But how do you pay for ‘pain and suffering’, for one thing,
Oh, you can never pay for it. But you can at least attempt to. I’m sure whoever he pulled a knife on could use 300 bucks. Couldn’t we all?
and for another thing, what is the point of prison: forcing them to pay restitution or forcing them to live apart from their fellow people in a bad environment to teach them a lesson?
Why can’t it be both?
Restitution isn’t used nearly enough in our criminal justice system, IMHO, especially for non-violent crimes. If someone breaks into your house while you’re at work and steals the emergency cash from your cookie jar (let’s get wild and say it was 500 bucks), which would make you happier? The perp sitting in jail, or getting your 500 bucks back? The government will garnish people’s paychecks for taxes and child support, so why not restitution? Maybe they do, correct me if I’m wrong. I do know that they won’t throw someone in jail who has been ordered to pay restitution (most who have been ordered to, don’t) as long as they have made a good faith effort to pay. I’m sure there’s a million ways of hiding money, though.
If you are working and seeing nothing for it, why should you keep working at all?
Well, in the case of a prisoner, you’re going to work whether you see anything for it or not, because they MAKE you work.
You can beat them and beat them until they work, but if you do that you might as well tear down the walls and plant a cotton field.
FWIW the Constitution doesn’t prohibit slavery for prisoners.
On the other hand, if you want them to associate labor with honest gains and a lifestyle that lacks jail time, you give them profits from their work.
No argument here. But could we also be showing them that if they commit a crime, they’ll be well provided for, given a job and have the chance to buy themselves little perks? I’m not saying prison is paradise. I am saying, though, that money wise they’re doing pretty darn good. No bills, no restitution to pay, and if they work long enough (provided they behave themselves), they can buy toys. Positive reinforcement is a great tool, but considering they are there because they have hurt somebody, I’m not sure that rewarding their hard work with something for themselves is the way to go. Maybe they need a little negative reinforcement: “you harmed someone, so you’re going to bust your ass and give them the money as long as you’re in prison just in case you haven’t gotten the point already.” Even giving their victim HALF of the money could be a start. That way they get some of what they earned, but also feel the pain of losing 50% of it.
I’m just sayin’. Criminal law is not my area of interest or expertise; I’ve hated my criminal law classes. I’m much better with civil stuff.
I could be wrong, who knows. Just thinking and all …