We can’t prevent any and all negative consequences.
The idea that we somehow can lies at the heart of statism. We can’t have freedom of association, because then some racist assholes would choose not to associate with black people. We can’t have capitalism because then some people might not be able to afford food. We can’t have freedom of speech because then some people might hurt other people’s feelings.
The most common criticism of anarchism is that anarchy can’t guarantee that nothing will ever go wrong, a security that people seem to desperately crave, even though they don’t have it, and even though it’s impossible in a universe that doesn’t seem to care much whether we’re here. “What will you do to prevent murder?” people ask the anarchist, using the anarchist’s inability to definitively prevent murder as a reason for rejecting anarchy.
It’s fallacious, of course. The state doesn’t successfully prevent negative consequences either, no matter how much it tries and interferes in our lives. With all the laws and prisons, with all the destruction of liberty in the modern United States, there remains murder. It’s readily apparent that this isn’t an argument for the state; it’s an excuse for the status quo. “The state doesn’t successfully prevent murder, but anarchy can’t either. So why change?”
The obvious answer is that the state doesn’t simply fail to prevent murder; it is the Primary Murderer. As an institution, the state has racked up a body count that should cause any moral person to do a doubletake; in the 20th century alone, counting only war and advice combatants, states killed more than 120,000,000 people. If there were no states, those people killed by states would not have died. So if we want to reduce murder, the stateless society is clearly the way to go.
Prohibition doesn’t work, and we know this. Everyone knows it until we get to their Pet Issue, at which point they decide arbitrarily that prohibition can work. Abortion is a great example, because outlawing abortion doesn’t stop abortion; it merely chases it to the shadows of the back alley. Prohibition against alcohol didn’t eliminate alcohol; it was merely chased into the shadows of the black market. Prohibition against drugs hasn’t stopped people from doing drugs.
The argument may be that it’s fine, because we’ve substantially reduced the number of people doing these things, even if some people still do them, but this ignores the tremendous negative consequences. Our prisons are filled with non-violent offenders, largely minorities. Drugs are bought and sold in secret, unverified, possibly impure, possibly laced, and possibly lethal. People who can’t find heroin turn to krokodil. These are negative consequences. Our state intervention did not come without a price and arguments can certainly be made that the price was higher than the reward. Great, we kept five people off heroin, and the only side effect was that two people got on krokodil! Only a supremely jaded person can call this a victory.
Of course, this simply leads to more interventions, and more attempts to make up new rules to address the negative side effects of the old rules. Russia made codeine prescription-only to fix the krokodil epidemic caused by heroin being illegal, which simply made heroin easier to get and cheaper than krokodil. And then they’ll come up with some new rule to address the negative side effects of the last rule, and the end result is a clusterfuck of nonsensical laws limiting the behavior of adults.
Don’t think that we’re any different in the United States. There are positive and negative consequences to every action. Getting up early and starting my work day early comes with the positive consequence of earning more money, and with the negative consequence of getting less sleep. There’s always a trade-off, and this is the critical thing that statists attempt to deny.
Sure, outlawing heroin seems like a good idea with positive consequences–right up until someone’s skin rots off because they turned to krokodil. That negative consequence can’t be ignored. Furthermore, any attempt to fix it will come with its own set of consequences. And each time, liberty is restricted. The adults out there who use heroin in the same way that party drinkers use alcohol are caught in the cross fire, their lives destroyed in our Quixotic quest to eliminate drug addicts, and turned into hardened criminals by a prison system that rivals the Roman Gladiatorial Arenas in sheer barbarism.
Prohibition against alcohol probably lowered the number of people who drank. It also created Al Capone and turned Chicago into the gang-infested nightmare that it remains today. It drastically lowered the quality of alcohol, leading to widespread poisoning, and turned previously safe warehouses into guarded camps that regularly saw vicious battles erupting over control of the lucrative black market. It was hardly what anyone would call a victory.
