[quote author=Judge Jules link=topic=46360.msg1383598#msg1383598 date=1313915633]
I find myself somewhere in the middle of this part of the debate.
On the one hand I have to disagree with the notion that justice is meant to be viewed from the perspective of any person or group of people, whether victim(s) or not - it's not for nothing that the statue of Justice on top of the Old Bailey in London is blindfolded. Personalising the criminal justice process is something I consider not only wrong but dangerously so, as it turns "justice" into a code-word for "revenge". IMO society's interests are indeed (or should be) the overriding consideration.
Having said that, I do think prison needs to include deterrence among its various functions and I'm not satisfied it does so enough currently. I do think there's an argument for saying that the prison regime in the UK has moved too far away from that approach. And here's a point seldom made in this discussion, but one which I think is significant - many criminals who lacked discipline in their upbringing actually come to be grateful for it when it's applied to them, even if they kick against it for a time.
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They were having a discussion about this on Radio 4 a while ago - and they interviewed 2 young lads who'd both served short prison sentences.
For one of them - a guy who was just your average bloke that had gone out one night, got pissed, got into a fight and beat somebody up - he said it had really turned his life around. Luckily for him his work were understanding and didn't sack him, and it acted as a wake-up call that he'd been going out too much and drinking too heavily. The prison experience had been traumatic, scary and showed him a path he didn't like the look of. It basically gave him a kick up the arse and made him sort his life out - so for that kind of person it can definitely have benefits.
However, the other lad was not your average bloke, he'd had all sorts of problems as a kid, family stuff I think, been kicked out of school, taken into care and all that malarkey. He'd been in and out of trouble throughout his childhood/teenage years and been through the system many times. From being in prison he'd graduate from petty crime to harder stuff, learning the ropes from some of the other people inside and almost being apprenticed in crime.
When he left prison he had to contend with getting a job (impossible), paying rent (unable to), bills (unable to) and generally being a part of a society that rejected him at every turn. Naturally he returned to crime where - not only was he now skilled thanks to all the training he received, he was also accepted. Accepted by the other criminals, but also accepted by a system that took away all of the worries and strife of existence - he had a job, he had a roof, he had two square meals a day . . . he didn't have to worry.
Like you say - the discipline is something they can learn to appreciate. Getting up at a certain time because they have to, eating at a certain time because they have to - for some people prison runs their lives in a way they are incapable of themselves.
Now, it's easy to stand here and say "Well, it's obvious prison is too soft! We should make sure that prison doesn't pay!" - but how? Don't feed them? Make them sleep outside? It's all very well taking this hardline approach, but ultimately you've got to look at what's best for society as a whole and realise that as long as these people are kept on the fringes they will continue to perpetuate the same cycle.
If they can truly be rehabilitated and re-introduced into society so that they can become a contributing part of it and actually feel a part of it - then we're heading down the road of showing them that it pays better to live within the law than outside of it. If all we keep doing them is punishing them for being bad and then ostracising them from society and removing any opportunity to be good, it's just gonna keep going, and going, and going . . .
Yes, I totally agree prison should be a deterrence, but also leading a good life should have an incentive - I'm not saying it isn't there for any of them, and obviously they have to take the vast majority of the responsibility for their own lives, but it's in all our interests to make it as easy as possible for them to be a normal functioning part of society, rather than making it easy - if not inevitable - to return to a life of crime