CRIME AND PUNISHMENT
By: Jose S Azcona
Tags: Honduras, Articles, Jose Azcona, Crime, Punishment

Jose S. Azcona Bocock

This is the title of a famous work by F. Dostoevsky, a 19th century Russian writer. In it, a murderer is so anguished by remorse that the strongest punishment is the product of his own conscience, and for him being tried and judicially punished becomes a release from his moral burden.

This is a very psychologically instructive novel. However, an organized society cannot rely on the conscience of the people as an agent of punishment for crime. A punishment system is required that is proportionate in intensity and duration to the offense.

I emphasize the word punishment, and not “rehabilitation.” Society has an interest in the rehabilitation of offenders, but this interest diminishes as the intensity of the crime increases, in the same way that its interest in punishing it increases. For this reason, there must be differences in the prison system for different types of crime.

Other systems establish prisons with maximum, medium or low security. This designation is understandable in accordance with the risk of escapes or riots, but also coincides with the greater emphasis given to rehabilitation (low security) or punishment (high security).

In order to fulfill these different purposes, it is necessary to create prisons of different types. In particular, the establishment of a high security prison focused on the punishment of serious crimes is urgent. This center should have several purposes: isolate violent and/or organized criminals from society, not expose the normal prison population to such elements, and inspire a severe fear of punishment among potential criminals.

This center must be located as far as possible from communication with normal society. Whether this is achieved by means of an isolated geographic location or another system is debatable. What is evident is that the more isolated the internal population is from visitors, the media, etc., this will help reduce their profile and harmful contact with society.

The normal prison population (who is there for non-violent crimes, or others without a link to organized crime) should not be subjected to the bad influence and brutality of these people. Criminal structures grow and solidify in prison, where they absorb individuals without any natural inclination to be part of them.

The fear of punishment is a crime prevention weapon. The regime in the high security prison must be militarized, austere, classless, permanent, and forcing the individuals to work to earn a living. By restricting external access and avoiding the purchase of privileges for money, prohibiting exits for “medical” or other similar reasons, a severe and unpleasant regime can be achieved within the framework of justice, equity, and order.

The resources required to achieve these objectives may seem excessive. However, the social cost of having prisons that are the hotbed of more crime and that do not inspire due respect is much higher than any potential expenditure in the building of an authentic Maximum-Security Prison.

Society cannot rely on human conscience as the only weapon against illegality. It is necessary that the needed coercive resources are available to guarantee justice, peace, and order to all citizens.

(2001, LT)