Prohibiting abortion today wouldn’t end it, especially not in an age that has the Tor network (The Dark Web), which would make it easier than ever to find an abortionist. Even Craigslist can’t keep illicit activity off, and people would find abortionists through it. Rather than having the procedure done in a safe and sterile environment, though, we’d be back in the alley with coathangers. We know this, because that’s what happened before abortion was legalized.
It’s true. I can’t promise you that nothing will ever go wrong in an anarcho-capitalist society. In fact, the only thing I can promise you is that things will go wrong. The only thing that really matters is which set of consequences you want. Do you want freedom and the sometimes negative consequences? Do you want free speech even though it means people might say hateful things? Do you want free association even though it means racists might not associate with minorities?
Or do you want statism, for the government to attempt to minimize negative consequences by limiting freedom, and thereby creating a new set of consequences that have to be addressed by limiting freedom more?
We can’t have a utopia. In a universe largely hostile to our existence, imperfect beings can’t have a utopia. The state can’t give us one, and anarchy can’t give us one. Basic algebra tells us, then, that we can reduce the equation by erasing utopia from both sides. When we do this, what are we left with?
Freedom and negative consequences, or tyranny and negative consequences.
After sharing my previous article to an Anarchist, Voluntaryist, and Libertarian page on Facebook–not something I do often; in fact, this was only the second time in a year that I’ve done so–the very first comment was, predictably, that no one cares about my mental illness. Right, because that is a conversation transgender people aren’t sick of having. And it’s extremely common. With almost every video, every post, every article around the Internet that is from a transgender author about transgender things, there is very likely to be some asshat who thinks that he, and only he–because, sorry, I have yet to come across a female doing this–understands that gender is binary, transgender people are insane, and being transgender undermines everything else you have to say because you’re insane. Remembering now that I posted this to a closed group of like-minded people, I found myself having to point out that there is no such thing as a “legitimate reason” for kidnapping, sexual assault, theft, or ransom.
I was also called a “transgender fascist” because of my desire to force the state to accept my right to define myself and to identify myself. This, in the mind of the confused person who is so terrified that I’m going to force my beliefs onto them that they are eager to force theirs onto me, is nothing short of fascism. It’s a remarkable disconnect, and showcases just how warped a person’s brain can get when they hold reverence to dogmatic values and insist they aren’t arbitrary. I once stated that sex was a binary thing–I was mistaken. Sex has never been a binary thing; we simply treated it as one. Initially, we understood sex as XX and XY chromosomes, but more recent developments have revealed how horrifically inaccurate that was, and that the reality is that every cell in a person’s body has a sex, and they’re not all the same. This literally means that, far from being a binary matter, sex is an infinitely fluid matter, ranging from 0.0000001% male to 0.0000001% female.
If we look at these three shades of blue and just say they’re all “blue,” and then spend decades treating them all the same, does that really mean that there’s only one blue? No. It just means we were short-sighted, overly eager to simplify, and mistaken.
And, as we’ve learned more recently as our technology advances and we peer deeper into cells, genes, and chromosomes, what looked like a single shade of blue when we stood back seventy feet from the television and looked at little boxes actually turned out to be totally different shades when we got up close and examined them. So yes, I was again wrong; sex is not a binary thing and has never been a binary thing. So to be so beholden to the idea of sex as a binary concept when all scientific evidence disputes that idea is the very definition of dogma, especially since what we’re talking about is evidently an arbitrary human construct of generalities and oversimplifications. I would call dogmatic loyalty to an artificial construct so severe that it causes one to utterly lose the ability to empathize with another human being the “mental illness,” if we really want to talk mental illness.
Of course, it was brought up that “gender dysphoria” is classified as a mental illness. This is true. And I pointed out, though I can’t find the source, the AMA has gone on record stating that they did this in order to ensure that transgender people’s medicines, hormones, and surgeries were deemed “necessary” rather than “cosmetic.” It’s rather like how some dental plans won’t give you a full set of dentures because it’s deemed cosmetic, and will instead cover only partial sets. That rift between “cosmetic” and “necessary” is a big deal, and while I appreciate their reason for doing it, people who have chosen to treat it like the holy grail of definitive medicine–even as they dispute numerous other diagnoses in its pages (“Addiction isn’t a disease! They’re so wrong about that! Addiction is a choice! But gender dysphoria? No, they’re right! You’re insane, because they said so! Because ‘mental illness’ obviously means ‘full-blown insanity!'”)–end up causing transgender people in the real world no end of headaches.
