Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, January 9, 2013

Woman Caught in Adultery

The woman in John 8:1-11 could have been any one of Gilligan’s stages. She was either in the selfish stage, in which she committed adultery in order to fulfill her primitive desires; or she was in the second stage, in which she committed adultery in order to make someone else happy by fulfilling their primitive desires. The woman could have also been in the final stage, in which she was not thinking about everyone else, but thinking about her interconnectedness with others. She could have been tired of making everyone else happy and decided to make herself happy for once by giving in to her primitive desires. Women during that time were thought of more as property. They did not marry for love, but usually to pay off debts of their fathers. We do not have a clear indication of why this woman committed adultery, nor do we have enough background information to make such assumptions about her reason for committing adultery. It is possible that she did not believe she was ethically wrong for committing adultery. She may have felt that she was still a virtuous person because she did not feel wrong in the act of committing adultery.

The woman may have been married to a man that she never loved, therefore she may have never felt as if she were his wife. If this were the case, then the woman would be in Kohlberg’s sixth stage of moral reasoning, which would be universal ethical principles. The woman could have possibly been in the fifth stage of moral reasoning too. She could have had different values. She may have been pagan instead of Jewish or Christian. If so, then she would not have been bound by the laws of God. In pagan societies during this time, it was completely acceptable for people to commit adultery especially those in the upper classes of society. Another aspect to look at is the fact that what we consider children today, were considered women in Biblical times.  If this were actually a pubescent child (which were considered women), perhaps a teenager, then she may be more at stage three of Kohlberg’s theory. She may not yet have the mental capacity to make legal decisions.

Along the same lines, the woman may have had a limited mental capacity and be well into full adulthood. This could have put the woman at any of Kohlberg’s other stages. The woman may have wanted to be a “good girl” and please the man she committed adultery with. The woman may have needed money for something and looked at what was in it for her which would put her in Kohlberg’s second stage. She may have gotten money for her services. The woman could have been in Kohlberg’s first stage and never learned right from wrong. She may not have had any idea that adultery was bad. Perhaps the woman was of full mental capacity and been in Gilligan’s second stage. She may have been a prostitute that was trying to make money to feed her family. Therefore she sacrificed herself to care for the needs of her family.

The men in the story thought they were at stage six of Kohlberg’s theory of moral reasoning. However, these men were more at stage four. They thought that punishing the woman was better for all mankind. They figured out though that they were just pushing people to “obey laws;” yet they too were not without sin, which means they were not obeying God’s laws. The men began to realize they had a lot more to learn about morals and ethics than they had previously known. Finally, Jesus is at Kohlberg’s unproven seventh level. His moral reasoning comes from his being the Son of God. It is more spiritual and mixed with religion.

KOHLBERG'S SIX LEVELS OF MORAL DEVELOPMENT

(ETHICS OF JUSTICE/RIGHTS)

A.  PRE-CONVENTIONAL LEVEL

STAGE 1:  Deferring to authority

STAGE 2:  Learning to satisfy one’s own needs.

B.  CONVENTIONAL LEVEL

STAGE 3:  Conforming to stereotypical roles.

STAGE 4:  Sense that individual roles contribute to social order.

C.  POST-CONVENTIONAL LEVEL

STAGE 5:  Morality thought of in terms of rights and standards endorsed by society as a whole.

STAGE 6:  Morality thought of as self-chosen, universal principles of justice.

On Kohlberg's model, moral development is the development of an autonomous self, capable of being motivated by abstract principles understood as a kind of "mathematical" solution to conflicts of interests.

GILLIGAN'S SIX STAGES OF MORAL DEVELOPMENT 

(ETHICS OF CARE)

A.  PRE-CONVENTIONAL LEVEL

STAGE 1:  Caring for the self.

STAGE 2:  Stage 1 concern judged to be selfish.

B.  CONVENTIONAL LEVEL

STAGE 3:  Goodness is caring for others, frequently equated with self-sacrifice.

STAGE 4:  Illogic of the inequality between self and others becomes evident. Search for equilibrium.

C.  POST-CONVENTIONAL LEVEL

STAGE 5:  Focus on the dynamics of relationships, to eliminate the tension between self and others.

