Justice denied..is our present system right?
By vanny
@vandana7 (100897)
India
December 23, 2011 12:14am CST
So I was reading this discussion of bingskee.
It was about a 20 years old who discovered that his mom was a pimp. And what were the options available to him.
Some said that the lady should be sent to prison. As per the current laws that is the right thing to do. But it got me thinking. What wrong did the boy do to lose his mother whom he loved? Nothing. But in the process, he gets punished, isn't it? How are the victims of the woman compensated by her going to prison? Again I felt they would be compromising and not really happy with it. If each one of those victims could kill that lady, they would still feel the rage periodically, and spread the pain around.
So my question to you is, shouldn't our legal system evolve to ensure that the victims start feeling better and can put the past behind them with greater ease? Shouldnt that be the compensation expected of the woman?
This is not the only incident in which I felt that we have some vague concept about justice. It may, of course, prevent future crimes by the imprisoned person. But it does not really help the victim. So how is the justice served?
3 people like this
9 responses
@vandana7 (100897)
• India
24 Dec 11
I think you understood what I wanted to say though I am not good at expressing it. Thanks dawny. :)
First - law says let no innocent be punished even if 10 criminals escape. Right? Buy here, it is the boy who is innocent. He loses his contact with his mother for no fault of his and no natural act deprives him of his mother. Moreover, he will be looked down upon for the rest of his life because people will call him the son of a pimp. Nobody will like him for what he is. So what can be become, a drunkard, a frustrated person, possibly taking to crime because the society does not think of his social and emotional needs. He is young, and has no partner to fall back upon.
Second - the victims. By sending the pimp to prison, how are we repairing the harm done to them? Even if we give whatever the pimp earned to these people, we wouldnt have really punished the woman. Once behind the bars, people tend to forget the matter. Few remember it after the person comes out. I am not saying she should be tormented or something. But she should be made to work hard and denied the same things that she denied others. It may sound a bit revengeful but our present system is not working is it? Has it stopped people from becoming pimps? No. They are taking their chances. Out of 10 we get hold of one or two. May be one of those gets away by bribing. So how does that system help Dawny?
Third - as you mentioned it is protecting the population from criminals. I think the prisoners become more hardened criminals once they get together. They have a comparison zone. If they find somebody who has done things worse than them, then they condone themselves faster. Hardly a deterrant I feel. Once outside, they can be more serious threat because now they are better equipped with the training they have come across.
@Professor2010 (20162)
• India
23 Dec 11
Vandanaji
We are following the penal code which our ex-rulers made for their benefit, there are many loop holes in it, which makes the culprits escape the clutches of law and order..
Let me tell you I filed a case in the high court 20 years ago regarding my career and promotion, the decision was in my favor, but the education department didn't accept it; next I filed a case 'contempt of court', it is running for more than 15 years, still undecided; the reason is funny-'there is shortage of judges'..
I say the present system is NOT right, justice delayed is justice denied.
thanks for this nice discussion.
Best of luck.
Professor
1 person likes this
@vandana7 (100897)
• India
23 Dec 11
Yes. I agree. I think periodically the society changes. So we need to scrap the previous laws and rewrite fresh laws. What may have been wrong in the past may have become right now, and what is wrong now may have been right back then. We should not hesitate to rewrite the system if we want to evolve as better people. That includes constitution. And the archaic methods of imprisoning are really no good now with human rights people having added so many luxuries to them. Moreover, we know that prison guards can be bribed. So where is the real punishment for the woman. She would be as comfortable in as she was outside. I think we as a society should either make her go through similar humiliation or make her slog till the lives of all those whom she harmed get repaired. I am sorry that you should have to wait for so long. But eventually, when the verdict comes, will you and your children be reasonably compensated?
1 person likes this
@chiyosan (30183)
• Philippines
23 Dec 11
Justice is when the wrong doer is punished for the deed done that has caused pain, suffering, material things, or even a life. Victims way of moving on varies - and it is them who will say exactly how long they will be able to cope and move past the grievances.
@vandana7 (100897)
• India
24 Dec 11
The victims have lost self respect = me losing some gold
I am given back my gold when it is recovered. Can we give back the victim that self respect? If not, how can we mitigate the pain. Sending the person to prison is foregone conclusion. Even the thief who steals my gold goes to prison. So how can the punishment for two entirely different crimes be the same?
