Crime and Different Punishments

Our prison system, which officially only punishes by restraint, actually subjects millions of Americans to waves of informal physical abuse — mistreatment by guards, violence from inmates, the tortures of solitary confinement, the trauma of rape — on top of their formal yearslong sentences.

.. It is not clear that this method of dealing with crime succeeds at avoiding cruel and unusual punishment so much as it avoids making anyone outside the prison system see it.

.. I would choose a strong dose of pain and shame over years under the thumb of guards and inmates and the state.

.. But those standards may be less about preventing ourselves from becoming like our sinful ancestors, and more about maintaining the illusion of clean hands — while harsh punishment is still imposed, but out of sight, on souls and bodies not our own.

The solution to doping is to extend the blame beyond athletes

We can start with the idea that athletes should not be the only ones held to account (in the sense of liability) for doping. In practice, this means changing WADA’s system of strict liability for the athlete. To do so, we first need a stakeholder analysis to understand who the relevant stakeholders are for each team, athlete or sport. WADA could require teams or individual athletes and their entourages to submit something akin to a classic organisational chart, showing who reports to whom, who pays whom, and who makes decisions for whom.

The next step would be to assign liability to the appropriate stakeholder(s). Here, we think that the individuals identified through the stakeholder analysis as possessing the most power or control over the ‘organisation’ should be held personally liable for the doping of the athlete(s) under their control. In some cases, the organisations themselves will have corporate responsibility.

The Whistleblower the CIA Couldn’t Break

“When 98.2 percent of all federal cases end up in convictions, almost all of which are the result of plea bargains, there’s a problem. When prosecutors try to make a name for themselves so they can move onto multi-million dollar salaries in big law firms, there’s a problem. When hundreds, if not thousands, of Americans are serving sentences of life or nearly life for first-time, non-violent drug offenses, there’s a problem,” he said.

“And when those men and women who conceived of the torture, who approved the torture, who carried out the torture, and who destroyed evidence of the torture continue to not only walk free, but also to justify their crimes with multi-million dollar book deals, there’s a problem.”

.. Kiriakou is known in the activist crowd as the only member of CIA to go to jail for torture—because he exposed it.