Trading Up: Moral Equivalence – Bigger Crimes for Smaller Ones

First of all, I admit, I was a late adopter of the expression, “moral equivalence.” I find it counterintuitive, it really means ‘false moral equivalence,’ right, ‘contrived moral equivalence,’ something like that? Or does it refer to people who really do think these disparate situations are actually equivalent? Whatever, let’s live with those questions, like they used to say in the “est” seminars. I’m a great believer that we need to juggle all these thoughts, all these balls need to be in the air at once, that we shouldn’t commit to any conclusions that could be wrong and then base our arguments from them. Everything should always be available for review in our minds, pending new information.

I think we all place the concept in the category of fallacious argument. Moral equivalencies are offered as justifications for behaviours that we all naturally intuit to be wrong, such as violence that is out of proportion to the behaviour that prompts it. Examples of moral equivalence may include:

  • A nation like Israel literally killing something like a thousand Palestinians for every murdered Israeli because the Palestinian Arabs WANT to kill all the Israelis.
  • A police officer literally killing a citizen in a fight that begins with an attempted arrest for a minor crime – of course, like jaywalking or operating a very small commercial enterprise without a license or without filing the taxes.
  • A law introduced that curtails the rights of large numbers of people based on statistically insignificant levels of a crime – like the voter ID laws.

Now, I know everyone is making the race arguments about these things, and of course there is racism, and classism, the poor always get the short end, and through long term, cultural racism, ‘the poor’ is pretty much synonymous with ‘blacks,’ at least in America. Fair enough. I just want to point out what seems to be slipping under the radar: the simple moral fallacy underlying all policing, and authority in general, and that is the magnitude of the crimes in these situations.

I think we can all see the cost and benefits of imprisoning murderers. Sure, forcible confinement is bad, an infringement of the prisoner’s human rights, but his infringement on the human rights of his victims is worse, so we feel justice is served. Perhaps not optimally, at least I don’t really think so, but close enough for this conversation. And so, if this killer resists arrest and dies in the ensuing fight, that’s still close enough to proper – of course, provided he really is a murderer, provided he’s guilty.

Morally, that is not so bad. Pretty good in a horrible situation. But that example should not be used to cover all arrests. That is some bad science, in fact it is probably one of these arguments of ‘moral equivalence’ to say that anyone who resists arrest for anything can be righteously killed. Race and racism aside, that is reprehensible, and defending that behaviour very correctly puts the defender on the wrong side of morality. This is a net increase in crime: murder for jaywalking, murder for black market cigarette sales.

That is the opposite of what we are paying police for.

Talk about ‘do as I say, not as I do!’ Here’s what you can’t do, and here’s what we can do – this is the very essence of inequality, inequity and anathema to ‘all men being created equal.’

So here’s what I think should happen: I don’t think that we should enforce these laws if it means creating a bigger crime than the one we’re trying to stop. So no corporal punishment for non-violent crimes, for jaywalking for illegal small businesses – verbal admonishments only. Counselling and reason, let them know that they aren’t holding up their end of the deal in our attempts to have a fair society. Perhaps for the subsistence criminal, we can find them some legal money to live on. This may involve reorganizing our social structure in such a way that doesn’t leave so many people out of the right side of life and the law, such as decriminalizing drugs and stopping the erosion of the government’s revenues for education and healthcare.

Maybe we could document these minor crimes, and use the information in court if the person does anything that really does require police and courts, so we could show a pattern of anti-social behaviour, make a case that some sort of intervention is overdue for the stubbornly anti-social and criminal people that abuse the system.

Pie in the sky, right? Madness?

So, the status quo seems reasonable, then? That minor crimes should be punished corporally, with a forced trip to jail and possibly prison, something that would motivate the offender to fight for his life and turn our attempt to correct small crimes into deadly street battles instead? Please don’t take this the wrong way, I don’t blame everyone. It’s been complicated and confusing for so long, but that’s . . . crazy. All infractions of the law do not need to be enforced.

