Cyclically Criminal

Laws are in place to help society function.  Does it benefit social institutions when laws are broken?  Since there is a monetary exchange associated with a criminal’s crime, it would be ill advised to not consider why that exchange exists, and to what capacity that existence perpetuates our current cycle of criminality.

To start with a widely accepted definition seems fitting, so here we go: a criminal, as defined by Merriam-Webster, is one who has committed a crime, and crimes are activities that have been socially deemed illegal.  Crimes are defined by the laws that have been introduced and passed through local or federal legislation processes.  Laws you probably break occasionally include public intoxication, warming up your car on a cold day, spitting in public, exceeding the speed limit, not coming to a complete stop at a stop sign, using a fake name online, jaywalking, or throwing away an old cell phone.  These may seem like pretty mild acts, however they are totally illegal in various states and can hold hefty fines or jail time for the offenders.  These also happen to be the tip of an iceberg of outdated, but still completely upheld, penal code.  

So what kind of criminal are you, the caught or the uncaught?  It’s the old “if a tree falls in the forest” adage.  If no one is there to see you commit the crime, if you don’t get caught, are you in fact a criminal?  Of course!  As socially defined and outlined in the United States legal statutes, you are in fact a criminal.  Now to state the obvious, there is a huge difference in social restrictions that befall those who are convicted of criminal offenses and those who are never caught committing criminal offenses.  For instance, a criminal conviction can prevent a person from voting, travelling abroad, working with children, rental ability, right to bear arms, public social benefits and housing, and so much more.  

Retail fraud and drunk driving are two crimes that start as misdemeanors, but can become felonies, and felonies are the crimes that most often put you in prison.  Generally the felony or misdemeanor offense must have a violent element to it for this to happen, but there are exceptions to every rule.  Multiple misdemeanor offenses, which are typically dealt with through excessive fining, can result in a felony and thus prison time.  How many times have you gotten behind the wheel of a car under the influence of one too many alcoholic beverages, only to feel extreme relief when you make it to your destination sans being pulled over?  One strike, all it takes is one time getting caught to start that record rolling.  How many times have you “forgotten” to pay for something you put on the bottom of your cart at a grocery store, or your kid has slipped something into their stroller with them whilst you perused a retail store?  One strike.  

So now let’s talk about how that feeds a cyclical system.  If you get caught speeding or drunk driving, you are issued a ticket with a monetary fine of x amount with the option to plead innocence at a predetermined court date.  That money goes to the local government, and more specifically it often goes to the local court systems.  This helps pay for court workers, judges and lawyers, as well as the upkeep of affiliated buildings and resources.  Since police officers are charged with upholding the law and representing the civil authority of the government, wouldn’t it stand that the more tickets issued and collected upon the better their addition to the resources of their local government?  Though this may not be the motivation behind every stop and cite, there is definitely institutional pressure applied and a subconscious urge to make that money.  There are quotas placed on officers, suggestions made by higher officials and a sea of citizens eager to get to their destinations at all costs.  Perfect storm.

The courts are always an option if one has been accused of a crime, but unless required, many do not allot themselves their day.  They would need transportation, potential childcare, time off from work, proper attire and maybe even an attorney.  The fine can seem like a better option, so people pay.  This does not mean that the judge does not show up to court that day, or the police officer who issued the ticket, or the receptionists who sign people in, all being paid for time that will prove unnecessary.  If you do not show up for your court day, they still do.  If you fail to pay your fine your license could be suspended, a bench warrant could be issued for your arrest, your car could be booted, which funds judicial and police clerical work, contracted companies and public servants.  

We have self imposed a system that even on a local level is geared towards monetary gain.  Police are incentivized to issue tickets of all kinds to the citizens they are charged to protect.  These two ideals are contradictory, so it makes sense that the confusion would cause problems with the institution they coexist in.  It’s time that we take an honest look at what is the best way to integrate emotional intelligence and genuine coagency collaboration into what has proven to be an outdated system of criminal justice.  The Vera Institute in Brooklyn estimates that over 240 million calls are made to 911 each year, and of these the vast majority are not related to an emergency or a crime.  How do we support each other effectively as a social unit?  What should our institutions look like?  Keep thinking and communicating about it.