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Friday, April 8, 2016

Misunderstandings of Justice. The Issues with "White Bear" and the Modern Criminal Justice System.

        The concept of justice is an ideal that many of us easily accept and take for granted throughout much of our lives. From a young age, we form an opinion of what actions constitute justice by taking cues from our families, friends, entertainment, and media. Most of us agree that those who do wrong and hurt others should face punishment, but more often than not the actions that we consider "wrong" and thereby punishable by the law does not correspond to any system of logic grounded by morality.
        Take the Black Mirror episode "White Bear," for example. The story does an excellent job at portraying how society and public opinion can be objectively wrong about a system of justice, and this system more or less reflects our ideals of justice today. Make no mistake, the kidnapper and murderer Victoria Skillane is a reprehensible human being, but that does not excuse the short-sighted, crude, and misdirected vengeance that is taken upon an individual who has no recollection of who she is and what she has done. I'm sure that the onlookers rationalize their sense of justice by this logic: "She and her husband tortured an innocent girl who did no wrong and could not possibly understand why such a thing was done to her, so it is only fitting that we instill that same fear and dread in this criminal." This punishment is reactionary and hypocritical. The onlookers see it as justice since it is the body of a killer, but their actions resemble those of Victoria Skillane herself: they draw pleasure from filming the torture of an innocent mind, repeating it every single day. "An eye for an eye" cannot possibly apply to this system of justice, since it implies that the eye is taken from the perpetrator of the crime.
        That said, it is important that we respond appropriately to Black Mirror and quantify our current justice system by morality and the good that it does. Many people might assume that we are milder and more rational with our sense of justice, but I would disagree. If "White Bear" could be described as "a puppet's eye for an eye" then our justice system would be more like "a pound of flesh for an eye." 46.5% of the federal (not state) prison population is comprised of drug offenses, and 9.2% are serving for immigration violations. Additionally, around 160,000 people per year are admitted to state prisons for drug offenses, and black individuals are about 9 times as likely to be admitted for drug offenses than white individuals (despite population distribution of about 63% white and 13.2% black with proportionally equal drug use between the two). Who benefits from this justice? It certainly is not an effective means of discouraging drug use since drug availability and usage has gone up since the War on Drugs started. It certainly does not rehabilitate those who suffer withdrawal without treatment when incarcerated. It certainly is not good for society as a whole since imprisoning people for drug use and immigration simply wastes money and drives those who are affected to commit real crimes once they are released from prison.
        Justice is by no means objective as a whole, and we all have our own opinions of the severity of certain crimes and the correct means to mete out punishment. However, we must all agree that justice must accomplish at least 3 things:
 1. Punish individuals who knowingly cause harm to others.
 2. Discourage deviant behavior (crime).
 3. Benefits society.
         Our form of justice fails to meet these goals in many respects, and it can be said that it tends to favor the rich and marginalize the poor. Our justice is that of Thrasymachus who believed that it only exists to benefit the strong, and the issue today is that we do not acknowledge it as such. If we can criticize the justice portrayed in "White Bear," then we should be able to recognize the faults in our own sense of justice and resolve ourselves to work for justice that is able to accomplish these 3 goals and, as a result, create a better, safer society.

4 comments:

Unknown said...

I think you brought up a great point by stating our own justice system's problems. I agree that our system does not help with rehabilitation or benefit our society. The poor are certainly marginalized by our justice system. "White Bear" should inspire us all to want to change our system for the better before it gets out of hand.

Unknown said...

I completely agree with the points you have brought up in your post. Justice should be used to punish and rehabilitate people while working to benefit society. It is absolutely true that the justice system we have is surrounded around oppressive results. It's very hard for people who have bad records to keep jobs, which ultimately keeps them in this non-ending poverty circle. If our justice system worked to achieve results that will ultimately work to benefit society the justice system will be better and more productive. Which is what "White Bear" doesn't grasp; it doesn't support the fundamental points of justice that you have expressed, that I completely agree with. The punishment Victoria is receiving will not mold her into a person that will be able to learn the error of her ways, or be able to learn to be put back into society one day.

Anonymous said...

You can take the episode in whatever fashion you see fit, but one interpretation of their "justice," is in fact an overexaggerated "eye for an eye." The harm done to the little girl is reflected back to our poor lady. Their punishment is severe, and I'm assuming it is done this way to set an example for others.

By comparison, which society is better, ours or "White Bear's" is dependent on personal views. You stated our justice system is a ~pound for an eye, I have to disagree. Our system does steal time and opportunity from individuals who fall into jails, but "white bear," takes much more. White Bear changes a person's personality, and cripples mentality. Anyways, Good Read.

Anonymous said...

You can take the episode in whatever fashion you see fit, but one interpretation of their "justice," is in fact an overexaggerated "eye for an eye." The harm done to the little girl is reflected back to our poor lady. Their punishment is severe, and I'm assuming it is done this way to set an example for others.

By comparison, which society is better, ours or "White Bear's" is dependent on personal views. You stated our justice system is a ~pound for an eye, I have to disagree. Our system does steal time and opportunity from individuals who fall into jails, but "white bear," takes much more. White Bear changes a person's personality, and cripples mentality. Anyways, Good Read.