When I pointed out to this person that gender dysphoria is the disease and “being transgender” is the cure, he replied, “They’re the same thing.”
It’s frustrating, because, as I said, this is a conversation that any transgender person has had countless times. Almost any time the subject is brought up, there’s at least one fuckwad who does this, and it’s always hard to ignore. It’s hard to ignore someone sitting there and calling you insane because they don’t have any understanding of things that are pretty easy to Google. But even if we don’t reply–and for the most part, I didn’t, because a wonderful other person took up the cause for me–it still stings. How could it not? It’s like a white kid being told he’s insane because he likes rap, or a guy being told he’s insane because he’s gay.
More to the point, the basic issue is his inability to understand that this interaction between transgender people and the state… doesn’t impact him in any way. If I fight the state, succeed, and force the state of Mississippi and its police officers to recognize people as the gender they identify as, this does absolutely nothing to force this random person to accept my definitions or gender identity–unless he is one of the police officers in question.
This gets into messy territory, doesn’t it? Do I have the right to force the state to recognize my gender identity?
See, that’s the wrong question, and it reveals how skewed this discussion even is. The actual question is: Does the state have the right to dictate my gender? Does any state employee have the right to say whether I am male or female, and to treat me accordingly? This is the real heart of the question, and the answer is obviously “No.” If state employees could do this, then an officer could tell any woman he arrested, “No, you’re a male. Now get naked. It’s time for a strip search, dude.” According to this guy who thinks I shouldn’t be able to prevent the state from forcing its definitions onto me, this would be totally acceptable. The state defines me, regardless of what I say, and to this Voluntaryist, Anarchist, or Libertarian, that’s totally okay–because the state’s definitions are the same as his definitions. But no, that’s not bias or hypocrisy. It’s just a happy coincidence that it happens to be his definitions that the state is forcing onto people.
By treating me as a male, the state is forcing their definition of genders and sexes onto me. My telling them, “No, you can’t do that. You have to treat me as the gender that I am, not the one you say that I am,” is defense, not offense. It would not be an issue if the state was not attempting to force their definition onto me. But they are, and they did. When I say that I’m a female, absolutely no one has the right to dictate over me as though I’m male. This random person can use whatever definitions he wants and believes me to be whatever he wants, but he has no authority to dictate over me, no ability to impact my life unless I allow him to. If he wants to insist that I’m a male, that’s his right, and it’s my right to call him a bigoted, ignorant idiot and stop having anything to do with him.
See? That’s the difference. I can’t just “stop having anything to do with” the state or the police.
This is the state we’re talking about. I’m not talking about this random dipshit on Facebook. If he wants to treat me as a male, fine. I don’t care. If he says “Turn around and drop your pants,” I don’t have to obey him. And if he pulls a gun on me, I can pull one back out on him. If he attempts to rape me, I can fight back without risking getting beaten to death by fifteen freaking people. He has no authority to trap me in a windowless concrete box with the steel door shut and command me to drop my panties. So I don’t give a flying fuck what he thinks.
Whether we like it or not–and I don’t like it–the state does have authority. It’s stolen authority, it’s immoral authority, and it’s disgusting authority, but the reality is that they have it. In a moral world, it wouldn’t have been an issue because no one could have kidnapped me and held me for ransom at gunpoint yesterday. In a moral world, it wouldn’t be an issue, because someone wouldn’t have a badge giving them the authority to coerce me into doing a strip tease. Without a state, these wouldn’t be issues at all. Fighting against the state’s attempts to define me as a male in full disregard of my own wishes, physiology, preferences, and identity is reactionary–by definition–but it is also necessary, defensive, and justified. It is the equivalent of shooting an armed burglar who has broken into your home. By kidnapping me at gunpoint and coercing me with the power of the badge to do a striptease, the officers roundly violated my rights as a human being. I should not have to explain this to anyone who claims to be a Voluntaryist, Anarchist, or Libertarian.
