The Rule of Law
Proposed Changes to the Criminal Justice System & Rule of Law
Many of the proposed changes in the rule of law will require Constitutional Amendments per Article V of the U.S. Constitution. Others could be enacted via legislation at local, state and federal levels. Here is a rundown of some of the major changes to be considered:
- Instead of incarceration and rehabilitation - which will be reserved for the most severe offenses - the main mode of accountability for criminal behavior (especially for “victimless crimes”) will be reducing access to higher-quality levels of the Universal Social Backbone, and increasing requirements for civil service. In addition, the local community - and especially those victimized by a given crime - would be actively involved in reconciliation with offenders. For more one this conception of justice, see restorative justice.
- A mandate that incarceration for the more serious offenses is intended and structured for rehabilitation, moral maturation, and productive re-entry into civil society of offenders - via training and education (including intensive integral practice), various modes of talk therapy and medical treatment, and ongoing civic volunteerism. Incarceration would be viewed not as punitive, but as a way to protect and strengthen civil society.
- The “second chance” lottery: any first offender committing a property crime, or other crime without clear intent to cause serious bodily or existential harm to other people (i.e. a “victimless crime”), would be entered into an ongoing monthly district lottery that vacates their sentence (but maintains their criminal record). In other words, one convicted criminal would be released from incarceration each month in each district under this lottery (the lottery would not apply to convictions not resulting in incarceration).
- Community-level democracy would be implemented with respect to all levels of law enforcement and all law enforcement officers. Law enforcement at every level (local, regional, federal, prison guards, etc.) will be held accountable to local communities via two-stage Daily Direct Democracy. Any law officer at any level can be censured for cause by a community, so that they are restricted from entering that community or be actively involved with that community while performing their professional duties for a set period of time. If the officer transfers to another community after censure, and is consequently censured by a total of three different communities during their career, they will be barred from all law enforcement positions. Likewise, prisoners may vote to censure prison staff for cause - though here such cause may need to be more narrowly defined. The objective in both cases is to empower communities to manage policing behaviors that abuse authority.
- Regarding capital punishment and life imprisonment, it seems like these should be eliminated altogether. Instead, it would seem prudent to investigate the linkages between testosterone and criminal aggression, to see if chemical castration (along with psychotherapy and other medical treatment) is a viable option for long-term behavioral modification.
- Elimination of corporate personhood and free speech rights, and establishment of alternative legal entity designation for businesses and organizations.
- Only women can vote on reproductive rights issues that impact the personal sovereignty of their gender.
- A Fourth Estate established as a formal, independently elected watchdog branch of government.
- Elimination of the electoral college and establishment of two-stage voting, Citizens Councils, Daily Direct Democracy and other democratic reforms that offer the will of the people an advising, oversight and recall capacity in parallel with elected representatives.
- New laws enabling institutional monetary, financial and trade reforms at the national level.
