Introduction
As we all well know, the jails are becoming more and more crowded with each passing month, and it has gotten to the point where putting a criminal in jail is not an option anymore. Ultimately, judges as well as other officials are aware of the limited capacity of the jails not just in their jurisdiction, but in others outside of their own as well. Some criminals or even first time offenders feel relieved at the fact that they can get away with murder, and no one can stop them. If they are stopped then they are instead let go, and let off with a warning. However, the truth is far less designed, when you are caught breaking the law then you are punished to the fullest extent of. Afterward, you get arraigned then you go before a judge then your fate will be decided by him alone; you are then on your way to jail to spend a good portion or the rest of your life paying for what you have done. This is how it used to be 10, 20 and 25 years ago. Now, there is the apparent fact that due to the overcrowded nature of the jails, people who commit crimes have no way of learning their lesson or paying their debt to society, and make up for their wrongdoing. Ironically, that would be true, but all judges know that letting a criminal who committed a major crime go is like giving the criminal the bailiffs gun; not a good idea. However, as improvisational as the justice system is, there is a way for criminals to learn their lesson and some humility at the same time; this is called Creative Sentencing. This power balancing element allow judges to find creative ways to punish criminals for their wrongdoing, instead of incarcerating them.
For example, doing an Outreach to the Elderly social function at the local retirement community where the criminal will dress up like a butler, and serve elderly people under the watchful eyes of their probation officer. According to the article titled Lowering the bar, this is written in the article the picture in cuffs seems designed to bring her down a notch, or another few notches anyway. The article was talking about a judge who broke the law, and is another criminal to partake in creative sentencing. It is amazing how not even judges who break the law are immune to the effects of creative sentencing, and even funnier is that they too can be subject to the very punishment they pass down. Ironic.
Body
The thing about creative sentencing is that it can have the same effect as jail except that it does more to teach the wrongdoer that they are not off the hook, they are in fact going to be punished, but it is going to be a little different than the traditional punishment. One of the ways that a man who goes to jail for domestic violence can be creatively punished is by writing his wife or ex-wife a letter of apology everyday for the next 6 months telling her how great she is, and spend the entire day taking care of the dog. This basically consists of cleaning up the dog's poops, giving him or her a bath and feeding the dog as well. In doing this, the criminal learns how to be a little less violent and a little bit more compassionate to his loved one; this will also teach him patience as well. According to the USATODAY.com article titled Judges Write Creative Sentences, this is written in the article The defense and the prosecutor had agreed on a punishment. Standley was about to sign off on it when, on impulse, he tacked on another condition: yoga class. Interesting enough, creative sentences has become the alternative to jail time because judges are getting to the point where they are beginning to see that sending a criminal to jail is not as effective as it used to be. Creative sentencing is the best way to control not just the criminal, but violent tendencies within a criminal's mind. The justice system has gotten smart to the point that instead of throwing a criminal in jail, creatively sentence them to do community service inside of the place that they robbed or the house that they broke into. For example, if a random burglar breaks into a house, and is caught then the criminal should be made to pay for his crime by cleaning the victim's house from top to bottom while wearing a low-jack that keeps them from escaping before the job is done. If someone robbed a bank, and injured the bank security guard, they should be creatively punished by becoming a volunteer security guard at the bank they robbed. Doing this, the ex-robber will learn two lessons: One, crime does not pay hence him not getting away with any of the money he tried to escape with. Two, he learns how hard it is for the security guard to do their jobs by becoming them or becoming one of them. Poetic Justice.
Generally, punishment exist to teach a person a lesson no matter how severe it is, and unfair it is. When a judge hands down a punishment, there is meant to be much fear, and dread in the eyes of the person receiving the punishment; most times, it is. However, receiving a punishment that speaks louder than words can be just as humiliating and yet rewarding as vigilantism. For example, a car thief steals a young couple's car and is immediately arrested. As punishment, the crook must wear a big sign that says what his crime was and why he did it. By doing this, people burn the criminal's face into their memory so they always know who he is, and avoid him all together. In a double whammy effect, the car thief has to wash the car of the couple that he tried to steal from. Now, the people not only know him as a car thief, but he's humiliated before hundreds of passerbys. According to the article titled Sentencing Law and Policy, the article quotes this sentence, so these sentences, although unusual, are not seen to be unconstitutionally cruel.(Berman). For most people who might think these kind of sentences are cruel, and unusual punishment, they are forgetting that the justice system has a job to do; it would be unfair if they did not do it. Another creative way to punish a criminal is to give him something that he hates to do. For example, if a criminal who hates clowns commit a crime then the judge should give the criminal 10,000 hours of community service working at a circus. In so doing, the judge will really make the criminal's life miserable and he will learn a valuable lesson about breaking the law. Incidentally, creative punishments are a great way of teaching a criminal a lesson about breaking the law. Any judge can put a man in jail over things like Grand Theft Auto, Grand Larceny, Domestic Violence or even Premeditated Murder but a judge who can creatively sentence a criminal based on their crime is an ideal leader of the criminal justice system because of their ability to think outside the box. Community service is a great alternative over jail time, but some still get it and jail time. However, that community service can be used to make that criminal's life a living hell. Let's face it, if you are stupid enough to go out, and take an elderly lady's purse then you should be able to take that elderly lady to the grocery store to wait on her hand and foot to get her groceries.
