No, it’s just the beginning - by Judge Jim Gray

IT’S A GRAY AREA: No, it’s just the beginning - by Judge Jim Gray 11/23/08

Maybe some of you older types like me will remember watching the television police show “Dragnet,” starring Jack Webb. Then you might also recall that, after the crime was solved, they would tell us at the very end of the show that the perpetrator was convicted and sentenced to a large number of years in state prison.

But, as my father used to say, that was not the end. In actuality, when you consider the big picture, it was really only the beginning. But in so many ways in our society, we do not look at or even consider the whole picture.

For example, in the matter of the perpetrators of those offenses, what is the rest of the story? What will happen to them while they are in prison, and what will they be like once they are eventually released? And incarceration is expensive.

Will the taxpayers get their money’s worth by keeping them locked up? What will happen to the perpetrators’ families and other dependents both during the time of incarceration, and afterward? Will the crime victims be better off? As we have seen in earlier columns, all of these are appropriate questions that are seldom even asked, much less answered.

That is not at all to say that people should not be put into prison, and sometimes for long periods of time. Far from it. We certainly need jails and prisons both as a deterrent and as a place for appropriate people to be removed from society for long periods of time. But we must also recognize that about 95% of the people who are sent to prison are eventually released. So we should also do our best to provide opportunities for those people to learn some skills that will reduce the chances that they will return to the antisocial conduct that put them behind bars in the first place.

In other words, in many ways we have to change our way of thinking, and we also have to change our approach.

So as a part of this shift of analysis, we must more fully consider who the people are that we are dealing with. For example, the largest mental-health facility in most counties is the local jail. Imagine the psychological damage that is daily being inflicted upon these mentally fragile people by incarcerating them for minor offenses. Fortunately, and as we will discuss in this column next week, our courts in Orange County are doing something really promising in this area.

But unfortunately, there is little political impetus in most places for the needs of the people who are incarcerated to be addressed so that they can begin to overcome or even address their problems. Wouldn’t it be better for everybody if those imprisoned could be assisted, as appropriate, with drug treatment, anger management, parenting skills, job skills, accurate medical information, and a focus upon intelligent decision-making? We should take an overall approach to this issue. Why? Because the actual goal of the criminal justice system is not to punish; it is instead to reduce crime and increase safety for everyone.

We should also take the long-run approach in many other matters as well. For example, in so many ways when we throw an item into the trash, we think that is the end of the story. But, once again, it really is only the beginning, because we must consider the entirety of the issue. Putting toxic or any other materials into landfills may be a temporary fix (out of sight, out of mind), but as we are now beginning to understand, it brings on many more long-range complications. So when we put something into a Dumpster, flush something down the toilet, or throw something out of our car window, that does not end the story. It really is only the beginning, because there are costs involved with the disposal of virtually everything. And as the old effective advertisement said: “Pay me now, or pay me later.”

And this has now grown to be a worldwide problem, because increasingly everything is connected. China and India are seeing this firsthand. And you may not be aware of this, but the air pollution that is generated in China is now being blown across the ocean here to California and beyond. In addition, places that used to accept our trash are no longer doing so. For example, for many years we shipped our nuclear waste to the deserts of Nevada and buried it there, but people in that state have now closed the door on that activity. And remember that barge of trash that kept being hauled from one country to another because no one would take it? Now more than ever all countries will be forced to confront their own long-run consumption, environmental, trash disposal and recycling issues.

Similarly, we need to adopt the same total approach with issues like education and healthcare. Receiving a diploma from an institution of higher learning is not the goal, it is actually just the beginning. The end goal is not the piece of paper, it is instead being able to learn and apply a skill, and also to comprehend and deal effectively with the complexities of our lives. In the same fashion, the goal of healthcare is not really to get over whatever ailment you happen to have at the moment. Instead the goal is to be healthy.

So in most areas, we as individuals must start taking a holistic or long range approach in our everyday lives, and even more so in government. This means that as voters we should generally be skeptical of candidates who speak mostly in sound bites. Why? Because life is much more complicated than that, and we should consider most simple approaches not as the end of the discussion, but as only the beginning.

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.

“WHO ARE YOUR HEROES?” by Judge Jim Gray

“WHO ARE YOUR HEROES?” by Judge Jim Gray 02/24/08

Who are your heroes? People want to know. Do they include Teddy Roosevelt, Martin Luther King, Adolf Hitler, Ronald Reagan, Michael Jordan, or Jesus Christ? Or Che Guevara, Mahatma Gandhi or Ayn Rand? Does it make any difference? Well, yes it does.


  Frequently when I was sitting on a Juvenile Court calendar I would tell the young people in my court: “You show me your friends, and I will show you your future.” And I believe that is true. But that is about their future. If you show me your heroes, I will go a long way in showing you who you are now, what you believe in, and how you can be influenced in those beliefs.  