STAGE 6:  Care is extended beyond personal relationships to a general recognition of the interdependence of self and other, accompanied by a universal condemnation of exploitation and hurt.

On Gilligan's model, moral development is the development of a self-in-relation. Morality is understood in terms of the preservation of valuable human relations. Progress from stage to stage is motivated by increasing understanding of human relationships.

Tuesday, January 8, 2013

Stiffer Sentences for Sex Offenders Needed

According to the Texas Department of Public Safety, sex offenses occur every 1 hour and 3 minutes.  The U.S. Department of Justice reports that 1 rape occurs every 5.6 minutes in this country, as of 2004. You may or may not be aware that most offenders do not spend a day in jail.  These sex offenders are living among us.  I will go over the statistics, how this affects us, and the need for stiffer sentencing laws.  I believe if we do not make stiffer laws for sex offenders, we are making our family members prey for such predators.  Many sex offenders are in the public when they should be in jail.

According to the U.S. Department of Justice 209,880 sex offenses were reported in the U.S. last year.  I learned from the Texas Department of Public Safety’s Crime Report for 2004 that 67 sex offenses were reported in Abilene.  This report also states that 15,673 sex offenses were reported in the state of Texas last year.  Through researching this same report I discovered that 93% of reported sex offenses in Texas were committed against children.   From the Texas Department of Corrections, I found that 57% of sex offenders in Texas are on probation and only 43% of sex offenders in Texas are in jail.  This seems to be a national trend.  According to a report released by the American Correctional Associaton, nearly 99,300 of 233,600 sex offenders are on probation or parole.  This, too, is 43% living in our communities.

Now that we have the numbers, let me tell you how this affects us.  Did you know that most people murdered by sex offenders are murdered by repeat offenders?  Did you know that most repeat offenders are only sentenced to probation for their first offense?  Carlie Brucia was murdered by Joseph Smith, a repeat offender.  This was a senseless crime that ended a bright future of a young girl.  Had Smith remained in jail for his first offense, Carlie may still be living among us.

There are 52 sex offenders in the 79605 zip code alone.  This is not including the rest of Abilene.  Of these, 5 are repeat offenders.  1 of which was arrested 4 times for molesting 7, 8, 9, and 10 year old girls.  Each of these 4 times he only received probation.  When he molested the 5th girl in 1996, (an 8 year old) he finally received a 20 year prison sentence.  Don’t applause yet.  Unfortunately, he was released in 2004 after only serving 9 years of his sentence.  It bothers me, and should bother you that this man lives only 1 block from my children’s elementary school.

Now that we know the standard for sentencing, I propose drastic changes in the sentencing of sex offenders.  I propose a minimum sentence of 25 years for a sex offense with no possibility of parole.  This may seem drastic to many of you, but I feel that since a sex crime is a lifelong sentence for the victim, it should also be for the offender.  With new laws, our family members can be better protected.  Parents would no longer have to live in fear that when their children walk out the door, they may never come home again.  Our safety and family’s safety must be the #1 priority in this country once again.  The fact that the government has lost sight of this is very disturbing to me and many other parents.

Changing laws can help there be a bigger gap between the sex offenses committed.  They can help us to protect our families.  I hope that you are now more aware of the lack of laws protecting our families.  Now that you have the numbers and how this directly affects you and your family; I hope that you, too, can see the need for stiffer sentencing laws.  It is now our turn to stand up and do something about the need for stiffer sentencing for sex offenders.  Write to your congressman, state representative, and governor to try to get these laws changed.  One voice alone may seem weak in the middle of a crowd.  However, all of our voices together can be strong and heard, even in a large crowd.

Works Cited

Gibeaut, John. “Defining Punishment: Courts Split on Notification Provisions of Sex Offender Laws.” ABA Journal. Mar. 1997: 36-37.

“Megan’s Law: Pointing the Finger of Blame.” Economist. 15 Feb. 1997: 27-28.

“Sex-Crime Laws Draw More Flack.”  Christian Science Monitor. 13 Aug. 1998: 3.
Texas Department of Public Safety. “Crime In Texas: The Texas Crime Report.” 2004. <https://records.txdps.state.tx.us/soSearch/default.cfm>

Clayton, Susan L. “Most Sex Offenders on Parole, Probation.” Corrections Today. Apr. 1997: 16.