Cowboy Confessional

I wish to pitch a possibly novel notion in the realm of criminal justice. And by “criminal justice” I do not mean incarcerating congress.

The concept is pretty simple. For a certain set of despicable crimes, require convicted felons to earn their way out of prison. In other words, life behind bars until they can prove they are acceptable in society. Let’s call this doctrine “Secured Until Civilized” for sake of a catchy moniker.

First, let’s not confuse the plan with the quaint and ineffective policy of “time off for good behavior.” This sorry substitute for instilling self-discipline simply states that you can get out jail earlier than scheduled if you act in a minimally acceptable fashion. This merely encourages short-term pacification while instilling no form of rehabilitation. Ex-cons say that they survive confinement by doing their stretch “one day at a time.”  This proposal disables their gambit by turning every day into forever.

Nor is this proposal is another form of parole. In modern times, the word “parole” has become synonymous with “dysfunctional.” Parole guidelines are lose to the point that any two parole boards would retain and release the same prisoner. And the guidelines for parole rarely have anything to do with actual rehabilitation, instead providing an escape and clean getaway for those who manage to sound apologetic and avoid shanking other inmates for a few years.

But what if eventual release depended on demonstrating the internal discipline necessary to no longer be a burden and danger to decent folk? What if you knew that your only way out of the slammer was to manifest and document that you had rehabilitated yourself? Would the average convict — one who is mentally prepared to endure 5-10 years before returning to criminal endeavors — change their ways if bootstrapping virtue was the only way out?

This may be the most important question we can ask. Statistically we know that most violent crimes are committed by repeat offenders, and the recidivism rate for lesser crimes is high — around 60%. Keeping thugs in jail reduces overall crime rates, and keep bad influences away from impressionable kids (or as politically correct curs prefer, “at risk children”). High re-incarceration rates indicate that current sentences are lackluster deterrents, and nothing in the modern penal system seemingly instills the necessary rectitude for cons to live harmoniously with the rest of us.

Without doubt pantywaist politicians and criminal defenders (if I may be redundant) will claim this is cruel and/or unusual punishment. A more false argument would be difficult to devise without the aid medication. We already commit people to life in prison without any chance of commutation whatsoever. A similar sentence with the possibility for release is certainly less cruel. The only thing unusual about this scheme is that it puts the onus of rehabilitation on the convict. It would require him to develop the fundamental social and work skills required to be a functional adult, which is all we demand of our own children.

Two open-ended questions remain — what crimes would justify this sentence, and what are the criteria for demonstrating rehabilitation? On the former, certainly non-fatal violence (rape, armed robbery, etc.) would make the list, and given the flagging public acceptance of street crime, many more will be added.  It would also be an alternative to current “three strike” legislation that occationaly ensnares habitual criminals who commit less offensive crimes.  It could even be applied to my congressman given his voting record.

On the latter question, I doubt we could identify a one-size-fits-all solution (any woman who has tried such pantyhose will attest that this is a failed approach). But certain baseline demonstrations might include a minimal level of education in a marketable skill (G.E.D.s don’t count), reparations to victims and taxpayers, and community service on day-passes from jail (escaping while on leave would result in permanent lifer status).

In this world, everything you get is either a gift, earned, or stolen. Parole is a gift that soon breeds resentment. Stealing your way out of prison is not an option. That leaves earning outage, a plan that deserves at least a trial run.

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