@SpikeTheLobster (6403)
•
23 Dec 11
Justice (and law, which is a different thing entirely) is not designed to "be nice" to a criminal's family or the victims. Break the law, pay the price. That's justice.
If the woman doesn't care enough for her family that she's willing to risk jail time, that's her problem, not the legal system's. It is not the legal system's responsibility.
That said, it is society's responsibility to see that the victim is dealt with appropriately. Then again, surely it was society's responsibility to see that the mother didn't end up thinking being a pimp was a good idea?
@SpikeTheLobster (6403)
•
23 Dec 11
"What is the price in this case?" - that's a question of law, not justice. Whatever the legal system says is the price, is the price.
As for the son, justice would come from being re-homed in a better place with foster parents who actually care and who aren't criminals. Social justice as opposed to legal justice.
As for society's responsibility, I don't know: I wouldn't say society is responsible. In many ways, her parents probably were. If she'd been educated to understand that being a pimp meant she's scum, she probably wouldn't do it. But then, are her parents' morals a result of society? If you go far enough, you can blame anyone.
Personally, I believe in slapping criminals HARD. She broke the law, she pays the price. If the legal system says the price is prison, so be it.
As for whether prisons should be soft or hard, that's another issue entirely.
@vandana7 (100897)
• India
23 Dec 11
Actually it was your comment that got me thinking. :)
So you said break the law, pay the price. That's justice. Aw..where is she paying the price Spike? What is the price in this case? I would say repair the harm as far as possible is the price always. Now, in this case, she'd go to the prison and in about a month's time she would get habituated to her new routine. All this would be forgotten. Is that all you think she should be paying? I am not asking you to condone her. Not at all. I am more merciless than you are. I want her to face the same barbs as innocent ones must have faced. I want her to learn to live with them and understand others plight and put in efforts to correct the situation rather than get away so easily.
And the mercy I was expecting was for the son, who is completely innocent in this picture. He is much too young to face this and understand its implications.
Society is responsible for her ending up as pimp. Yeah, we need to take the blame upon ourselves as well. The present system is obviously not working otherwise she would not be a pimp and so also many others. So we need to review it. By forcing her to earn enough for those girls would turn the tables on her. That is what I want. I think that would work well as deterrant.
1 person likes this
@vandana7 (100897)
• India
23 Dec 11
And once the person is sent to jail, society washes off its hands about victims. At least, out here, that is the way things are.
And in prison, these days, we have everything. They have televisions, computers, cell phones. Thanks to human rights. So does it serve the purpose?
@thesids (22180)
• Bhubaneswar, India
23 Dec 11
Hi Vandana
shouldn't our legal system evolve
Of course... Everything is changing... From Facebook to the YouTube to even MyLot... and so should the laws and the legal system...
But...(always love this, dont I)What will that change bring about unless our mindsets changed and grew positively? We still keep getting the same "How do I earn money on MyLot"... kind of things again and again... no matter what and how many take pains to tell them... Same with the legal and other stuff
@LifeOngoing (129)
• United States
23 Dec 11
Justice is not the same thing as revenge. Justice is about punishment and correction. If the person can be corrected (I'm not sure what the right word is here) then at some time in the future that person is allowed to rejoin society. If it is determined that a person could never be a constructive member of society then that is where you get life sentences. Your actions determine your punishment and period of correction. The laws set the punishment for people found guilty of crimes. Maybe more people should get involved in law-making?
Having said all that, I don't personally feel that anger and revenge has any place in the justice system. If the victim is allowed to kill the person at fault, we'd have just created a killer. And it won't have accomplished anything but satisfying the victim's rage.
@vandana7 (100897)
• India
23 Dec 11
I beg to differ. Justice is about being just. So if I take something from you, without your permission, then you have a right to recover that from me. Merely sending me to prison wont serve the purpose of justice, would it?
You see in this case, the victims will lose touch with all their loved ones. They are forced to live a life they dont really want but cannot change easily because they are recognised by one person too many. So their hurt is much deeper than merely sending a thief to the prison. Law needs to recognize that.
