This book provides a means of eventually solving two problems
which every state in this country finds itself facing -- crime
and prison overcrowding. It sets forth a complete system for
dealing with the entire spectrum of criminals, ranging from "first
offenders" to hard core, career, predators.
This is a pretty tall order; but, it's only impossible when we
insist on limiting ourselves to prison as the only meaningful form
of punishment we have at our disposal -- with the only alternative
being probation. When we add corporal punishments to this mix, we
gain the ability to begin lowering the prison population and making
the possibility of even a first conviction very unattractive.
Since time is fairly limited, in most interviews, it's usually
better to deal with the portions of the book which seem to attract
the most interest, which involve my advocacy of corporal sentencing
as an alternative to prison. I don't, however, like neglecting the
fact that it IS a three level system and, to really do the best
possible job in reducing both crime and prison overcrowding, the full
range of criminals must be addressed and all three levels are important.
Even if they are touched on only briefly, I like to give the following
information about each level and how it would be handled:
"Level 1" -- Those people who are now (for the most part) receiving
probation and other "accessories" such as community service, fines, etc.
Most of these people haven't fully committed themselves to crime; but
are "testing the waters." This is the group who can be the most easily
diverted -- if they find the consequences unpleasant enough.
"Level 2" -- refers to 1) very determined non-violent criminals; or
2) people who have committed violent crimes, but have not yet qualified
for Level 3.
"Level 3" -- career, violent criminals and people who are guilty of
capital murder.
At such time that the entire system were implemented, these levels
would be dealt with as follows:
"Level 1" -- corporal sentencing (with 2 to 3 days prior, and @24
hours after, being spent in an "isolation cell" being "worked" by a
"counselor" trained to break down the inmate's rationalization,
justification, and denial systems). Also, after release, the use of
accessories such as: community service, substance abuse treatment,
literacy and job skills training, etc.
"Level 2" -- Much higher levels of corporal sentencing, plus up to
2 years of 2-phase incarceration.
"Phase 1" -- a cross between "boot camp" and "chain gang"
"Phase 2" -- a more rehabilitative environment where the
inmate learns job skills, etc.)
Violent crimes would carry "points," based upon the seriousness
of the crime. These points would apply toward placing the person
into level 3.
This level would also include a mandatory 5 years of chemical
castration for first conviction rapists and child molestors; with
surgical castration for a second conviction.
"Level 3" -- death by lethal injection, preferably within
one year.
The first step in bringing this system about involves a four to six
year period of "Corporal Alternative Sentencing" (C.A.S.) programs to
establish both the effectiveness of corporal sentencing and to establish
sufficient precedent for more mandatory laws to stand upon. While the
8th Amend. in NO WAY banned corporal sentencing, the Dec. 9, 1968 8th
circuit court of appeals decision of "Jackson vs Bishop" (which SHOULD
have been a due process case) inappropriately labelled such sentencing
as a violation. Any defendant, however, has the (well established)
right to waive any other right... After several years of "waiver"
cases, opponents would have an extremely difficult time establishing
that more mandatory laws are either "cruel" OR "unusual."
Short-term benefits (during this C.A.S. phase):
1) The ability to safely free up prison bed space for more serious
criminals;
a) increasing the likelyhood of incarceration and driving
more people into;
b) reducing the need for early release of more serious
criminals;
c) freeing up tax dollars which would otherwise have to be
spent building new prisons, paying more prison guards,
etc.
2) Higher effectiveness rates for probationary rehabilitation
programs such as drug rehab. and allowing money to be diverted
to these programs.
3) Rather than being a drain on society, these people could be
returned to productivity -- increasing the tax base;
4) Establish precedent for more mandatory corporal sentencing
laws.
Long-term benefits --
1) Even a FIRST conviction would become VERY unattractive, thus
preventing many people from getting involved in crime in the
first place;
2) More money would become available for programs such as drug
treatment, early childhood education and nutrition, training
and jobs programs, etc.
