Crime is an action or omission that violates the law and is punishable by the state. Punishment is a consequence imposed on an individual for committing a crime, ranging from fines or community service to imprisonment and even capital punishment. Needless to say, crime and punishment are inextricably linked.
The Purpose of Punishment
Retribution: Seeking to inflict pain or suffering on the offender as a just response to the harm caused
Deterrence: Discouraging both the offender and others from committing similar crimes in the future
Incapacitation: Restricting an offender’s ability to commit further crimes in the future
Rehabilitation: Reforming the offender and helping them to reintegrate into society as law abiding citizens
The Disadvantages of Punishment
While punishment may have its uses, B.F. Skinner has shown the disadvantages of long-term punishment as a behaviour modification tool. Other authorities have suggested that punishment creates fear and sneaky behaviour. Moreover, by deploying pain and unpleasantness punishment builds resentment, encourages deception and can also damage self-esteem.
The negative effects of punishment include:
- Poor physical health
- Increased mental health problems
- Impaired cognitive and psychosocial development
- Increased aggression and violence
- Worse educational outcomes
The Consequences of Imprisonment
Even though imprisonment removes offenders from the society, it does not rehabilitate them, nor does it stop crime. In fact, prisoners are prone to become hardened criminals. They associate with other criminals while in prison and learn new tricks – many nefarious crimes and heists are hatched in prison. They suffer further abuse from other inmates and even staff, and where the prisoner is a parent, the suffering of the family can only be imagined due to a parent’s absence.
Furthermore, released prisoners find it difficult to find jobs or any legal means of making a living when they are released. A young chap and released prisoner I knew used to say that prison life is better than being at liberty – at least there is free food. True to his word, he was re-arrested and sent back to prison within a few weeks. In the United States 67.8% of released prisoners are re-arrested within five years.
The Ubuntu Alternative
Because of these and other reasons, many have argued for alternatives to imprisonment. These include fines, restorative justice or even no punishment at all. I dare to suggest that Ubuntu as an alternative to punishment encompasses these and more.
Ubuntu is an African philosophy that promotes interconnectedness, community and reconciliation, and gives an alternative to the traditional punishment-based approach to crime. It shifts from paying attention to retribution and punishment and advocates restorative justice with the aim to repairing harm, restoring relationships and reintegrating offenders back into the community.
How Ubuntu Works
Reconciliation: Ubuntu aims to repair the harm caused by the crime, looking at the needs of both the victims and offenders
Community Involvement: Ubuntu involves the whole community
Human dignity and respect: It recognizes the inherent dignity and worth of every individual, including offenders
Addresses root causes: It recognizes that crime is linked to social and economic factors
Shifting from retribution to restitution: Instead of solely focusing on punishment, Ubuntu advocates restitution and compensation to victims. These can be financial compensation, community service or other forms of making amends
In conclusion, Ubuntu seeks to heal individuals, the community and even the whole eco-system. With Ubuntu it is win-win for all.
By Godfrey Selbar