I have been mulling over crime and justice for a long time. I know about the “Broken Window theory” and also know that it actually does bear fruit as seen in New York. Some studies recently proved that something as simple as grafitti on a postbox could affect levels of crime.
I hear regularly that “speeding is not a crime” OR “Everybody is doing it so how can it be bad?”. A culture of lawlessness is being created because of a lack of respect for the law. It is my belief that this lack of respect from the law can be destroyed by better management of crime control. I also theorise that certain laws have less “criminality”than others. This is evidenced by the current legal system.
Speeding and traffic offenses are very low on the criminality scale. There is rarely imprisonment for breaking these laws. The punishment is usually a fine, a monetary loss, which many drivers actually budget for. Stealing a loaf of bread can lead to more severe punishment than speeding at 60 km’s over the legal speed limit.
I find it odd that robbing a bank is likely to get you a harsher sentence than raping a child. It is beyond my understanding that Judges have given child rapists sentences as little as three years because the child was “not harmed”
The first part of this process will be defining the criminality of the crime and then discuss punishment punishment and rehabilitation of offenders. I think crimes need to be classified into three categories.
Community Service and Training
The first category would include first offence minor crimes, traffic offenses and misdemeanours. Minor crimes would include first offences only, repeat offenders would be upgraded to intermediate crimes. The kind of thing I am thinking here is petty crime, Shoplifting, Littering, Speeding, Drunken driving, Smoking in areas where it is not allowed.
It is my belief that at this point we are not dealing with hardened criminals and that prison is not the solution to the problem. Prisons are training grounds for these petty offenders and give them the skills and knowledge to become repeat offenders. At this point guidance and rehabilitation is required. It is my belief that all first time petty offenders should be subjected to community service and rehabilitation training.
A compulsory training structure needs to be created where these offenders will be taught how their offenses affect those around them (rehabilitation). Combined with community service (punishment) where the offenders will do tasks that could be related to their offense (ie: Drunken drivers cleaning hospital floors and walls, doing bedpan duty or Litterbugs cleaning up the streets and rural areas)
This would also make more space in prison for the real criminals. It is my belief that the minimum 3 month sentences that are handed our for petty crimes will be eliminated.
It is my belief that a monetary fine has no real affect as punishment, Spending hours in a classroom and days in community service will definitely sway the petty offender to being more considerate of his fellow man, specifically if he or she is aware that the next step will lead to incarceration.
Should any offender fail to attend classes and or community service, They are automatically sentenced to the next category at a minimum sentence of six months.
Rehabilitation
With no exceptions repeat offenders should serve time in a rehabilitation center. The next level of criminality would also be included here. This would be crimes at the level of House breaking, Theft without fire arms, Car theft etc.
The minimum rehabilitation would be six months, this would apply to petty offences or first time offenders in this grade of criminality. A maximum sentence of 5 years would apply. Incarceration would be not be in the traditional sense. These offenders would spend nights in a formal house of detention and spend days working in the community under supervision.
Trained individuals should be “indentured” at places that can use their skills. Doctors at hospitals, Lawyers at legal aid clinics, Mechanics servicing vehicles for government departments. Untrained individuals would be “apprenticed to trained people so that skills can be passed on. It is my belief that people with the ability to earn are less likely to reoffend.
While these individuals are working in public they should be tracked with bracelets and always wear a uniform. Any escapee will be automatically upgraded to the next category. Reoffenders may be sentenced to second term of rehabilitation. The practice of three strikes and you are out should be enshrined in law.
Major offenses and three strikes
Three strikes should lead to a minimum term of 5 years which would also be the minimum sentence for crimes against people. Corruption, Misuse of trust, Armed robbery, rape murder and similar crimes would have minimum sentences. Rape 20 years, Murder 25 years, no exceptions.
This category of offender is considered high risk and should be treated as such. These prisoners would be under armed guard and when working be chained together. Every prisoner would be allocated to a team and these teams would do hard labour. Jobs such as resurfacing and repairing potholes, Clearing invader bush along the roads.
In this category rehabilitation is not an issue, Punishment is desired by the people and these people will pay their debt to society. Any prisoner in this category also loses his right to Vote.




