Humanising punishment

Prison must help the offender

A long work of reflection.

Without Cro-Magnon there is no modern human being — and without the delinquent there is no evolution of justice.

This singularity demands serious reflection on the generators of transgression. It also recommends thinking through the causes of punctual inflations in delinquency.

Several factors are at the origin of criminality: the values emitted by society, educational deficiencies, social injustices and inequalities — among others.

A genuine reflection

The vision of the delinquent and the treatment of delinquency must evolve in society. For this we must first understand the true contributions of the transgressor to human evolution. Once these contributions are well grasped, a genuine work of humanisation can begin — humanisation of justice, of punishment and of places of confinement. The evolution of detention conditions must be at least equal to progress in ordinary life.

Progress is visible

It is nonetheless encouraging to observe the good direction taken by humanity in this respect. The past had low consciousness and powerful perverse instincts — this explosive mixture pushed society toward unjust and violent punishments. Torture, banishment and executions formed part of daily life. These cruelties fed the implacable desire to subject others to one's will. Today (aided by the evolution of the mind), the human species has arrived at more human condemnations — now including the concept of mitigating circumstances. Humanity is also beginning to reflect on the deep causes of transgression.

No double punishment

If punishment is not also a right and an honour accorded to the transgressor, I do not want your punishment, says Zarathustra.
This aphorism of Nietzsche has extraordinary depth. It shows us the importance of being just with the transgressor. The guilty party does not have to bear, in addition to their punishment, the weight of religious guilt. The condemned does not have to endure, in addition to imprisonment, popular vindictiveness. "Let he who has never sinned cast the first stone", cried Christ to the Pharisees. A billion Christians have the duty to apply these Christic recommendations — and should already abstain from over-judging any human being who has just been condemned.

He who accepts with a smile to be robbed himself steals something from his thief. William Shakespeare