“What perceived rights do you think were violated?” someone asked.
Well, that’s an interesting question. All the more interesting because it came in this same group of people who are supposed to understand these things. I guarantee you that when the Constitution was written, the American Founders didn’t intend “forcing a prisoner to do a strip tease” to be any sort of reasonable search.
I shouldn’t have to explain to anyone that a male officer forcing a woman prisoner to do a striptease while she’s being processed for a misdemeanor traffic violation and waiting on the paperwork to be completed so that she can leave is a full and total violation of her Fourth Amendment rights. I don’t give a SHIT what the Supreme Court has ruled about it. Besides all of that, this person has completely missed the point–a few other people have totally missed the point as well.
It’s not about whether the strip search can be justified. It probably can’t, and I’ve now spoken with nine other people who have been through this jail–in fact, I’ve been there twice and this is the first time I was strip searched–and none of them were strip-searched, including several people who actually were in custody for a few days. You can’t hide behind “Standard Operating Procedure” when I can present a list of a dozen people who passed through that very jail for the very same charge in the very same circumstances and were not forced to do a strip tease. You simply can’t, because the evidence is against you. If you attempt to play that card, you are being a statist apologist. I can point you to these people right now, my own sister among them. She’s been to that jail twice. She was only patted down on both occasions. You’d better believe I’m compiling a list of names of people who will swear before a grand jury that they weren’t strip searched.
What it’s actually about, though, is related to the above–the fact that I was strip-searched because I was transgender by a cop who abused the authority of his badge to sate his curiosity. That’s the allegation–one of them. Because that’s clearly what happened. I know females who weren’t strip-searched, I know males who weren’t strip-searched, and I’ve now been in that jail three times–once when I was 17, once for 3 days when I was 19, and yesterday. Only on one of these occasions was I strip-searched, and only on one of these occasions “was I transgender.” Holy crap, the evidence is overwhelmingly against Tate County and the officer in question.
Furthermore, there is the fact that I’m transgender. And while this will be the messiest part, and will inevitably land before a federal appeals court, I have full confidence that it is a legal battle that I will ultimately win. A long-time friend asked me today, “If you found a competent lawyer, and Tate County offered you $10,000 to settle, what would you do?” It was a question of such profound ignorance that I didn’t know where to begin.
Dude, you think this is about money? Me? The quasi-Buddhist? The chick who shuns materialism? You think I’m motivated by money?
Don’t get me wrong. I’ll be fighting for money, because that’s all they can offer. They can’t undo what they did, and they can’t fix what they did. Will ten grand be enough to satisfy me? Not by a fucking long shot. The real answer to that question is that I will do whatever my attorney suggests that I do. What the hell? How can he be that unfamiliar with litigation? The attorney would advise me whether or not to accept the settlement. I don’t even understand how someone can ask me such a question barely 12 hours after the incident even occurred.
Beyond that, I do have a goal. Not just for Tate County, but for the state of Mississippi to institute a policy regarding transgender people that is identical to the city of Seattle’s: that all transgender people will be recognized and treated as the gender they identify as. That is what I want. That is my goal. If they don’t give me that, then absolutely no amount of money will appease me. They could offer me ten trillion dollars and I would not take a penny of it if they will not adopt that policy.
If I hadn’t been bailed out last night, do you know what would have happened? I have to wonder if these people have given this sufficient thought. If I had been forced to spend the night–or a few days or weeks–in jail, I would have been tossed into a men’s cell block–panties, makeup, bra, boobs, curves, and all. This happens. In fact, looking into this issue makes me enraged that people are discussing bathrooms, because I read about a transgender woman who served a prison sentence in a men’s block, where she was reportedly raped more than two thousand times. And what are we discussing?
