On Crime and Punishment

pankere_

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When my father would tan my hide – which was often in the years between turning twelve and escaping to University when I turned seventeen – he would send one of the many cousins who lived with us to fetch his preferred instrument, a lean, mean pankere, roll up his sleeves and matter-of-factly deliver a canning of epic proportions.  The speed with which the instrument materialised time and time again – in spite of my best efforts – had me convinced that my cousins took a certain perverse, gleeful joy in seeing my bum tanned. Any number of infractions could have been the trigger for one of those in those days – taking apart his treasured gramophone for the heck of it (and not being able to put it back together again a la Humpty Dumpty), sneaking off to ‘dessert’, the patch of red earth where endless games of football took place – and young men where introduced to cigarettes and girls if you believed my mother, and once resorting to my fists to settle an altercation with E, the sharp mouthed imp who seemed to delight in getting under my skin. Early on, the tears flowed in copious amounts, until I mastered the act of tensing my buttocks just enough to mitigate the pain, the odd faint moan escaping my gritted teeth the only concession I allowed myself. Custom and practice dictated that, upon completion, I would have to say thanks and then sit through a debriefing session where my failings would be analysed, and alternate behavioural practices highlighted. In retrospect, the canning – intense as it was – was never truly the worst outcome. Infinitely worse was being left to stew in silent contemplation, particularly where my failings had occurred outside the confines of the house on 39th; my sense of guilt being complicated by the uncertainty around how much, if any, my father knew of my misdemeanours.

Punishment as a consequence of crime or offending is primarily regulatory. By inflicting pain, discomfort or a penalty of some sort, punishment acts as a disincentive, conditioning the behaviour of the members of the collective towards what is ostensibly for their good, and more importantly, the greater good of the collective. In society, these limits of acceptable behaviour are codified in  rules, laws and regulations with the justice system providing the framework for deciding appropriate punishment.

In the home, the limits of acceptable behaviour are largely part of an unwritten social contract – parents have a duty of care to their offspring, and responsibility for passing on the body of knowledge of social mores, the elements of a worldview and core values which accrete over time into the culture that defines the specific religious, ethnic and social space within which the family operates. Offspring on their part implicitly trust what is being provided for them – at least at first – and agree to operate within the boundaries their parents set, however arbitrary these might seem. As the offspring age, and hopefully develop the mental capacity for interrogating their own spaces, they add to, delete from and modify the premises of the body of knowledge they have been handed, keeping it fluid, relevant and appropriate for being handed over to the generation they themselves will cater for.

Beyond the obvious regulatory objectives of punishment, there is a sense in which punishment is redemptive – that much I gleaned from the fall out in my heady teenage years. I suspect the redemption punishment brings is premised on two things – that the offender can come to terms with what they have done with a measure of contrition, and that the punishment exacted is somehow seen to be commensurate to the offence committed. In a sense, the offender has to be seen to have paid for the disruption before reintegration into the wider collective can take place – being able to contribute to the greater good of the collective is the upside to reintegration and rehabilitation.

In conversation over the weekend with a friend, the Ched Evans case came up. Following his release from prison after a rape conviction, his attempts to  get back into football have floundered, largely due to the public outcry, and the threat of the withdrawal of sponsorship from the various football clubs who have mooted the idea of re-signing him. I expressed the opinion during said conversation that punishment could be redemptive, and that in this case having been released from prison, he should be allowed to get on with his life, whatever shape or form that might take. I was quickly reminded – sternly I might add – of how the girl in question has had her own life overturned having to change her name and change location several times over the last five years after being outed on twitter. She is unlikely to ever be able to just get on with her life, which makes the premise of commensurate punishment somewhat difficult to achieve here.

Having said that – and I am not pretending that I even remotely understand the nuances of the case, and if he was/or was not innocent as he has maintained – surely the premise of punishment in the law is that having served his sentence, and being registered on the violent and sex offender register rehabilitation is in order? By no means am I suggesting that Ched Evans is the victim here; I am merely pondering how rehabilitation and reintegration square with his situation. It is a difficult conversation – particularly given his relative profile – and the fact that he maintains his innocence. I wonder though if any of the two or so people who still stop by these pages might deign to offer an opinion? Fire away if you do!!!

6 thoughts on “On Crime and Punishment

  1. I’m trying to imagine the young you “chesting” the pankere loool. Interesting image i tell ya. My dad was the lecture-you-till-eternity type. I sometimes i wished he would just beat me and free me but naa you have to “soul search” and “envisage” the result of bad behaviour before embarking on it *rme*

    The Chris Evans thing though, smh. Seems like such a catch 22 situation. Causality is a female dog, But then again, we’ll never truly know what went down. It actually reminds me of the “Gone Girl” movie. If you haven’t seen that, you should. Very deliciously twisted 🙂

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  2. Learned to ‘chest’ cane in secondary school, those soldier were mean oh.

    To the Ched Evans case, society never forgives especially in this social media world. Rape is such a delicate matter but if you have served time for whatever punishment, i believe you should be able to move on with life.

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  3. LOL @ ‘chesting’… I should have known there was a technical term for that.. 🙂 Fair point re- social media. Somehow whatever gets online never truly dies.. Also doesn’t help in this case because some folk (presumably his supporters) took to twitter to hurl abuse in the young woman’s direction..

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