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Alternative sentencing is also called "creative justice".
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The pen name Mark Twain came from_____
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(20)
Creative Justice
The Ancient Method of Punishment
Throwing criminals in jail is an ancient and widespread method of punishment, but is it a wise one？ It does seem reasonable to keep wrongdoers in a place where they find fewer opportunities to hurt innocent people, and where they might discover that crime doesn't pay. The system has long been considered fair and sound by those who want to see the guilty punished and society protected. Yet the value of this form. of justice is now being questioned by the very men who have to apply it—the judges. The reason, they say, is that prison doesn't do anyone any good.
The Alternative Sentencing
Does it really help society, or the victim, or the victim's family,' to put in jail a man who, while drunk at the wheel of his car, has injured or killed another pemon7 [t would be more helpful to make the man pay for his victim's medical bills and compensate him for the bad experience, the loss of working time, and any other problems arising from the accident, ff the victim is dead, in most cases his family could use some financial assistance.
The Idea of Compensation
The idea of compensation is far from now: some ancient nations had laws defining very precisely what should be paid for every offense and injury. In Babylon, around 2,700 B. C., a thief had to give back five times the value of the goods he had stolen; in Rome, centuries later, thieves only paid double. "Good system!" say modem judges, who know what bad effects a prison term can have on a nonviolent first offender. A young thief who spends time in jail receives there a thorough education in crime from his fellow prisoners. Willingly or not, he has to associate with tough criminals who will drag him into more serious offenses, more prison terms -- a life of repeated wrongdoing that will leave a trail of victims and cost the community a great deal of money; for it is very expensive to put a man on trial and keep him in jail.
Other Kinds of Punishment for "Light" Criminals
Such considerations have caused a number of English and American judges to try other kinds of punishment for "light" criminals, all unpleasant enough to discourage the offenders from repeating their offenses, but safe for them because they are not exposed to dangerous company. They pay for their crime by helping their victims, financially or otherwise, or by doing unpaid labor for their community; they may have to work for the poor or the mentally ill, to clean the streets of their town, collect litter or plant trees, or to do some work for which they are qualified. Or perhaps they take a job and repay their victim out of their salary. This sort of punishment, called an alternative sentence, is applied only to nonviolent criminals who are not likely to be dangerous to the public, such as forgers, shoplifters, and drivers who have caused traffic accidents. Alternative sentences are considered particularly good for young offenders. The sentenced criminal has the right to refuse the new type of punishment if he prefers a prison term.
The Application of "Creative Justice"
Since alternative sentences are not defined by law, it is up to the judges to find the punishment that fits the crime. They have shown remarkable imagination in applying what they call "creative justice".
A dentist convicted of killing a motorcyclist while driving drank has been condemned to fix the teeth of the poor and the elderly at his own expense one day a week for a full year. Another drunk driver (age nineteen ) was ordered to work in the emergency mom of a hospital once a week for three years, so that he could see for himself the results of careless driving.
A thief who had stolen some equipment from a farmer had to raise a pig and a calf for his victim. A former city treasurer, guilty of dishonest actions, w
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