A lot of ink has been used lately in Canada regarding our prison and parole system and, quite frankly, this is probably a discussion that most liberal societies are actively engaged in. In one case out in BC, a man with a criminal record the length of Canada managed to hoodwink parole boards on numerous occasions and, without fail, was promptly arrested and convicted of new crimes after getting out of jail. Seven people were killed while this man was on parole.
What has riled people up is that the bureaucracies running our prison and parole system investigated themselves in this case and, predictably, absolved themselves of any blame. The fact that the guy had a half-dozen 12 year sentences by the age of 25 didn't deter him from seeking and obtaining parole several more times after that.
A criminal justice system usually has several objectives the main ones in our liberal democracies attempt to merge are
a) deterring
b) punishing
c) rehabilitating.
We create criminal penalties under the belief that most people, knowing there are consequences for their illegal actions, while seek to avoid the punishment and therefore not commit the crime. I don't want to go to jail, so I'm not going to steal money from my employer or run over someone who pissed me off.
Where the deterrent isn't enough, then the punishment ensures that the person committing the crime will have certain rights taken away from them (such as freedom of movement) for a set period of time, in the hopes that they won't commit that crime, or others, again.
Concomitant with this is rehabilitation, providing criminals with the tools they need to return to society as productive members. The US, several years ago, opted to increase prison terms for a variety of crimes on the basis of locking more people up. Unanswered, of course, was the question of what to do with these people once they are released.
The over-arching problem with this approach is that assumes each criminal is equal. Judges are often given discretion in sentencing in order to allow them to tailor a sentence to a particular criminal. A first-time offender who made a mistake and shows remorse may be given a lighter sentence than the law states, while a repeat offender can reasonably expect a lengthier sentence.
A case in point is a youth in Alberta who, at the age of 15, went onto a bridge with some buddies and dropped a large rock over a pedestrian overpass. It crashed through the windshield of a school bus (empty) and killed the driver. The case remained unsolved for some four years before the youth finally succumbed to his guilt. In sentencing the youth to community service and probation, the judge noted that the youth made a stupid mistake and shouldn't be sent to prison where, presumably, his future life options will narrow considerably.
Another issue in this particular case is that the youth agreed to meet with this victim's widow. Their meeting was measured in hours, not minutes, and she gave her blessing to this light sentence, despite the loss of her husband. Too often, the justice system assumes what the victim wants instead of consulting with the victim, which is a function of the justice system preferring to keep things cold and rational, rather then getting into sticky emotional concepts such as vengeance or forgiveness.
Still, in my opinion, the main factor in building and maintaining a justice system is public safety. As Iraq shows, a society without security is simply anarchy, unable to function. If the citizenry no longer believes it is safe, then the government has failed in its primary duty towards its citizenry. While I do believe in noble and ambitious prisoner rehabilitation reforms and giving people a second chance to do right, people like Clifford Olson or Robert Bruce Moyes (see first paragraph) have demonstrated clearly that they are unable and unwilling to live within the rules of our society. As such, it is perfectly justified to eliminate their freedoms for the rest of their lives, but it also makes me uncomfortable to think that they will remain wards of the state for the same length of time.
So long as they can no longer harm anyone else, however, the justice system has served its purpose. In the Moyes case, the justice system has failed completely, and it's appalling that the bureaucracy refuses to acknowledge this.