In fact, of course, all cases of breaking the law are not enforced now. How many crimes of the rich, the bankers, and the leaders are not punished? Of course, the crimes that are detected, solved, prosecuted and punished are far fewer than the actual instances of crime and always have been. In this way, criminal punishment has always been unfair and random. That perhaps bears repeating.

Criminal punishment has always been unfair and random. That being the obvious truth to any thinking person, and being that improving the consistency in catching and prosecuting is unlikely and possibly not even desirable – most of us think we’re close enough to the dystopic police state of our nightmares now – maybe we need to think about going the other direction. Simply not arresting and prosecuting the poorest people for minor crimes (again, drug laws come to mind) – not going after the lowest hanging fruit with the intent of violence and forcible confinement – could well be our best way to increase the consistency of our law enforcement, and therefore the general fairness of our society.

This could be one way that the police could gain some real respect and trust in the poorest communities – I mean, this wouldn’t be huge, much crime is violent crime, and I’m not advising we ignore those who would victimize others with violence – but this is exactly the point. Victimizing others with violence is exactly what the police are doing when they come to arrest and imprison people for minor crimes. If this is what cannot be changed, then talk of community trust and respect is empty blather. And deeply cynical too.

To say to people –

“We want to work with you, to establish a partnership, based on trust and mutual respect, based in understanding. We acknowledge that we are here to serve the community, to work for a greater peace and a better life for all – “

– while still maintaining that we intend nonetheless to come to your house, overpower you and throw you in prison for not paying your parking and court fines? That is deeply schizoid for some of us and downright cruel and cynical for some others. Either way, it’s . . . crazy. Again, violence, kidnapping and forcible confinement for minor crimes – that is a net increase in the level of crime, and it’s the very opposite of what the general population is paying the police to do.

Morally, arrests and the associated force and violence are worse than jaywalking, street level black market dealing, avoidance of legal and traffic fines, and drug possession. That is what I’m saying. This isn’t moral equivalence. It’s a total inversion.

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Law and Order – the Irony of Deterrents, Part 2

 

I’ve just re-read my first post by that name, and I couldn’t help but notice that it’s terrible. So this isn’t going to be so much ‘Part 2’ as version 2.0. Steven Pinker keeps Tweeting about how writers need to remember that they’re the ones talking, and that we should lay it all out and not hope that our readers already know everything we’re trying to say – and boy, he could have talking to me alone. So with that in mind I’ll try this again.

 

  1. The Damages of Punishments.

 

There is a terrible irony that happens when we attempt to solve society’s ills through punishment. The science is in regarding abuse, and also regarding corporal punishment: these things are causing many of our ills.

Crime, high-risk behaviour and self-harm, addiction, depression, cognitive impairment and poor grades in school, all these and more have been shown through study after reputable study to be higher frequency issues for those who are documented to have suffered abuse and/or corporal punishment in their lives.

Let’s also admit right here the truth obscured by a ubiquitous fallacy: all serious punishments are corporal punishments. We don’t volunteer for our punishments, and when we choose to take them, it’s because they are going to be forced upon us physically if we don’t. Punishments are not optional, and force is “corporal,” ultimately. This means that the list of negative outcomes above is the result of punishments, no qualifier like “corporal” is necessary, and in fact, any qualifier is detrimental to the truth. There is no type of punishment that doesn’t ever cause damage, because there is no type of punishment that isn’t intended to. That’s the whole idea, isn’t it?

We harm so that the person we are punishing changes their behaviour in order to avoid the harm. If it doesn’t harm, it’s not a punishment, by definition. In the best cases, the prospect of the harm is enough and bad behaviour is avoided before it occurs – but we’re not addressing deterrents just yet.

That list of negative outcomes above – oh, let’s repeat it: crime, high-risk behaviour and self-harm, addiction, depression, cognitive impairment and poor grades in school – not a complete list, of course, that suite of damages has been shown, statistically to be more common in people who have suffered abuse and corporal punishment, that is to say, these effects are caused by abuse and corporal punishment.

