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FeaturesApril 16, 1994

It seems strange that an isolated incident in Singapore has caused such a stir in the United States. But so momentous is the pending punishment of an American youth living in Singapore that American presidents -- past and present -- feel the need to inveigh what would otherwise be none of their business...

It seems strange that an isolated incident in Singapore has caused such a stir in the United States. But so momentous is the pending punishment of an American youth living in Singapore that American presidents -- past and present -- feel the need to inveigh what would otherwise be none of their business.

The youth, 18-year-old Michael Fay, pleaded guilty to vandalism, a minor incident in the United States that would result in, at most, a small fine and a few hours of community service. But in Singapore, Fay likely will be fined and serve four months in jail. He also will receive six lashes with a cane -- the portion of the sentence that has made so many Americans queasy.

As it has been described in the press, the caning will be administered by a trained practitioner. The result will be extreme pain, blood, and scarring. It seems a barbaric penalty for the crime. But it also seems unreasonable for Singapore to change its prescribed penalties because they offend Americans.

It's presumptuous of our leaders to dictate how a foreign nation should punish American citizens who violate its laws. But that's material for another column. Aside from the specifics of Fay's case, the matter brings to mind the whole idea of justice and its role in maintaining an orderly and safe society.

Few Americans would contend our criminal justice system has yielded a safe society. Political opinion polls repeatedly identify burgeoning crime as the top concern among this nation's citizenry. When asked about solutions, those same citizens almost unanimously ask for harsher sentences for criminals.

In the land of the free, justice has been perverted by psychologists and sociologists who believe man is inherently good and that education is the key to harmony. Justice, when applied to criminal law, used to mean merited punishment. By going to extreme lengths to ensure due process and to protect the civil rights of the accused, our criminal justice system instead has become something to be manipulated by criminals and politicians alike.

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Our president's crime bill includes a "three strikes and you're out" provision to put away for life criminals who commit their third felony. It sounds tough, but it's a misguided policy. Imagine a two-time offender on the streets knowing that if caught again, he's off to the big house forever. The criminal, contemplating a routine mugging, decides instead to kill his victim, knowing that as a two-time loser he'll face the same punishment if caught for either crime. The odds are better he'll get away with the murder since dead men can't talk.

What's really needed in this country is swift capital punishment for our worst criminals. How about three strikes and your truly out -- as in dead? As long as our system is perceived as ponderous and lenient, the bad boys will continue to commit crimes. That's not the case in Singapore, where crime rates are so low that there are few chances for the trained caners to practice their craft. That's the thing about swift and stern punishment, it deters crime.

I remember when I was a notorious hellion in grade school. The "system" held no sway over me. Stern lectures and detentions did little to deter me when my crimes were reaping benefits -- the attention and reverence of my classmates.

On the other hand, I also was wary of pushing the limits of behavior to an extent that would prompt a phone call to my parents. Unlike the school district, my dad knew about justice. When I deserved punishment it came -- swiftly and harshly. Once school officials realized that a quick phone call home or, even worse, to Dad's shop, did more to keep me in line than a hundred detentions and long lectures, I became a model student.

That's human nature. When society rewards achievement and proper behavior and punishes failure and wrong actions, prosperity, order and peace ensue. It will be interesting to see what happens to Mr. Fay. If indeed he is caned and remains in Singapore, it's doubtful he'll vandalize anything soon. More likely, he'll return to the United States, make the trash talk show circuit, sell a book and movie and wind up a millionaire, albeit a celebrity with scars on his backside.

And if he's spared the rod? He'll probably continue to ignore unenforced rules and, like a grade-school troublemaker, remain a punk with no appreciation for true justice.

~Jay Eastlick is night editor of the Southeast Missourian.

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