3) Improved quality of life for everyone, especially for people
living in what are now high crime rate areas. (They might
even be able to get a pizza delivered, or find an all night
gas station without having to drive across town!...)
4) Fewer excuses for politicians to infringe upon our rights
in the name of "crime control."
5) Reduced caseloads for police, courts, and defense attornies,
reducing the rate of wrongful convictions.
It's impossible to fully cover it all in the course of an hour
long interview. People can obtain more information on my web site,
which is located at:
http://www.reducecrime.org
Or, they can order my book by mailing check or money order for
$17.95 (14.95 plus 3.00 for U.S. shipping and handling) to:
Kathy Renbarger
P.O. Box 7011
Edmond, OK 73083
A text only version is also available for $5.00 (for downloads) or
$6.00 (U.S. s&h included) on IBM 3 1/2 inch disk (in DOS .txt format)
It's usually good to point out that the book is 3/4 illustrative
fiction, for those people who hate to read non-fiction books.
My e-mail address is: fedup@flash.net I try to answer most of my own e-mail
and I speak to people on the phone at 405-722-3633; but, snail mail really has to attract
my attention to get answered, unless people provide me an e-mail address (friend's, etc.)
15 COMMONLY ASKED QUESTIONS
1) Why not longer prison sentences for "Level 2"?
A) After a certain point, people become adapt to the prison
environment. It becomes a way of life to them. By limiting
the time they spend in prison, and by returning to single
celling, the idea is to hinder this adaptaion and to undermine
the attitudes of the prison sub-culture.
2) What do you mean by the term "prison sub-culture"?
A) Prisons have a culture all their own -- a person's stautus
in this "community" is predicated on things such as what they
are "in for" (usually the more serious the better), how mean
and predatory they are, and how much they hate society. Any
vulnerability, any identification with the prison staff, and
any attempts to turn their life around are seen as "weakness"
or betrayal, and will increase the likelyhood that the person
will be victimized by the other inmates. These attitudes only
reinforce criminal behaviors.
3) Do you support caning?
A) No. I feel that caning is far more damaging than flogging
(whipping of the back). The idea is to establish real consequences
and to "get their attention" -- NOT to do long-term damage. Also,
I have a personal bias against anyone above the age of puberty being
struck below the waist. Most countries which use caning limit its
usage to males, because its use on females would open up a "can of
worms." I feel that any sentencing system which is gender, rather
than crime, based is inherently unfair.
4) You'd really support the use of corporal punishment of females?
A) Any system of sentencing which was based up gender would not only
be unconstitutional; but, very unfair. Besides, as primary care givers
to any children in the family, women (and their families) often suffer
more than men from incarceration. Substance abuse problems in a mother
have an even greater impact on their children than those of a father
(which are significant enough) and can result in children being born
into addiction. To exclude females would be ridiculous.
5) Why should taxpayers have to pay for rehabilitaion?!?
A) because when used effectively, it makes good economic sense and
the ultimate goal is to improve the quality of life for all of society,
not just the offender. The problem with such programs today is that
they lack any real teeth and are often a waste of money. Under my
system, this would change!
6) Variations of: "Isn't that torture?!?" "How can our society be so
cruel and still claim to be civilized?" etc.
A) What is "cruel" is that we (now) squander billions of dollars on a
system which only encourages people to adopt a criminal lifestyle and
refuse to really deal with them effectively while they are still
salvageable. This not only reduces the quality of life for society;
but, also, for criminals and their families.
Also, I believe the acute nature of corporal sentences is far more
humanitarian, in that it is applied and the person is then returned
to life. Prison, on the other hand, reduces the probability of a
successful re-entry into society and subjects the person to abuses
such as rape, servitude, and arbitrary beatings at the hands of their
fellow inmates -- especially if the person is not of the predatory
variety.
