John Stuart Mill claimed that “the only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it” (Mill & Gray, 17). True to his belief this statement holds truth, particularly in the context of the criminal justice system. The following paragraphs would explain this nature of liberty or freedom expressed by the great thinker of his day in today’s perspective.
John Stuart Mill’s freedom represents all ethical theories where the goal is maximization of some measure of goodness. These are outcome-oriented ethics where goodness is measured by its results. In other words, freedom is a doctrine that confirms whether or not actions have been useful or beneficial to a large group, once applied. It is important to understand that the concept related to the aspects of zero tolerance developed from the viewpoint that has its base in the parameters that actually rose as a classical freedom reaction. From the parameters of freedom, it should be remembered that Mill placed his argument that there is much pain in the penal system and it tends to affect an individual by a large margin and the aspects of penal consequences should be taken into consequences while evaluating the entire process of proposed crime. It should be noted that during the time it was a normal practice to issue capital punishment. (Gerson, 305-321) The basic concept behind this rose because it was frustrating in many cases in the context of the penal system and legislation and it was viewed that anything less than a capital punishment would not be able to serve the purpose of the judicial system. This was because such situations required capital punishments as anything less than that was unable to check the flow of crime and tendency to break the law. Circumstances at times became so severe that the jurisdiction implied capital punishments to minors. However Mill also stated that better equipped police force and improved resourcefulness would reduce penalties in the long run. It should also be taken into consideration that Right Realism and the school of Neo-Classical perceptions propose a wide range of reduction in terms of punishment. In some cases one finds police being deployed in known hot spots such as areas with prostitution and drug dealing problems. These did not work in some cases. According to Mill, examples include neighborhood watch organized with police, arrests of juveniles of minor offences, arrests of unemployed suspects for domestic assault. Some plans did not work, and examples include proactive drunk-driving arrests with breath testing which may reduce accident deaths and community policing. (Kaplan, 124)
It can be stated that identification of criminal before the crime is committed is a part of freedom in the sense that the assumption of a crime is presumably error free. This method is utilized in subculture identification in the context of criminal justice. A violent subculture is a subculture in a location that teaches its members and others to adapt to the problems of life through violent methods. These subcultures stress violence as it settles disputes and raises a group member’s prestige in the subculture. Violence shows dominance and power. One of the reasons for violent subcultures is the illegitimate and legitimate opportunity structure. The legitimate opportunity structure provides individuals with the means of obtaining status and success in society through appropriate channels such as education and hard work. While this structure is ideal, it is not available for all individuals in society, especially those in violent subcultures, due to poor education, poverty and other societal problems. Therefore, these individuals use the illegitimate opportunity structure, which can include drugs, robbery, and homicide, to obtain status and success. There are some things that can be done to prevent the growth of violent subcultures. By creating a legitimate opportunity structure for current or future members of these violent subcultures, the rate of individuals committing violent crimes and the rate of crime in general can decrease. This can be done by providing educational and employment opportunities within these subcultures. But as these measures are long termed the Mayor was right to implement the John Stuart Mill’s freedom concept in criminal justice context by imprisoning suspected and potential trouble maker during such a social emergency. (Waterman, 723-734)
Some of the positive ways that the Mill’s freedom theory has benefited criminology has been through the development of new theories that don’t discriminate against others and don’t support lawful inhumane behaviors. Another positive benefit has been the development of a variety of social programs to benefits criminals. These social programs are designed to intervene before an individual develops deviant behaviors that would make him a criminal, and to rehabilitate those criminals who have already participated in deviant behaviors. By creating more social programs, society is saying that there is hope for criminals. They are not doomed to be labeled criminals forever. With the proper education and rehabilitation and job training, a criminal can leave the judicial system for a final time and be a productive member of society. Those programs that are aimed at preventing a person from becoming a criminal work at teaching individuals what kinds of deviant behaviors are unacceptable, and giving them resources to use in situations in which they would most likely turn to deviant behaviors as a way to solve a problem.
On the other hand, the freedom theory also has had a somewhat negative effect on our society. People still view those who have participated in deviant behaviors at criminals, and people on an individual basis do discriminate against them. Most criminals are required to report their past deviant behavior on job applications, and in the United States, sex offenders are required to register themselves and their residence with the state and inform the state if they move.
This information is then published on the internet, making it accessible to anyone. This kind of labeling is detrimental to an individual who is trying to overcome his or her past but is continually stigmatized by the views others place upon them because of their previous actions. Most likely labeling them will lead to further deviant behaviors. (Gaus, 95)
It should be remembered in this context that vengeance is like a fire, which never-ending in its efforts keeps on spreading, engulfing the entire life of the person, destroying his own world and at the same time devastating others lives. Violence and Vengeance are two sides of the same coin, one always procreating another. Since violence distresses people and hence discourage them from socializing liberally, the resentment, from lacking the contentment of reciprocated trust and mutual harmony, possibly will frustrate even the most well-meaning from continuing to be submissive citizens, to speak out nothing of the maudlin and soured. Thus it is evident that working in accordance to the concept it may turn into a serious problem and can have long termed consequences. However, the situation of the town demanded fast action with its rising crime rate and no long-termed measures would have been sufficient under such scenario.
Works Cited
Gaus, Gerald F. Political concepts and political theories. NY: Westview Press, 2000.
Gerson, Gal. “From the State of Nature to Evolution in John Stuart Mill”. Australian Journal of Politics & History 48.3 (2002): 305-321.
Kaplan, John. Criminal justice: introductory cases and materials. LA: Foundation, 1998.
Mill, John Stuart & John Gray. On liberty and other essays. London: Oxford University Press, 1998.
Waterman, Allen. “Mill Versus Liberty”. The American Journal of Economics and Sociology 64.2 (2008): 723-734.