Canthook

The most important functions of a government are defense, which ensures that the government itself survives, and justice, which ensures that the governed survive.

There are other functions which are nice to have. Free public education is something we value, at least in theory; we aren't necessarily eager to vote for school levies. Providing for the disabled, and the widow with children is a moral imperative, except that politicians have built careers railing against welfare. Just about everything government does, though, from building roads, to running the weather bureau, is something that either business or charity handles as well. There're no telethon, though, to raise money for invading Iran, and nobody's holding bake sales to provide a private system to lock up bad guys.

It's a shame, that's understating the issue, that our military is being wasted in Iraq. The whole point of having a strong military is to avoid war. Staying in Iraq doesn't mean that the lives already lost weren't lost in vain; it simply means that more lives will be wasted. And by teaching foreign countries and terrorists that our military is not invulnerable, we are making attacks on the US more likely.

Domestically, the problem is even worse. We have so many prisoners that we don't know what to do with them all, and consequently, we end up simply releasing them to make more room for new prisoners. By teaching potential criminals that severe prison sentences are never actually imposed, we are making attacks on private citizens more likely.

We know that prison terms are not a deterrent because prison is horrid. Because jurors know prison conditions are so severe, juries are hesitant to convict criminals. We don't need brutality in the prisons to deter crime; we need potential criminals to know that confinement is almost guaranteed. Standing in the corner, or confined to a cell with no television, nothing to read, just four blank walls, is highly punitive, as any kid in detention, or any worker in a cubicle, is happy to inform us.

So why not reserve prison for those who really deserve it?

Deborah Palfrey, the so-called "D. C. Madame", is in the news, having apparently hung herself rather than go to prison. Some experts are questioning whether it's a suicide, pointing out that prison was not inevitable, that her appeals were not yet exhausted. I suspect there were other factors involved, and the prospect of imprisonment was simply the straw that broke the camel's back.

But I have to ask, "Why are we sending her to prison, anyway?" As George Carlin said, "Buying things is legal. Fucking is legal. Why isn't buying fucking legal?"

The state of Pennsylvania is currently discussing a constitutional amendment defining marriage as being between one man and one woman. Pennsylvania was on the trailing edge of states that legalized consensual sex between adults, so much so that they only realized about five years ago that they'd also legalized sex with animals.

But the state has, in recent years, passed a whole sheaf of gambling products. They've legalized charity bingo and off-track betting, created a state lottery, created scratch-off instant lottery tickets, set up slots parlors, and they're talking about full-fledged casinos. Legalizing and promoting gambling, yet prosecuting prostitution, is like legalizing heroin, but sending people to prison for swallowing aspirin.

The problems associated with prostitution are exacerbated by making prostitution illegal. If one is discouraged from reporting one's involvement in prostitution, one is also discouraged from reporting violence to oneself, whether you're a prostitute battered by a kinky customer, or one whose stash of cash looks like easy pickings, or you're a customer who thought he was going to get laid, and ended up getting mugged instead.

It'd be a lot easier to control STDs, too, if prostitutes were subject to the same inspections as restaurant workers are - and if prostitution were legal, it would be easier to control where and how customers are solicited.

No, Pennsylvania is not about to legalize prostitution right away. What might be interesting, though, is if Pennsylvania were to enact a 25% sales tax on sexual services not prescribed by a licensed physician.

Our laws do not allow someone to be subject to double-jeopardy - so prosecutors would have the choice of prosecuting someone for failure to pay tax, or prosecuting someone for prostitution. Many prostitutes have no marketable skills, but they need to support themselves and provide for children. Jurors might hesitate to convict someone in such dire circumstances - but they'd be happy to convict someone who wasn't carrying her fair share of the tax burden.

For similar reasons, we would like to see drugs de-criminalized, with a heavy tax on drugs adding to the state treasury, instead of the costs of prosecution and imprisonment adding a heavy burden to the state treasury.

Most of all, we'd like to reserve the prisons for those who perpetrate crimes of violence, those who steal, and rape, and murder, those who commit fraud and abuse others, rather than those who provide a proscribed product or service to customers who know what they're getting, and want it anyhow.

Other Bloggers On These Subjects:
abuse - constitutional amendment - crimes - Deborah Palfrey - gambling - justice - prostitution