Category Archives: criminal justice

The long march of sentimentality

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Sudesh Amman

The absurdity of British criminal-justice policy over several decades at the behest of penological liberals

The British criminal-justice system, writes Dalrymple, is one of

elaborate and ceremonious frivolity.

The frivolity

is serious in its effects, not only for its immediate consequences on Britain’s crime rate but also because it undermines the legitimacy of the State, whose first and inescapable duty is to maintain enough order to secure the safety of citizens as they go about their lawful business.

Remission of prison sentences is automatic,

turning all judges into liars. When a judge says, ‘I sentence you to three years’ imprisonment,’ what he means is: ‘I sentence you to 18 months’ imprisonment.’

Appalling as terrorist violence is, the average person in Britain is many times more likely to be the victim of violent common crime than of terrorism, so that Boris Johnson’s announcement that the laws governing the sentencing of terrorists will be made more severe,

by fixing attention on what remains an uncommon problem and ignoring a far more prevalent one, may be doing a disservice.

Dalrymple says that good sense on criminal justice in Britain

will be difficult to put into practice, for a long march of sentimentality has occurred through the minds of the intelligentsia and élites in general. The father of the last man to be murdered by a terrorist recently released from prison said that he hoped his son’s death would not be used as an argument for more drastic sentencing of terrorists.

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Does one laugh or cry?

The CCTV state

Every Briton has his Boswell

Every Briton has his Boswell

There is no evidence, writes Dalrymple, that continual surveillance deters or reduces crime.

Why should it, when the convicted have so little to fear from the courts?

The surveillance, he points out,

is intended not to protect or deter, but to intimidate.

Frivolity of Western criminal justice

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A mockery: Palais de Justice, Brussels

How liberal pœnology fosters Islamist terrorism

Dalrymple writes that the 2016 Brussels bombings

exposed the frivolity of the Belgian criminal-justice system, which it shares with the British and French systems, and several others, and which has turned the fight against crime into an elaborate and expensive—though lucrative—charade.

Ibrahim El Bakraoui possessed and used a Kalashnikov, which

Screen Shot 2016-03-31 at 08.55.51is not generally a sign of good citizenship or of a momentary lapse therefrom such as we may all from time to time suffer.

And

you would not have to be Sherlock Holmes to surmise that a man who had used a Kalashnikov before he went to Syria might be a dangerous man after returning.

Screen Shot 2016-03-31 at 09.03.00Khalid El Bakraoui was

left at liberty.

One is struck, says Dalrymple,

not only by the leniency of the original sentence—the violent robbery of cars is not the result of a submission to momentary temptation—but by the iron determination of the system to keep him out of prison.

Screen Shot 2016-03-31 at 09.06.29Given that

so many Islamist terrorists graduate seamlessly to politico-religious crime from common delinquency, one can say with tolerable certainty that one of the root causes of such terrorism in Europe is liberal pœnology, with its view that punishment is therapy and prisons are hospitals for the temporarily disturbed or naughty.

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或曰:“以德报怨,何如?”子曰:“何以报德?以直报怨,以德报德。”

Emmanuel Jaffelin: criminals deserve a bit of gentillesse

The moral exhibitionist Emmanuel Jaffelin: criminals such as murderers and rapists have difficulty in their relations with society, and are crying out for a soupçon of understanding and gentillesse

The cult of insincerity

Confucian Analects (from chapter 14):

Someone asked, ‘What about the notion that we should requite injury with kindness?’

The Master said, ‘With what then will you requite kindness? Requite kindness with kindness: requite injury with justice.’

Dalrymple writes that many intellectuals who advocate soft criminal justice and holiday-camp jails

in their heart of hearts do not believe a word of what they say.

They are just moral exhibitionists, wishing to advertise their

generosity of spirit at other people’s expense.

It is

Personally sado-masochistic, the profoundly malign Michel Foucault 'tried — using an entirely bogus historiography — to demonstrate that humanitarian reform was actually nothing of the kind, but the replacement of one kind of raw power by another, more hidden and therefore dangerous and sadistic power'

Personally sado-masochistic, the profoundly malign Michel Foucault ‘tried — using an entirely bogus historiography — to demonstrate that humanitarian reform was actually nothing of the kind, but the replacement of one kind of raw power by another, more hidden and therefore dangerous and sadistic power’

one of the sicknesses of our age, this desire to appear more compassionate than thou.

It is especially common when approaching the matter of crime, and the effects of crime

both on individual victims and on society as a whole.

Dalrymple, who avers with Orwell that ‘restatement of the obvious is the first duty of intelligent men’, points out — because however self-evident, it needs to be pointed out, often and loudly — that crime

causes fear and alters the mentality and behaviour of almost everyone in the direction of mistrust, caution and loss of freedom.

The more perverted and morally cretinous of intellectuals view crime as

an arbitrary social construction, and a criminal as someone who merely has difficulty in his relations with society as some men have difficulties in their relations with their wives.

What of prisons? Should they be therapeutic institutions, salubrious ‘places of social reintegration’, day care centres where convicts are treated no differently from other people with difficulties of one sort or another — winos, schizophrenics and the like? Or should murderers, rapists, and torturers, for instance, be made to suffer a small degree of disgrace? Is abasement, where it is called for, a bad thing? Dalrymple writes:

A cane maintains this bush in an upright position

A cane maintains this bush in the upright position

The prospect of humiliation is one of the things that keeps us upright, as a cane keeps many a rosebush upright. We are social beings because we have a capacity to feel humiliated – or it might be the other way round. There could be no prospect of humiliation if there were no actual means by which we might be humiliated.

It is

condescending to suggest that criminals do not know what they are doing, and that what they need is some kind of help to know it.

It

Inscription at the Old Bailey, above the main entrance to the building opened in 1907. 'He shall keep the simple folk by their right: defend the children of the poor, and punish the wrong-doer.' From the Book of Common Prayer, Psalm 72

Inscription above the main entrance to the rebuilt Old Bailey (opened 1907): ‘He shall keep the simple folk by their right: defend the children of the poor, and punish the wrong-doer.’ From the Book of Common Prayer, Psalm 72

empties the world of moral meaning

to call crimes mistakes, minor follies, peccadilloes,

equivalent to putting the wrong postage on a letter or forgetting to put salt in the soup. Criminal justice is not group therapy.

The purpose of the criminal law, Dalrymple asserts,

is to protect the population from criminals, not to make criminals better people.