Punishment is something that should work as a deterrant. After 10 years when the pimp comes out from prison, nobody would be talking about this case. She could get on with her life incognito but the victims would still be struggling to shake off the stigma. How then is the punishment right in such case.
I agree that more people who understand the matter in depth should be involved in law making. As to anger and revenge - I am of the opinion that without that sort of action the pain in the hearts of the victims is unlikely to subside. I am not for killing. But my reason is that victims will have periodic bouts of self pity and everytime they face that they would need the punch bag. If the pimp is killed they would be denied that satisfaction. So I am not for that at all. On the other hand, I would force the pimp to work day in and day out and earn monies which would be sent to these girls. Something like that. It should scare people to be identified as pimps. Pimps should not be allowed to wear good clothes. They should not be allowed to sit in any restaurants or other public places. They lose their rights to use public transport. They should have to pay more for their daily needs. Something like that perhaps. I am not yet sure. But the present punishment is certainly way below the requirement.
@Hatley (163776)
• Garden Grove, California
24 Dec 11
hi vandy butif the pimp mom is allowed to go back and raise her child will she be a good mom since she was into evil practices
and whats to stop her from continuing where she left off? If shr is a rotten mom as it looks to me like she may have been would not her son, be better off with a decent foster mom.Now as I am an American from the US I am thinking along the ines of own countries rules. I feel though if she turned to pimping even though she had a young impressikonable child , a son, to raise why if not imprisoned would this make her change into a good mom?I know you are looking at the son as being made an unfortunate victim but is that not what he is anyway with a mom who pimps for a living? I think she should have to serve a prison sentence short term but have to prove she will not resort again to pimping before she can again be a mom to her son. somewhere in all this she has has to be judged for her victims and for her son too, for her I have no real pity.no mom should ever resort to pimping as a livelihood tp raise her child boy or girl.When she resorted to pimping she was not concerned for teaching good morals to her child so how could she be a good mom? My problem is I am used to our American legal system and you are talking a very different leagal sysetem. oh oh he is twenty,so now I feel she must be punished as she has broken legal and moral laws. She has no right now to be is life. She made her bed so let her lie in it.
@vandana7 (100897)
• India
25 Dec 11
No Hatley, I never said she should be allowed to raise her child. But I did say that she has to remain outside the prison. In this case, her son is pretty grown up. So he should not be looked down upon by the society notwithstanding the fact that he is her son. So there should be laws that prevent teasing or discriminating such a person because he is innocent.
Second thing he has done no sin so he has all rights to stay with his mother or be there for her. However, she should not only lose all her possessions, but also rights to own anything in future. Therefore, she has should have no rights to stay in a house that is larger than the prison cell, even if it is her son's earning. She should have no rights to watch television, no rights to attend parties, no rights to wear good clothes, and a big list of no rights. She should have to manage her living within 1/10th of her earning, even if it means starving. Her son has no rights to contribute unless he is willing to live within 1/10th of his earnings. She should be made to work hard hatley. Merely sending her to prison hardly does that. People should see her suffering and get scared to become pimps. People dont really know how she is suffering behind the bars, do they? Other criminals might end up teaching her a few tricks which she is more likely use the next time. So I do feel that 90 percent of her earning should be distributed amongst her victims for the rest of their lives. Because their entire lives are spoilt. I am a bit cruel, but I do feel by sending her behind the bars, we are not really repairing the harm done to the extent feasible.
@shibham (16977)
• India
23 Dec 11
Well aai...
I dont support some laws of our country. Say, in case of assam, most pregnant women were thrown to jail in several cases and they gave birth babies inside jail. So, it may create some bad impacts on those children's future carrier.
Here, some women used to be pimp and arrested too but why are they? they are not using other girls against their wish. They are willingly involved in this field. So giving punishment to a pimp cant recover a society.
have a nice time.
@globaldoc (858)
• Philippines
25 Dec 11
The truth is, justice delayed is justice denied. She committed a crime during the time when such acts were already punishable by law. Age should not be a reason to justify her. We can never tell, as perhaps maybe it can also be possible that other families got broken out of the women she pimped, We can never tell. Well, that is the sad truth.