It’s true that there is much less rape in county jails, but this isn’t to say there is none, and my friend’s attempt to assuage me by saying there is “very little risk” of being raped in a county jail is nothing short of sociopathic. “It’s fine. There’s only a 0.2% chance that you would have been raped, so what’s the big deal?” It’s a mark of how fucking ridiculous this entire conversation is that someone would even say such a thing. I tried pointing out to him that he would never say that about his sister, his wife, one of his daughters, or even any female friend of his, and that the only reason he’s saying it to me is that I’m transgender. It stems from more of that “You’re not really a woman” stuff that pervades more of their thought processes than such people understand.
He infuriated me in his attempt to play the devil’s advocate, because there was just so much wrong with it. For one, the event, as of right now, happened barely more than 24 hours ago. This shit just happened. I was just sexually assaulted. Yesterday. I was just forced to do a strip-tease by a male cop against my will. 24 hours ago. No ordinary or reasonable human being would ever say, “But what harm was really done?” to someone in such a situation, much less when not even a full day had passed since it happened. He got pissed off when I replied that he was being borderline sociopathic, but I absolutely stand by that assessment. Actually, I’d say psychopathic to stand by the assessment.
No judge, jury, prosecutor, defendant, or attorney in their right fucking mind would ever dare ask a sexual assault victim what “demonstrable damages” were done. That is a question of such extraordinary offensiveness that I informed him bluntly that I would henceforth not discuss the litigation or my transgenderism with him again. Because of that line of questions, he has all but been thrown from my life. These are not questions that any jury would ask. They are questions that Charles Manson would ask. They are questions that the desperate pedophile on trial for child pornography would ask: “But, Your Honor, what harm was there really? I only downloaded the pictures. I didn’t perform any of the acts or take any of the pictures!”
It is unbridled madness to even ask such a thing. There’s being a devil’s advocate, and there’s being an absolute dick. No woman in any modern American court–transgender or otherwise–would have to explain to any sane juror the harm of being forced to do a strip-tease by a male cop. And I told him that if he was to ask anyone the same questions that he asked me, his wife would divorce him, his sister would never speak to him again, and he’d find that everyone thought he was a psychopath. It’s like asking a rape victim, “But you didn’t get pregnant and it was over quickly, so there weren’t really any damages, were there?”
It’s sexual assault. The very act itself causes damage. That’s why we outlawed it.
I didn’t mean to get into all this, but it’s been a full day as I’ve learned who my friends are and who my friends aren’t. It’s been a devastating day. Before I began writing this, I lied in my bed, cuddled with my cat, and cried. I did that for about an hour, and then I forced myself to get up, because I’m not a crier. I won’t lie down and cry–at least not for long. I will fight. I will fight against anyone and everyone who stands in my way. It’s more “You’re not really a woman, though” bullshit.
Because it would unequivocally be sexual assault if a male officer did this to a natural-born female, and even this “devil’s advocate” wouldn’t challenge that. Even asking such a thing is a tentative admission that he doesn’t consider me a female–just a guy wearing women’s clothes. Because I refuse to believe that any sane person could imagine their sister or wife or other female friend in a closed cell with a cop being forced to do a strip-tease and somehow dispute whether or not it counted as sexual assault and whether or not that entailed damages. And naturally when I got pissed off, he pulled the “You’re too emotional to talk about this” card.
You’re goddamned right, you fucking dick, and your bigotry and borderline psychopathy are the fucking reasons why. If your wife came out of this situation and was looking into attorneys and you asked her about “demonstrable damages,” she would divorce your ass. It’s understood, by the act itself.
The Senatobia cop who was both polite and professional, I didn’t care if he referred to me as a male, or called me “dude” or anything else. I didn’t tell him that I’m transgender because I insisted that he call me “ma’am,” although he did. I told him because I wanted him to know in case it became relevant. It’s just like I don’t care if my friends occasionally call me “him,” or if clients think I’m a guy. Their opinions don’t matter to me, and their misgendering me isn’t a concern, because it’s best for everyone involved if they do misgender me.