Let’s stop there for a moment, and ask, what else causes these things? Certainly medical conditions like Foetal Alcohol Syndrome and any number of brain mis-developments or diseases add their effects. I won’t argue, it may be impossible to separate FAS from other factors in an abusive and punishing population, but surely we see these outcomes in many people who are known to have no serious medical causative factors or syndromes associated with parents’ substance abuse. Of course there are serious traumas, war and natural disasters, heinous crimes, no denying that, but these aren’t likely to be an explanation for most of the people suffering these negative outcomes either. Genetic predisposition perhaps, perhaps Original Sin or its evolutionist cousin, our animal natures?

As to genetics, I expect the science is coming, the statistics may show something in the coming years; I’ll wait for the studies. As for Original Sin, I won’t hold my breath. Those statistics aren’t coming, ever.

What I’m getting at here, though I won’t presume to put a percentage on it, or even to say it’s the majority (even if I suspect it is), is that abuse and punishment are a major cause of the long list of personal damages that so many of us suffer from and that the more punished and abused of us tend to suffer from more, in proportion. Statistically.

And now to deterrents.

 

  1. Deterrents – the Calculated Risk.

 

Simply defined, a deterrent is the designation of a punishment intended to turn us from crime or misbehaviour; a punishment administered after the misdeed is intended to teach a lesson the hard way, while one that stops the behaviour before it starts is referred to as a deterrent. The threat or promise of a punishment, we hope, will avert the bad behaviour before it happens.

For a deterrent to be effective, at least one of several things must happen. A deterrent forces the subject to make a cost benefit analysis, so first, the cost must be more than we want to pay, that is the cost – the punishment – must outweigh the benefit of the crime in order to deter it. Second, the cost must be certain enough to force the analysis – meaning the punishment doesn’t matter if we don’t think we’re going to get caught, if we think we’ll never have to pay. If it were only the first condition that mattered, things would be simple – we would only have to insure costly punishments and deterrents would work. That’s not the case though; there is almost always some variable chance of never having to pay, and so deterrents are a gamble.

Depending on our perception of our chances of being caught, the strength of a deterrent is increased when the cost is increased, that is, when the punishment offered gets more severe. For the second condition, as the certainty of being caught increases, so too does the power of the deterrent. So this is the question for a person contemplating a crime, or a child considering being “bad:” what is the penalty, and will I be caught? If the penalty is painful, and the odds of getting away with it are low, and the person is not otherwise compelled to ignore the risk (a third condition, that external circumstances do not make the likelihood or severity of the penalty irrelevant), the deterrent will work. Again, this is the analysis from the criminal’s, or the naughty child’s point of view.

But we, caregivers, we, society, we have an analysis to make too, regarding costs and benefits.

 

  1. The Bets We Make – Un-calculated Risk.

 

When all goes well, when the conditions are right and the deterrent works, then that’s great. All well and good, or close enough, anyway. Let’s just say that if deterrents worked all the time, I wouldn’t be complaining. Of course they don’t, so the complaining will continue. If they did, we wouldn’t all have been spanked and grounded as children and the prison industry wouldn’t be such a growth sector.

It’s when the deterrent fails that’s the problem.

When either the punishment offered isn’t scary enough, certain enough, or when there is something scarier that will happen if we don’t commit the crime and the deterrent doesn’t work, then we have another choice: punish or let it pass. Of course, any parent or anybody else will be quick to tell us we can’t just let it pass. That would be the end of deterrents instantly. So when the deterrent fails, we punish. For what happens when we punish, I’ll refer you back to Section 1: higher incidences of crime, high-risk behaviour and self-harm, addiction, depression, cognitive impairment and poor grades in school, etc.