7) If these people are released through your "C.A.S." programs, won't
they just return to crime?
A) A few will; but, they are those who DEFINITELY would under our
present system. Most, with secondary and deferral waivers dangling
over their heads AND adequate opportunities to change, will choose to
change... These other waivers would effectively lock the person into
the new system. Deferred portions of sentences are subject to doubling,
and new crimes carry higher sentences. The majority will go to great
lenghts to avoid going back!
8) Won't flogging scar a person for life?
A) In most cases, no. Even in cases where it does, these scars are
not nearly as serious as the emotional, and often physical, scars
which people receive from being crime victims; or even from being
criminals in, or out, of prison.
9) By using corporal sentencing and the death penalty, aren't we
reducing ourselves to the criminal's level?
A) This is nonsense. A criminal inflicts pain and death whimsically,
arbitrarily, and without contructive cause. If society did so on a
similar basis, I would agree; but, that's not the case. Fact of the
matter is that you HAVE to deal with people on a level which they can
understand. It is pointless to try to teach a 3 year old child quantum
mechanics when they are on a level of one apple plus 2 apples equals
three apples...
10) What about people who are wrongfully convicted?
A) As much as I abhore the idea of people being punished for things
they haven't done, I realize that it will occassionally occur. Even
so, the person loses much less this way and, since they have no contact
with any other inmates, will often fare better overall... Also, I feel
there would be fewer wrongful convictions under this system, due to the
reduced case loads of the courts, police, and defense attornies.
11) Isn't it a contradiction to argue that corporal punishment is a
better deterrent; but, that prison is a far worse punishment?
A) No. For one thing, we're dealing with a broad spectrum of people.
It's an irony in our present system that (with the exception of child
molesters) the worse the criminal is, the easier a time they have
assimilating into the prison sub-culture and the less they are
victimized by it. It's a very reversed world where good things are bad,
bad things are good, and you'd better be pretty darned "bad" if you want
to make it without being somone's "girlfriend." All of this causes people
to come back into society worse than they were when they went in.
12) What are your qualifications for writing this book?
A) All front-line. My classroom has been the streets, including:
3 1/2 years doing fugitive retrieval (bounty hunting) and often
working closely with undercover narcotics officers, almost 2 years
doing proactive security at section 8 apartments (shutting down gang
activity and drug dealing), and (over 20 years ago) 5 1/2 months as a
member of a (vigilante) street patrol group which used corporal
punishment to clean up its area.
In spite of my lack of academic qualifications, my ideas have been
endorsed by many people who DO have them, such as: judges, attornies,
criminology proffessionals, people involved in substance abuse and
domestic violence treatment, etc. About the only ones who really take
issue are those with either a far left, or far right, bias. The far
left hates holding people accountable; the far right hates giving them
the tools to change...
13) What is your political affiliation?
A) Independant moderate with conservative leanings. I believe both sides
have areas where they are correct AND areas where they are all wet. I
prefer to think for myself.
14) Do you really think you can get rid of crime and the need for prisons?
A) Of course not! As long as there are people, will be some who insist
on committing crimes. I DO believe that we can bring it down to a MUCH
more manageable levels, though, and that this will have a cumulative
effect as the police and courts are less over-burdened, and as crime
becomes less culturally accepted.
15) Publishers and bookstores?
A) Currently, the book is available only through the author. I'm only
willing to sell the right to publish under license, instead of the rights
of ownership. Very few publishers will agree to this; so, I'm self
publishing. When you sell the copyright, they can do whatever they like
with it (change it, bury it, etc.) I feel that this is much too important
to risk allowing that to happen. I'd love to have the wider distribution
which the right publisher could provide me and I'd be willing to talk to
any of them. They would have to be willing to work with me on my terms,
which are:
1) no substantive changes (without my prior authorization);
2) they would have to actively promote it;
3) recourse for me to get a different publisher and / or self-
publish, if they failed to do so.