Expert: Joe McSorley - 7/9/2004

Question
What would be the buddhist approach to crime & punishment, never mind the moral error by the 'criminal'?  Just thinking out loud, my brother's in law enforcement and I hear the stories, bottom line: current system doesn't work, could we improve it?

Answer
I don't know that I can speak for Buddhists but I can give you my approach as being Buddhist influence.  I also have a brother in the criminal justice system.  If you take the idea of karma as truly meaning cause and effect and not in the sense of reincarnation you can apply it to this topic.  If you could possibly educate someone to fully understand the results of their actions in all aspects of life you would be able to enact a transformation of the self.  If we truly understand the consequences of any action then we would change that action to be the most beneficial towards ourselves.  If you deter someone by punishment then you get someone who is trying to escape punishment either by good behavior or just trying not to get caught.  On the contrary, if you have someone who knows that they cannot personally escape the consequences of their actions they are self motivated to change.  This is the major difference between Eastern and Western religion.  Eastern religion says ‘ you broke it, you bought it, no way out'  but Western religions says, “you broke it, say your sorry and someone else will take heat and pay for it later”.  Salvation is only by your own efforts in the East but by an outside savior in the West.  If you could get a person to fully understand that a criminal lifestyle is ultimately self defeating and self damaging they would not do it.  They would understand the personal consequences and risk vs reward.  As is it now it's only bad if you get caught and the punishment is inflicted by society and not a sense of self-defeat or lack of self-development.  Of course getting someone to realize this is almost impossible.  You can't get them to stop smoking or quit drinking till they're at death's door and they are very concrete and immediate consequences.  Criminal behavior is much more abstract and harder to see its detrimental effects.  So, can we improve it?  Yes, but it's very difficult and it assumes the jailers are self aware and intelligent.  One of my favorite lines from a song is from Johnny Clegg and Savuka that goes ‘ We are the prisoners of the prisoners we have taken'. It makes perfect sense.
    Take care,
          Joe