But it matters when people have authority over you. Holy fuck, does it matter when you’re being forced to do a strip-tease for a curious male cop and facing the prospect of being thrown into the men’s cell block. Despite this “I’m such a devil’s advocate I’m almost a psychopath”‘s assurances, it is not true that “everyone” is in there awaiting DUI trials. I’ve been in county jails before. There are some people waiting on murder trials, some waiting on rape trials, some waiting on drug trials. Some of these people face 25 years. Some face life.
And American prison and jail systems have a long fucking history of placing gay men in cell blocks where they know the men will be raped, only to then say, “You must have been asking for it.” This guy had the audacity to say to me, “They wouldn’t want to add on a rape charge to their jail sentence.”
Dude, how many occurrences of prison and jail rape do you think result in charges? It’s been a long time since I looked at the numbers, but the last I checked it was like 5.7% or something along those lines. It would have been my word against the rapist’s. The rapist would have insisted that I consented to it, and I would have obviously disputed that. It’s a profound ignorance about not just male-on-male rape and prison rape but rape in general. The rape culture hysteria is certainly overblown, but we do have a problem with police officers putting forward and accepting the rationale that “she was asking for it” and “she actually wanted it.” This problem is particularly prevalent with male-on-male rape and prison rape.
One of the main reasons that most men don’t report it when they are raped is the psychological damage of it. Through no desire or enjoyment on the rape victim’s part, his penis will become erect–at least semi-erect–from stimulation of the prostate. It is well-known that rapists use this to their advantage, saying things like, “Yeah, you know you like it–that’s why you’re getting hard.” And you don’t think this ignorant ass officer who forced me to do a strip tease for him would say, “Well, her penis got hard, so clearly she enjoyed it, and she wouldn’t have enjoyed it if it had been rape”? How insulated in a bubble can a person be?
Last night, the state forced its binary, unscientific, and inapplicable definition of “male” onto me, despite my protests and explicit statements otherwise. Realistically, at the very moment I told the officer that I’m a transgender female, it could damned well have meant that I have a vagina. This has to be considered–the officer had no idea what type of transsexual I am, and didn’t ask. Rather than ask, he forced me to do a strip-tease to find out.
For the most part, it’s just so not important what people call me. I call myself the Anarchist Shemale. Almost all of my clients call me “he,” and a few of my friends still call me by my old name. It’s so meaningless to me. These transsexual and transgender people who get up in arms–“Did you just assume my gender?! Did you just misgender me?!”–they are undermining the actual problems out there. Those things are irrelevant. They are issues created by people who have never truly suffered. One of the greatest revelations for me in the last few months was that the Dunning-Kruger Effect applies very much to a person’s understanding of what suffering is. I don’t blame them for that. I applaud them. Congratulations–they have lived lives of such ease and comfort that some random person at a store calling them by the wrong pronoun is an offense and losing an election is traumatic. I don’t care what this asshole on Facebook wants to call me, or if he wants to label me as a male. It makes no difference to me. It’s tedious and exhausting, but I don’t care.
I’m not and will never fight to force Random Joe to call me a female. In fact, I have a long record of fighting for the right of Random Joe to exercise all of his rights, including the right to hate me and disassociate from me.
So anyone who accuses me of trying to force other people to accept my gender identity is either not listening, not paying attention, or purposefully misunderstanding me. In his overzealousness to prevent me from forcing him to accept my gender identity, he becomes okay with the state forcing me to accept his and their gender definitions. I’m not trying to force him to accept my gender identity. I’m trying to stop him from forcing his definitions onto me. And I hate myself for even saying this, but his inability to understand that difference is the very essence of the whole “privilege” thing.
