Zero tolerance is the same as intolerance

It seems like a simple enough concept, but it is hard to avoid the fact that our tolerant world is becoming less than. Three strikes and your out, turns into one strike and now I have leverage over you. It is a world of increasing suspicion and doubt. More importantly and more devastatingly it is one of decreasing forgiveness. A generation of people has grown up knowing innately that two distorted ominous notes refer to a specific court room drama(chung chung). As a result of being awash with a perceived reality of what crime is the public feels certain in their righteousness when they pass judgment on society’s ill actors. And woe to all who fall victim of such judgment, because there verdicts are harsh and without reprieve. For even once you have served the penance you are forever branded with a scarlet letter for your crime.

Believe me I am not trying to diminish the gravity of the offense. But, for example, Florida has a problem. There are sex offender laws in certain counties that prohibit sex offenders from residing within a certain area of schools, parks and day cares. The problem is within these counties it all but eliminates available housing for the offenders. Since leaving the county would be violating their parole these people are forced into homelessness. As violent an act a sex offense is, it does not mean that upon release from prison you should be rendered incapable of surviving. This situation is disruptive on multiple fronts. Again not to diminish the crime, but why should someone convicted of date rape be kept away from children. The psychology of child abuse is complex but is not necessarily compatible with the all deviant sexual acts of violence. Secondly if the offender has been released isn’t this contingent on the notion that they are capable of being re-incorporated into society?

The answer is no. Forgiveness in this country isn’t understood. Even when we invoke forgiveness we often undermine it. Think back to any incident where this phrase is uttered “I can forgive you, but I can never forget” Does it ever sound like the person has even come close to forgiveness, does it ever sound like this phrase will be followed by a hug? I don’t believe forgiveness means forgetting all transgressions. It’s not about forgetting that someone lied to you. But in order to forgive you do have to let go of something, you need to let go of the hurt. To forgive you have to let go and maybe even forget the emotional pain caused by someone’s actions. Forgiveness is not easy which is why it is viewed as divine.

Without forgiveness though, society becomes neurotic and vindictive. Worse in the age of 24 hour news and the near permanent nature of the internet, not only is forgiveness lacking but people are now serially judged and punished again by acts in their past. It is into this environment that we now have to make decisions. Now I believe firmly in there being consequences for ones action. The consequence though should befit the offense.

There is a difference between justice and vengeance. Both vengeance and justice seek to discourage an offense. If one knows their actions will be met with justice or vengeance they are most likely to reconsider. While vengeance attempts to satisfy the emotional outrage of the victim, justice attempts to invoke understanding in the offender of the destruction they are causing. In essence justice is an act of forgiveness. Punishment is supposed to be an act of forgiveness, but all too often it is an act of vengeance.

Sadly vengeance fails to satisfy the outrage of the victim. A woman who is raped and watches their rapist castrated does not become unraped. They may take some solace in the fact that the rapist will never hurt another person like they were hurt, but it doesn’t erase the hurt. They still need the years of friendship, love, consoling, and the happiness life can bring to move past the pain they’ve experienced. Knowing this was the castration necessary? Understand this, I’m choosing to discuss this in the context of rape because it is one of the most indefensible of actions.  I understand that closure is a necessary part of the healing process, so it is absolutely necessary that a victim see their rapist punished. The question is should that punishment be justice or vengeance. If the rapist could be brought to understand the violence of their actions and become repentant should they too be allowed to move beyond their past? It is not easy to say yes to this question especially in this case but it is the right answer. It must be yes, because it is the only way people will take responsibility for their actions. If punishment is eternal people will be constantly looking for ways to avoid being held accountable for their actions. If the path to redemption is clear and forgiveness is absolute people are much more likely to grow beyond the darker impulses. Yet when the punishment is absolute, responsibility falls the way side and instead of looking for ways to improve oneself we look for ways to prove we are not at fault thus externalizing our errors.In life it often feels like we must draw a line in the sand, take a hard stance and show that there are just things we will not accept. We’d like to think these things make society better. Zero tolerance is one of those hard lines that is supposed to show us where the cliff ends, but we must use it judiciously and only when there is absolutely no alternative. If it is used all the time is loses its meaning and people look for ways to circumvent it. Forgiveness is much more effective in solving the ills of the world. I’d like to end with a quote from the late great comic Bill hicks: