The Lantern

Issue date: 5/9/08 Section: Opinion

We are a nation that regards justice as one of our highest values. The concept has found its way into some of our most beloved axioms and songs and is even promised "to all" in our pledge of allegiance. Yet rarely do we stop to contemplate how we actually understand "justice." In American culture, we discuss justice as righting wrongs and ensuring everyone gets what he or she deserves. Unfortunately for those that receive justice in our culture, more often than not it comes in the form of punishment for crimes committed. "No crime will go unpunished," we declare, and we decry impunity for foreign tyrants, underhanded businessmen and sometimes even our own political leaders.

Yet although we do our best to uphold justice to those who we deem deserving of it, we forget to question the good of this ideal. When we wield justice almost exclusively in its punitive form, I can find no inherent value in it. Does our justice improve any lives or make anyone better off? How does justice make this a better world to live in?

The arguments for our form of justice have been made clear. Some functionalists point to the power of incarceration and deterrence as a justification. I cannot argue against the principle that incarcerating someone will keep them from harming people in the future, though I do ask if there are any alternative routes to the same results. As someone without a criminology background, I can also not effectively argue that our penal system does not serve as an effective system of deterrence. However, popular support for our punitive justice does not come from belief that punishment prevents future crimes.

No, we punish people to feed our insatiable desire for revenge, to get people back for what they did wrong. When asked who the main beneficiaries of our justice are, the answer is most often the victims. Only rarely does our justice system restore to the victims what was lost. Instead, they are guaranteed the "peace of mind" that retribution is supposed to ensure. We act as if the pain of the perpetrators will somehow bring benefit to the victims or to ourselves. People say punishing the perpetrator is supposed to make us feel closure.

It really just makes us feel good.

Let us take another look at justice and our administration of it. I am not calling for an end to punishment. It might have its place in a new reformed justice system, but as a means rather than an end. We should do all we can to create a safer America. Perhaps this means rehabilitation rather than imprisonment or prevention rather than retribution. It might mean trying to better the lives of criminals rather than destroy them. A complete overhaul of our justice system might even be necessary. But let us not focus on justice as a need that must be satisfied. We all want a better world for our children. We shouldn't let justice get in the way.

Travis Schulze can be reached at schulze.43@osu.edu.

Page 1 of 1

Article Tools