When you’re that accustomed to forcing your way onto everyone else, it does seem like someone forcing their way onto you when they stop you from forcing your way onto them. This doesn’t mean there aren’t people out there trying to force their way onto them–there are. Lots of them. There are lots of transsexual and transgender people who think it should be totally illegal to call a transgender person by the “wrong” pronoun. I’m not among them, and any idiot who reads anything I write would quickly realize that. It was outright stated in the fucking initial article about this.
I refused to vote for Gary Johnson, and my primary reason for that was precisely that he wouldn’t allow religious people the right to conduct business in accordance with their religious beliefs. This is a message to all those fucking idiots who don’t understand simple concepts. I have been fighting this fucking battle for the right of people to discriminate against me for years, and I have the record to prove it. To all those people, I have stood by their rights for years, even when it actively harmed me and went against my own direct interests, and I will continue doing so. Now it’s time for those people to shut the fuck up and stand beside me like I stood beside them. I’m not asking them to accept me. I’m asking them to help protect me from the goddamned state, just like I fought to protect them from the state.
I apologize for how this next paragraph is written, but there was no other way to convey it in written words.
I also learned from this experience how seriously damaging it is to be transgender–to be struggling to be transgender because more than 5/6 of your life was stolen from you and you’re fighting against every single day you’ve lived past puberty without the correct hormones coursing through your body… To already be struggling everyday with doubts about “Am I feminine enough?” To look in the mirror at every opportunity, hoping and praying to see yourself more feminine, more how you should be, more how you want to be… To already struggle so much with day-to-day life as a transgender person, not to mention all the other stuff, the family stuff, the parasitism, the economic and financial struggles, the struggles to get a book published… To be depressed deep down inside and constantly in a state of mild cognitive dissonance–because I know I’m not as feminine as I want to be, that I’m not as passable as I must be… And then to have an authority figure slap you back down viciously, rebuke you firmly, and state that no, you are not female, so turn around and drop your pants.
It’s always painful to look in the mirror and not see what I want to see, to have the fear constantly nagging in the back of my mind that maybe I’ll never see what I want to see, that maybe it’s too late, maybe there’s no hope. To then have long-time friends reveal that they consider me a guy in women’s clothes–even if they don’t have the balls to outright say it… That’s painful. And to have an authority–not just any authority, but the ultimate authority, the state itself–rebuke you, spit on your efforts, spit on your life, your hopes and your dreams, and insist that you are a male whether you like it or not. Most people won’t understand. Most people can’t understand.
At this point, any attempts by the Republican government to prosecute Hillary Clinton would be spiteful and vicious, driven not by a desire for justice but by a desire to crush a political opponent, and in matters of morality motive is everything. I simply do not believe that Republicans are capable of prosecuting Hillary for noble reasons, and that they have become so partisan that they have confused their own lust for political victory with justice.
Even if we could put together a truly non-partisan panel that would look into Hillary Clinton and prosecute her, and even if this unbiased panel found her guilty of crimes, I don’t think she should be incarcerated. I think that we, as a society, need to get over our lust for punishment, because punishment is counterproductive. I’m about to make the argument that there are two forms of punishment, but for the moment I want to say that–if Hillary was found criminally negligent by this panel and then a jury of peers, the only thing that should be done is bar her from holding political offices in the future. In this scenario, she would have proven that she cannot be trusted with power, and, in the interest of preventing future crimes, we would prevent her from getting power.
The goal of any punishment should be to prevent future crime. In and of itself, there is nothing to be gained by punishing people for past crimes. Leave the past in the past. It is done. It is over, and it cannot be changed by using force, violence, and coercion against someone in vengeance for what they did. Punishing people for past crimes is often the method of prohibiting them from future crimes, but there is a difference.
I asked the question not long ago:
Imagine that we have invented a new miracle medicine that, by receiving just one shot, will cure sexual predators with 100% certainty and leave them totally unwilling to ever commit another sex crime. The drug does not affect their free will or psychological condition; it just makes them not want to do what they did ever again. However, if they are otherwise punished at any point with a jail/prison sentence, then the medicine will not work. If we give them the medicine before or after their prison sentence, it will not work; the only way to cure them is to not punish them. On the other hand, we can continue to punish them with prison, but there is a chance that they will get out of prison and, somewhere down the road, commit more crimes. Which would you advocate? The miracle drug, or prison?
