Bernie Madoff admitted his guilt in a Manhattan courtroom yesterday. He will probably be in prison for the rest of his life, and unless his wife and heirs are absolutely stupid, we’ve little hope that most of his ill-gotten gains will be recovered. And what’s more, he is going to cost us hundreds of thousands of dollars while he dies in prison.
You know, the problem with thinking humans are highly-evolved beings is that all around us there is an abundance of evidence that we are simply less-hairy apes with a large vocabulary. As long as we are driven to use simple and archaic methods to punish wrong-doers, our behavior will continue to resemble that of Jane Goodall’s friends in the mist.
We’ve relied on the primacy of property for far too long in this country. It is time we make prison a place for those vicious, violent people who commit violent crimes against people, and use the courts to ensure that crimes against property are made right – undone if you will.
Prison overcrowding is an epidemic in our country. For that you can blame not simply some slide from morality, but mostly law makers who continue to decide that every infringement upon the property of another deserves prison time.
Better than sending Bernie to prison, why not order that he repay every dime and suspend his right to declare bankruptcy? Attach a permanent ankle-bracelet and confine him to a small geographic area. Let him figure out where his next meal is coming from, and how he is going to pay for his healthcare.
Then assign one competent $40k a year paralegal to follow the trail of every asset and account he, his wife, children, or close friends ever used and repatriate the lost and stolen cash. Repay all his investors proportionally from each month’s proceeds.
But the problem is that those Bernie defrauded will feel somehow ripped off because he isn’t rotting in prison. They will say the crime against them is as worthy of prison time as any violent crime. But let one of those who lost their life savings stand face-to-face with a woman who has been brutally beaten and raped and tell her losing their life- savings is the same thing as the vicious crime she endured. It isn’t.
And have you ever seen a guy after he gets out of prison? Far from rotting, they have a lean, buff look about them. And unlike those retirees, Bernie isn’t going to have to worry about where his next meal comes from …
I’m reminded that when Moses gave the law, “an eye for an eye, a tooth for a tooth,” it was a revolutionary move, bringing sanity to a harsh and forbidding time and people. It was a move to make right the wrongs inflicted on one and their property by another, rather than simply punishing the offenders (usually by death.) And it was light-years ahead of where we have sunk.
It is well past time for a reformation.
3 comments:
Nathaniel Hale's famous quote from the gallows, "I regret that I have but one life to give for my country," instantly popped into my head in reading this post - in a bizarre way. You see...it's much too easy for someone to create an over-abundance of public harm in a very short period of time. Madoff has only two eyes and presumably 32 teeth to give for the billions of eyes and teeth he destroyed. There can be no justice, no equitable remedy, when someone causes this amount of harm.
Even if Madoff were to give his life for his crimes...it's but one life. Stealing the life savings from thousands of families seems to call for a much harsher punishment. The question is...what has more impact than death? Or solitary confinement? Better yet, what promised punishments will be scary enough to prevent the next Madoff-esque scheme?
Matt - thank you for your comments. I appreciate them even though we may never agree.
The fact remains that he didn't take any teeth, any eyes, any lives - only money - and he will be taking even more of it as we pay way more than it is worth to keep him in prison.
Time and time again, studies prove that prison is no deterrent. No one believes they will be caught, or they act without thinking. Mr. Madoff's statement in court was very enlightening. I encourage you to read it and ponder what it tells us about how these things happen.
We still need a system for non-violent criminals that moves beyond the very base desire to punish (which I contend punishes the public too) and instead forces schemers to live in poverty while and until they restore and repay. Prison doesn't bring that kind of punishment. (Why do you think the recidivism rate is so high?)
Matt - stop looking for economic justice in our current system. It is no where to be found. Shoot, my 401k is evidence of that ...
I'm reminded of something that was said this past weekend. "Who was that guy that ran off with tons of peoples money? Madoff? Why would you trust someone with the last name of Madoff with your money?" Just a bit of humor!
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