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Punitive Justice Isn’t the Villain—Our Inconsistencies Are

  • Writer: Nikki B
    Nikki B
  • Dec 24, 2024
  • 5 min read

Today, I had the distinct pleasure of being called “fucking stupid,” a “liberal,” and a “scammer” all on Jeff Bezos' internet. As if those terms together make sense in any context. But hey, this is the wild west of digital discourse, where folks let loose their inner thesaurus of insults without pausing for a sip of water.


And because I’m a writer, I decided to take the master’s advice and write what I know.


Soooo what do I know?


It stings to be misunderstood, it's exhausting to shout into an echo chamber, and the bitter realization that some people lack simple reasoning skills is as exhausting as it is disheartening. Then add their inability to disagree without being insulting or disrespectful, and it just becomes tiring.


But I digress & I'll leave you to peruse the comments, feel free to take a glimpse. Here is where we see humanity show itself in all its unfiltered glory. I don't know them to tag a soul, but if we're bold enough to @ each other on the internet, then we must be friends! 😁


Then we can have a conversation about something that runs deeper than keyboard courage: the need for justice that actually serves humanity, not just its laws.


Can we level set?


The concept of justice in this country is as shaky as Jenga after five shots of cheap tequila. On one hand, we preach "second chances" and "rehabilitation." On the other, we throw out “he’s 18, he should know better,” as if some magical brain software updates on your 18th birthday, making you capable of sound decisions and impeccable reasoning. Spoiler: it doesn’t.


We are quick to label our youth as adults the second they mess up, but slow to give them the tools they need to actually grow up. And here’s where we need to have a very honest conversation: is rehabilitation really doing its job, or is it just a good PR word for “we’ll put you in a corner and hope you figure it out”?

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The “Rehab” Lie


First, let’s unpack this glorified idea of rehabilitation. The theory is that you mess up, society teaches you how to do better, and then you re-enter the world with a better toolkit for life. Sounds cute, right? Except the reality looks more like a game of Monopoly—skipping right to jail without passing Go or collecting any wisdom. Most "rehabilitative" programs are woefully underfunded, overbooked, and designed to fail the people who need them most. We’re asking kids to learn accountability and critical thinking skills in systems that barely have crayons, let alone the resources to provide psychological or educational support.


And here’s the kicker: this isn’t limited to the justice system. Our schools are the breeding ground for this failure. We’re graduating kids who can barely read, can’t critically think, and haven’t been taught how to navigate conflict without throwing fists—or worse. If our educational system has failed them at their most formative years, how can we expect them to suddenly "get it" when the stakes are higher?

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Punitive Justice Isn’t Always the Enemy


Now, before you clutch your pearls and think I’m advocating for draconian punishments, hear me out. Punitive justice, when done correctly, can actually be a human-first approach. Why? Because it’s honest. If you hurt someone, you owe them restitution—period. Accountability should sting a little, not to punish for punishment’s sake, but because consequences breed reflection. The problem isn’t punitive justice; it’s the inconsistency with which we apply it.


We know at least one person—a friend, a cousin, a kid down the block—who’s made a mistake and gotten lucky because someone extended them grace. But that grace is often distributed unevenly. When we decide who gets "rehabilitation" versus who gets "punishment," biases about race, class, and perceived character come in hot like summer in St. Louis. And let’s be real: that inequity isn’t just a systems problem. It’s a people problem.

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Adulthood Isn’t a Number


One of the wildest parts of this whole conversation is how we throw the term “adult” around like it’s a universal truth. Legally, you're an adult at 18. But neurologically, we know the brain isn’t even done cooking until you’re about 25. That gap between “legal” and “logical” is where we lose so many of our youth. We expect kids to act like adults in the courtroom, but treat them like children in the classroom. This contradiction sets them up for failure at every turn.


If our society can recognize the immaturity of an 18-year-old buying alcohol or renting a car, why are we so quick to treat them like masterminds when they commit a crime? Instead of lumping every young offender into the adult category, why aren’t we creating systems that address their level of reasoning, upbringing, and access—or lack thereof—to proper guidance?

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Listening Without Judging


At the heart of all of this is a question we need to ask ourselves: can we really listen without judgment? Can we hold space for the fact that sometimes good people make bad decisions, and bad decisions don’t necessarily make someone irredeemable? Our justice system often operates with a "lock them up and throw away the key" mentality, but we need to stop treating mistakes as final destinations.


Accountability is necessary, but it doesn’t need to strip people of their humanity. Punishment and grace can coexist if we’re willing to apply them equitably. Yes, there are situations where the hammer needs to drop. But there are also moments where listening—really listening—can change the trajectory of a life.

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The Human-First Perspective


If we’re honest, we’ve all messed up at some point. Maybe not to the degree that lands you in handcuffs, but enough to know what it feels like to fall short. Punitive justice, at its core, isn’t about vengeance—it’s about the idea that actions have consequences. The real work lies in making those consequences meaningful and fair, not arbitrary or vengeful.


At the end of the day, we need a justice system that doesn’t just react, but reflects. A system that asks, "How do we hold this person accountable while giving them the tools to do better?" Because if we don’t, we’re just playing a broken record of failure, one generation at a time.


Justice doesn’t have to be soft to be fair. It has to be consistent, compassionate, and rooted in the understanding that every kid—every human—deserves a chance to do better. It’s not about choosing between punitive or rehabilitative justice. It’s about asking ourselves how we can create a system where accountability doesn’t crush but elevates.


Let’s do better. For them, for us, and for that one person we all know who needed a little grace to get it right. Have a great night, on PURPOSE as my friend E would say!





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