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Talkabout Tuesday 14: Swift and Certain Justice

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Summary

Podcast about Hawaii criminal justice reform: swift/certain consequences (even 2 days jail) more effective than harsh/random. JC works same way - minimal consequences but reliable enforcement by 80 pairs of eyes. Computer lab profanity was exception: users didn't want rule, outsiders wouldn't enter to enforce. Random application corrupts and is ineffective. Thesis mentioned student written up 30 times for food mess before learning at age 6.

Transcript

0:00 Welcome to Arts and Ideas in the Air, talk about Tuesday, where I talk about
0:04 something related to the Sudbury model. Today, it's a little late for me, I didn't
0:10 get to do it during the day, so I am going to be kind of brief, and I thought
0:16 I'd just talk about, well, I listened to a podcast recently, it was kind of old, I
0:22 don't actually know when it was from, but it was somebody who was talking about
0:28 these programs dealing in the criminal justice system with the idea of being
0:35 kind of more swift and certain, rather than punitive, so it's kind of a
0:42 in-between, between, well, being the harsh draconian thing that, you know, we often
0:48 have around here, which is pretty bad, but not entirely being, you know, do whatever
0:57 you want, right? So something in between, and the main thing is just sort of idea
1:02 is, you know, you know, some kind of dependability thing, and so talked about,
1:11 you know, an intervention in, I think it was Hawaii, where they tried this with
1:17 people who had been repeatedly in prison, and they were addicted to some drug, and
1:24 so they had, you know, a system in place for parole for the thing, where the
1:35 people in the experimental group, they would have to call in randomly, I mean
1:43 call in every day, and see if they randomly got chosen to have be tested
1:48 for drugs or whatever, and if so, then they did that, and if they were found to
1:54 be, you know, using drugs, then they'd go to prison basically immediately for, like,
2:04 I think initially it was two weeks, and then, like, they dropped it down to just
2:07 two days, and that, you know, kind of very swift, sure reaction was enough to
2:19 basically make it so that after a year, 80% of the experimental group, and we're
2:26 talking like hundreds of people in the group, were basically not committing
2:32 crimes, they were off the drugs, their life was getting better, etc. So I thought
2:38 that was interesting, of course it's just one point, piece of data, I'm sure there's
2:43 lots of flaws and whatever, but it made me think about our JC system, and how, you
2:50 know, it's always been a great puzzle to me that, you know, that the consequences
2:55 are not really very much at all, right, it's, I mean, most of the time it's just
3:01 warnings, which is like basically nothing other than the consequence of having to
3:05 show up, you know, and if someone repeatedly does stuff, then it gets more
3:12 and more severe, and, you know, eventually suspension and expulsion, it's really bad,
3:17 but, you know, that's really, really rare, and it's like, why is it so effective? And
3:23 there are times when it's very ineffective, right, like profanity. It's
3:32 been fine this year, but in previous years, cursing in the computer lab has
3:37 been a real problem, and, you know, I think, well, when I kind of think about it, one
3:49 of the big differences between the profanity and other rules is that most
4:00 of our other rules, when someone breaks it, you know, the community will write
4:06 people up. There's like, you know, 80 pairs of eyes watching, and if the rule is
4:12 something that the community actually, you know, cares about and supports and is
4:16 around, then one knows that the, you know, write-up will happen, it'll be swift,
4:26 it'll be, you know, within the day, and, you know, fairly certain that, you know,
4:32 that happened, and, you know, again, the consequences are very generally minimal.
4:39 In contrast with the computer lab, with the cursing, the people in the computer
4:44 lab, you know, they don't want the rule. It's the people who are outside of it
4:50 who would like to feel like they could be in it, but they're not willing to
4:55 actually go in and monitor and enforce this because that's kind of creepy. They
5:00 don't feel comfortable in there, so they don't go in. Again, this is previous
5:03 years. This year it's been totally different. And so, you know, the
5:12 certainty of breaking that rule is, you know, just not there. It's just like
5:19 basically when someone happens to be coming by and the door is open, or, you
5:24 know, they just hear it, or, you know, someone really screams it out loud or
5:30 something like that. And, you know, the consequences can be quite problematic.
5:37 I've seen it like years where it's like, you know, someone will, you know, first
5:43 get a warning, and then maybe ban from the computer lab for the rest of the day,
5:48 and maybe for a few days, and maybe for a week, maybe even for a month,
5:52 and it just doesn't seem to stop anything. It's been a big head-scratcher
5:57 because we have so much success on other things, and maybe it's just because it
6:02 was really not reliably enforced, you know, and that could just be the thing.
6:11 So, yeah, that's kind of my hypothesis that I'm going to think about. It might
6:16 help explain in my mind, you know, that it's something that's swift and certain
6:24 to happen. It really gets respected really quickly. It is the random
6:35 application of rules, which is where it really becomes extremely problematic, not
6:42 only corrupting, as we've often seen in larger society, but just simply
6:48 ineffective as well, as we have also seen in the larger society. You know,
6:55 many of our laws of various natures, if they were enforced uniformly and with
7:04 certainty, would probably not be laws for very much, for very long. And other
7:12 laws would be, I could or will imagine, that, you know, that really was the case.
7:18 I mean, imagine back in the day, the downloading of, you know, ripped songs and
7:25 contravention to the law. That was, you know, basically people would just do it
7:32 left and right. And, you know, that's because there's basically no enforcement.
7:38 But if every time you downloaded an illegal song, you got a quick and swift
7:46 kind of judgment and action taken on you, and it wouldn't have to be much,
7:53 maybe just like a five dollar fine. Of course, that would make pirating the
8:00 songs not very profitable, but even putting that to a side, you know, it
8:06 would just be like, okay, I'm not going to do that. Heck, maybe even just like
8:13 getting threatening letters like five times in a row or something with, well, I
8:20 don't know, then it's kind of like you're being bluffed, I guess. I mean, this is
8:24 probably something to be said for the ability that if you just keep doing it,
8:27 there's a ratcheting up of consequences. But again, it doesn't necessarily have to
8:35 be a very fast ratcheting up. It's just, you know, there are consequences. I think
8:44 in a thesis I read the last year, someone was recounting having been written up
8:51 for like food mess for like maybe 30 times before finally getting it when
8:56 they were like, you know, six or something. And yeah, it's that, you know,
9:07 that repeatedness, that certainty, the explanations, the consequences, you know,
9:14 kind of all rolls up. But yeah, I think it is. There's also been times in our
9:23 history where JC would get clogged up. Cases would not be heard for like weeks
9:30 because it was just more problematic cases and it felt like the whole system
9:34 was falling apart and, you know, and things weren't getting resolved. Yeah, I
9:41 don't know. I guess I did not hold up to my promise of a quick podcast on this
9:50 because it's clearly not short. But anyway, I hope this was something
10:01 enlightening to somebody. Thanks for listening and I'll see you when I see
10:06 you.