Knowing that it would mean the person would never be punished, it’s my guess that most people would be adamantly against the miracle drug. When we’re faced with the reality that it means Bob raped thirteen kids in nine states and will never be punished for it, I think most people would rather him be punished. Our motive is not really to prevent future crimes; we’re interested primarily in punishing people, with making them pay, with seeking vengeance. “He made thirteen kids suffer, so he should have to suffer, too.”
While I understand completely where they’re coming from, it gets us nowhere in the grand social scheme, and we have to learn forgiveness. We have to learn to forgive people, even those people who we really, really hate. There is hardly ever anything to be gained by punishing people for past transgressions.
However, there is always something to be gained by preventing people from making future transgressions, and that is the point of my hypothetical about the miracle drug. In some ways, this could be a semantic argument; preventing someone from committing future transgressions because they have a history of transgressions and you wan to stop them is, in a manner of speaking, punishing them for their past transgressions. Except it’s not, because it’s focused on the future rather than the past.
The future is far more important than the past.
Except as evidence and showing us how we got here, the past is largely useless. The future, however, is always coming. If we are going to choose between focusing on the past or focusing on the future, then one of them is clearly superior to the other; focusing on the past would be silly. Yet this is what most people would advocate with their punishment systems, because it’s so much more satisfying to get vengeance than it is to protect presently hypothetical victims from future harm. We would be much more satisfied emotionally knowing that Bob is in prison being made into Big Jim’s bitch than we would knowing that we might have prevented Bob from raping another child fifteen years into the future, especially since there’s a possibility that Bob won’t do it anyway because he doesn’t want to have us seek vengeance upon him again.
The past has happened. It is how we got where we are right now, and all of those past moments led to this one. Of course the past is important. It’s critical that we understand where we are, and it’s often necessary to know what happened before to get a grip on what is currently going on. However, the past is also over. It is done, and crying about it is not going to change the present. Nor is punishing someone in the present going to change the past. It will change the present and the future, obviously, and that’s what we need to focus on: the future, not placating our desire to have revenge.
Attempting to exact revenge is an act of force and violence. Throwing Hillary in prison is an act of violence and force, using people with guns to kidnap her and hold her against the will. The same is true for Bob, except we’re putting Bob in a prison where we know that he will be attacked, beaten, tortured, and raped. We cannot claim to be on the side of moral good if we’re advocating these things. If we’re advocating that people should be kidnapped and thrown into caged arenas to be beaten, tortured, raped, attacked, and possibly murdered, we cannot claim to be on the side of justice or good.
Of course we need to prevent future transgressions from being done, and by this point we have every reason to justify doing what we can to prevent them. That is the furthest that morality and justice will take us, though, and anything beyond that pushes us firmly into Immoral Vengeance territory.
Currently, more than 75% of people released from prison end up back there. We cannot make the argument that prison reduces the occurrence of future crimes by any successful measure, especially since it’s likely that some of those 25% of people who don’t end up back in prison did commit further crimes, but weren’t caught. A 1 in 4 success rate is abysmal, and we would not accept it in any other area of our life. What if your vehicle only had a 1 in 4 chance of getting you to work? What if the city bus only had a 1 in 4 chance of getting you to the store? What if your airplane only had a 1 in 4 chance of getting you to Los Angeles? What if your television only had a 1 in 4 chance of turning on? What if your phone only had a 1 in 4 chance of sending a text message? What if Gmail only had a 1 in 4 chance of delivering your email? What if the polio vaccine only had a 1 in 4 chance of preventing polio, if the flu vaccine only had a 1 in 4 chance of preventing the flu, and if the pneumonia vaccine only had a 1 in 4 chance of preventing pneumonia? This failure rate is completely unacceptable.
There are undoubtedly better ways to protect the future.