So this is the gamble, the bet we make. We designate a punishment, hoping for the deterrent effect, and all too often wind up punishing instead, causing the aforementioned damages to our criminals, and to our kids. When we lose this bet, we instantly transition from being the good folks who would make the world a better place by stopping bad behaviour to becoming the cause of so many of the world’s ills instead. Of course this is a multigenerational gamble. “Our kids” means us. This is the gamble, but make no mistake, no-one wins the game. This is one that we lose often enough that the wins are nearly meaningless, because the damages that come with losing aren’t balanced out by the mere absence of trauma that is the prize for winning.

Defined as a joke with the power to make us cry, this is irony: a logical joke, but a sad, sad reality. This is the deeply ironic fallacy of deterrents.

If we believe in our deterrents, but see crime remains, or increases, we may think the deterrents need to be stepped up, the penalties intended as deterrents worsened . . . and this only increases the damage, and doubles the horrible irony of our public policy. This is what is offered by our Law-and-Order politicians, more damage, and therefore, among other social symptoms, more crime. (I’m looking at you, Stephen Harper.) This situation is of course more heartbreaking when we do that with our parental discipline, when we increase the stakes on our children, in this game that we can only lose to a greater or lesser degree, this game where there is no winning.

I know deterring crime, deterring bad behaviour, it sounds positive. If it worked every time, if the bad behaviour was averted one hundred percent of the time, it would be – but it doesn’t. Again, I’m not going to put a number out there, I won’t even presume to say that the deterrent fails more often than not. Clearly it fails often enough; punishments are not rare, by any measure, and neither are the sorts of damages punishments have been shown to cause. I repeat: deterrents fail often enough, and damaging punishing inevitably results. There is no winning these bets, only degrees of losing. Punishing damages people, and our wish that bad behaviour can be reliably deterred is back-firing. Our chosen method to solve crime and misbehaviour is what is causing it, and not the other way around.

If this is not heartbreaking to us, we can consider that we have been desensitized to it. There is only so much horrible irony a person can take before we just switch off. It’s the system, it’s not our fault.

That doesn’t mean it’s not wrong.

 


Punishment is for Animals

Although I’m sure Temple Grandin will disagree.

But it’s definitely not for people. People – adults, anyway – can communicate. Even without a common language, people can communicate well enough that they shouldn’t have to resort to just hitting one another, or confiscating each other’s possessions, to make a point.

Punishment is a last resort, or it should be. Punishing a human being is the end of communication, it’s where we say ‘I’m done talking to you, have THIS instead.’ The implicit breach of personal trust and caring that comes with every act of punishment creates the situation for the next one. Once we’ve abandoned communication and resorted to physical aversives or “non-physical” aversives that are supported and facilitated by either physical means or intimidation, we’ve lost the better options.

When talking fails and we punish, trust and love are then horribly compromised, and non-communicative means are all that’s left. Punishing destroys trust and communication. Punishing is a self-perpetuating cycle that once begun, becomes nearly impossible to stop.

People think it stops, we think that our non-physical punishments are working. Children do respond to the training, and it does become possible to control them with verbal commands, but this is based in the physical, non-verbal methods used previously; non-physical punishment is really only “previously physical” punishment. It relies on past experience of physical means. It relies on intimidation. I think there is the very real danger that the actual physical training occurs in private, when we’re home alone with our babies and toddlers, and then we get to later parade our well-behaved children about in public, displaying our non-physical mastery of them, and we all get to pretend that we have good, communicative relationships with our kids. It all looks very civilized – as did dinner with the Queen and her court, back in the days of the British empire, but empire is not achieved by good manners, and neither are well trained children.

Of course, we are not fooling ourselves and everyone around us on an individual level. This farce is inter-generational; the blindness we bring to our non-physical punishing is not conscious, it is repressed. It is blindness forced upon us as children and not acted out so much as re-played when we are adults. No-one is to blame.

If you can get past our feelings shouting this idea down, if you can look at it dispassionately, and focus on the logic, you’ll see I’m right.