet absolute moral conventions is a social construction, and when children become disillusioned to the lie that is Santa Claus, they can become aware of the further social constructions of the dominant discourse in our society. Unfortunately, this inevitably leads to children thinking for themselves, and so this method is discarded as anarchical.

Many people believe that childhood is a time of innocence and joy, and that a belief in Santa Claus is a reflection of that innocence. The world is shitty and bleak, and children are not to be exposed to its true nature until they’re old enough to handle the responsibility that the misery of our inherited existence imposes upon them. Is this to protect them? Are we suggesting that joy cannot exist outside of a world built on lies? That innocence cannot survive when it is exposed to the truth? To believe this is to be a greater pessimist than those who choose not to lie to their children about Santa Claus, and those people are monsters.

When I was a child and suffered through my own carefree joy, I asked my mother if she believed in Santa Claus. She told me she believed in the spirit of Santa Claus. Though she didn’t elucidate at the time and I certainly didn’t know what elucidate meant in order to ask, what she meant was that there isn’t necessarily a being that delivers presents on a sleigh pulled by flying reindeer, but there is an essence of unlimited generosity that permeates the world once a year that is reflective of the nature of Santa Claus. People become more giving, human connection is enhanced, and the world becomes a better place, if only for one month out of the year. To her, this was Santa Claus. Perhaps we lie because children in their ignorance can more fully embrace this essence due to their unencumbered faith in jolly ol’ St. Nick.

Does the lie beget the symbol? Santa Claus in his current incarnation is notoriously based on an advertising campaign from Coca-Cola. His generosity is shown solely through his dispersal of material ‘things’ rather than intangible yet genuine human connection. Children cannot possibly understand this as a symbol of giving, because they are only ever on the receiving end. Does our lie not teach children that generosity, love, and human connection are about the transaction of objects? That our gratitude should be given to an unknowable deity rather than the very real human beings who loves us with all their heart? That happiness is about receiving unearned material wealth? If we desire a symbol for unlimited generosity and kindness, we can do better than one of commercialized consumption and misplaced gratitude. Which, if you ask anybody who has worked in retail around the holidays, is in fact the modern spirit of Christmas.

So life is shit, and Santa Claus is more of a reflection of that than we might ever actually care to admit. So why do we lie? I think it’s because we want to believe in magic. When we are children, anything is possible: reindeer can fly, a guy who’s built like a dump truck can fit through itty-bitty chimneys, red and white are somehow fashionable… When anything is possible, hope and wonder trump sarcastic cynicism every time. We feel as adults that magic dies with youth, and that merely implausible impossibilities become statically impossible and futile to resist. We desperately want life to be better, and magic would simplify that to easily attainable.

As many point out with derision, Christmas is an appropriation of the pagan winter solstice festival, and Jesus was more likely born in September. Why then the association with the winter solstice? The shortest day of the year inevitably leads to longer and brighter days; the birth of the saviour marks the end of darkness and entails an increasingly brighter outlook for humanity. Christmas, as it were, is the celebration of hope for a better future. The essence of magic as a symbol for hope is what Christmas is all about; not gifts or generosity at all, but magic. In the spirit of Christmas, rather than seek magic in our own lives, we pass the torch to our young out of nostalgia before we inevitably extinguish it for them as well. Hope becomes fantasy as we purge ourselves of our childhood delusions, and we choose to accept bitter reality over a world with brightness. Santa Claus isn’t a lie, Santa Claus is dead. Santa Claus remains dead. And we have killed him.