There are all kinds of creative ways to punish a criminal even if that criminal is a first time offender which if you think about it, do not deserve a slap on the wrist; the rule is, if you are guilty then you should pay the consequences like everyone else. Creatively, there is another way to punish a criminal to make his life miserable and teach him a lesson. If I was a judge and someone committed a crime then I would sentence then to work at the zoo walking behind elephants all day long cleaning up the elephant's poops. It would be quite an ironic twist, the criminal made their victim feel really helpless, so the fair thing to do is to make them feel the same exact way hence the community service at the zoo not to mention the electrical “ankle bracelet”. It will serve as a range protector like if the criminal is caught 20 feet or more away from their parole officer then they will get a little shock which will remind them that they have it on for a reason. According to the article titled Alternative Sentences and Punishment, Creative or Inhumane? The article says this, corporal punishment does not work when it comes to changing behavior. (Turley). Corporal punishment only shows what happens when a person breaks the law which technically would be instant death, and it awaits all those who do it. Yet, the very next day, you hear about a 38-year old man breaking into a gas station robbing it clean. Corporal punishment does not teach people what not to do nor does it teach lessons which it is more or less expected to, but a person who receives a creative sentence will not only learn a lesson, but will decrease their chances of doing it again in the future. For some people, the reverse would or should be true, but the truth is that things and times have changed including the punishment aspect of the justice system. Someone commits armed robbery at a local McDonalds or Burger King, the criminal should be tried and creatively sentenced to work at the restaurant that they robbed for free; it will be a good volunteer experience for the criminal. The great thing about creative punishment is that a judge can collectively make a person do anything that the judge feels would be more fitting than just locking them up. Throwing away the key would be easier, but the criminal is not really learning anything by sitting in a jail cell to rot for the rest of their life, and judges are at the point where they know it.
As we well know, bullying is still one of today's hot buttons, and it is one of the biggest not to mention most threatening issues of our society. A bully is a lot like loose change, they hang around continuously where they are not needed or unnecessary. It used to be that bullying was a school matter that was handled with matrons as well as teachers talking to principals, that is how it used to be 20 years ago; now, police are being forced to get involved. One of the greatest, and creative ways to criminally punish a bully is to get a noticeable cardboard sign that says “I am a bully, and I will bully anyone I see fit” while sitting at the forefront of the classroom and cafeteria for the entire year. By doing this, the entire school get to see who the bully is, and will serve as an example to all those who bully will share his fate. There are way too many bullies who are just being allowed to just get away with it, and not being made to pay for their crime. The sad part about this is that the teachers are supposed to be the ones disciplining the kids at school while their parents discipline them at home, but because some parents get to a point where they are ignorant to their child's bullying of other kids, they do not even notice or care. According to the article titled Creative Sentencing Red Lobster and Bowling, the article says, when done well by the right folks with the right idea in mind,creative sentencing can be a good thing. (Palazzolo). According to another article titled Do you agree with creative sentencing? The article states this, you can see a lot of creative sentencing particularly during trials involving teenagers who shoplift, drink alcohol, or commit crimes of that nature. (Ossa) Even teachers agree with creative sentencing because a lot of teachers are old school, and believe in good old-fashioned punishment which is good because there are some teachers that do not care at all. Back in the 1990s, when a kid misbehaved, the first thing they got was a warning, second offense was a time out and finally, their last strike was a paddle to the bottom then a parent-teacher behavioral conference was arranged thereafter. Sadly, a lot of discipline in today's world does not exist because of fear of a lawsuit or getting fired for inappropriate conduct such as disciplining another parent's child. There is no love lost in discipline if that kid learns from it.
Work Cited Page
Lowering the bar. (2013, May 08). Retrieved from http://www.loweringthebar.net/creative_sentencing/
Leinwand, D. (2004, February 24). Judges writes creative sentences. Retrieved from http://usatoday30.usatoday.com/news/nation/2004-02-24-oddsentences_x.htm
Berman, D. (2013, September 06). Sentencing law and policy. Retrieved from http://sentencing.typepad.com/sentencing_law_and_policy/2013/09/new-commentary-calls-creative-shaming-punishments-terrible-on-curious-grounds.html
Turley, J. (2013, August 25). Alternative sentences and punishment: Creative or inhumane. Retrieved from http://jonathanturley.org/2013/08/25/alternative-sentences-and-punishment-creative-or-inhumane/
Palazzolo, J. (2012, February 08). Creative sentencing: Red lobster dinner and bowling. Retrieved from http://blogs.wsj.com/law/2012/02/08/creative-sentencing-red-lobster-and-bowling/
Ossa, M. (2011, July 11). Do you agree with creative sentencing. Retrieved from http://www.enotes.com/homework-help/do-you-agree-with-creative-sentencing-401206
