Crime Pays - October 2010

There is a fine line between a civilized society and pure anarchy. The only thing that keeps that line functional is the rule of law.

Fortunately America’s founding fathers produced an exceptionally brilliant constitution; and we have relatively sane legislative branches in our federal, state, and local governments; and we have a judicial system second to none other in the world. So our country’s rule of law is able to fend off anarchy on a daily basis.

Unfortunately those laws are put to the test too often by our citizens and, as a result, our country has among the highest rates of incarceration worldwide. Those on the left tend to think we have too many strict laws while those on the right typically say our enforcement of those laws is too weak.

I say the reason for our country’s high rate of incarcerations is because of educational and moral failures and because of an economy in which crime pays in too many ways.

First to the education issue. In some states including Florida more than 40% of high school kids drop out and do not seek higher education or technical school training. Statistics have historically shown that lower levels of academic achievement usually relate to lower levels of employment opportunities and income.

Since everyone needs money to pay for food, rent, recreation, healthcare, and luxuries, sometimes economic crimes become the only way to generate the money to pay for those items whether it is from selling drugs; stealing and fencing goods; participating in healthcare and insurance frauds; passing bad checks; or profiting from ID theft.

I also mentioned moral failures as a cause of our nation’s high incarceration rate. If one leads a life which follows the teachings of the Ten Commandments as they are interpreted by many different religious faiths, then he or she will live a life free of crime. Thou Shall Not Steal Or Murder could not be any clearer.

In today’s world, however, where our children are sooner to idolize the sleazy lifestyles portrayed on MTV’s Jersey Shore or stake their futures on following in the footsteps of professional athletes and entertainers, it is no wonder that the Ten Commandments are no longer the compass to life for a growing portion of our society.

Of course there are many cases of supposedly deeply religious and moral people committing both economic and physically injurious crimes but I would argue that they should not be labeled as being deeply religious or they would not have failed to follow the teachings of their church, synagogue, temple, or mosque.

I also believe that one of the biggest reasons for our high levels of incarceration is because crime pays – and I am not talking about the economic benefits for the criminals. The criminal apprehension process, prosecution efforts, and incarceration industries are amongst the largest sectors of employment in our country. Thus, there are millions of Americans gainfully employed who may have an economic incentive to keep the judicial process going.

Imagine what would happen to our economy if there was no need for Congress, State Legislatures, or local Municipal Councils and Commissions to continually write and change our laws? How many lobbyists and related professionals would be out of work?

And suppose there were fewer crimes committed? What would happen to the hundreds of thousands of government prosecutors and defense lawyers and their staffs without clients to represent? How many fewer judges would be needed? How many police?

There would also be no need for most of our jails so tens of thousands of wardens and their staff members would be unemployed. Along with the construction, foodservice, and related industries that provide needed services to those governmental and for-profit jails.

Do I think there are many dumb laws on the books and that the penal code is irrational with sentences for some offenses too long and others too lenient? Yes! But I do not have the expertise – and thankfully personal experience – to comment on any of them. I will let the heretofore mentioned gainfully employed professionals and clergy argue those points. And I will count on the school system to better educate our children so fewer see the need for breaking the laws.