  Knowing who people hold as heroes in many ways demonstrates those people’s values, and shows who and what they will follow. Accordingly, choosing one’s heroes is an important exercise that has a lasting impact. But the importance goes beyond that individual impact because, all importantly, it also shows how those people can be manipulated by others. For example, if your hero is Jesus Christ, I can identify myself with the rousing song “Battle Hymn of the Republic,” and then use it to convince you to give me money, to vote for me, to let me lead you into battle, or to encourage you to give me your children so that I can send them into battle.


Similarly, if you are African American, people can use the song “We Shall Overcome” to lead you in the direction that they want you to go. Or they can use a poem about the Cherokee Indians’ Trail of Tears to gain the following of Native Americans and their sympathizers. And of course, Hitler was famously effective in using the image of the heroic but suppressed German people to take over the political leadership of Germany in the 1930s.


Commercial advertising does basically the same thing. Back in the 1950s, author Vance Packard in his classic book The Hidden Persuaders addressed how Madison Avenue used psychological hooks to draw you in to buying their clients’ products. And he similarly showed how these hooks were used to support the advertisers’ clients as political candidates.  


For example, when a manufacturer came up with a new pancake batter that was not selling, even though it tasted like homemade and was so easy to prepare that the preparer only had to add water to the mix for a great tasting pancake, its officers went to marketing psychologists to determine the cause of their lack of success. After some studies, it was determined that mothers were not buying the product because it was so easy that it took away their psychological need to feel that they were personally taking care of their families. So the psychologists recommended that the manufacturer actually take the eggs out of the recipe, and on the box prominently display the phrase “You provide the fresh eggs.” That approach satisfied the mothers’ psychological needs, and the product almost immediately began to sell solidly.


In another situation, the manufacturer of writing pens decided to market a high quality silver pen for a much reduced price, and was dismayed that its product was not selling. So market analysts conducted a study that showed that people did not believe they could get a good quality pen for that price, so they were not buying it. The researchers simply recommended that the manufacturer increase the pen’s price by 100 percent, which they did, and the pen’s sales increased dramatically.


I have often had fun by watching television commercials with the express purpose of trying to determine how the marketers are attempting to convince people to purchase their clients’ products. Try it yourself, and include your children right along with you. Then take especial notice about what particular product is advertised at what time of day, and by whom?  


And what is the implicit message that is being used to convince you? It is certainly true that sex sells, but there is much more as well. For example, if you bring home our particular brand of pizza, you will be a hero to your family. And also notice that everything is “easy,” “new and improved,” costs ONLY whatever they say it costs, and you must HURRY and act NOW – obviously before you think about the product and realize that this is the wrong decision. The possibilities are endless, and the more you analyze this subject, the more you will see that absolutely nothing happens by coincidence.  


For example, it is no accident that sports events are mostly sponsored by beer and automobile manufacturers when pseudo macho men will be watching, or that the afternoon “soaps” are sponsored by laundry detergents and feminine beauty products that are aimed at the stay-at-home housewives. And as the population becomes increasingly older, notice how medicines to cure baldness and even urinary and erectal disfunctions are increasingly advertised on programs that are watched by the aging “baby boomers.”


Similarly, notice what people are featured in the ads, and how often minorities are or are not included. For a long time if minorities were present at all, they were strategically placed off to the side, and were mild skinned instead of dark. But more recently actors who are from minority groups are being placed more prominently, and often they are the actual focus of the advertisement. To me that is a good sign both that minorities have increased strength in the marketplace so their buying habits are being targeted, and that our race relations problems are being reduced. In other words, progress is being made. But one way or the other, it really is an interesting thing to study.


The same thing holds true for political advertising. How can a particular candidate or proposition be made to be sympathetic to the viewers’ beliefs, or made to fit into their heroes’ molds? This is a multi billion-dollar a year business, and it is fascinating to try to take it apart and analize its makeup.  


Years ago when I was a volunteer for George Deukmejian’s first campaign for Governor of California, I telephoned a registered voter to request his support for my candidate, and his response deeply surprised me. He said that he had not yet made up his mind, but would simply wait to look at the television ads before making his decision. What a startling thing to say! Not that this does not happen all the time, but the thing that got me was that he was consciously aware that he was leaving his choice to the folks on Madison Avenue.


In the final analysis, the surprise is not that professional psychologists and strategists are being paid big money to study us as consumers, voters and supporters, it is that many if not most consumers and voters are not even aware that this is being done. So who is your hero? Do people know who your hero is, and are they using that information to manipulate and otherwise convince you to do things for their own selfish purposes? The answer to that question is a definite yes.


So all of us should be aware of the forces that are being used by others to convince us and to affect our decisions. Not only is this subject interesting, but being aware of these factors will make us better citizens, tax payers and voters – and parents!

James P. Gray is a Judge of the Superior Court in California, the author of Why Our Drug Laws Have Failed and What We Can Do About It - A Judicial Indictment of the War on Drugs (Temple University Press, 2001) and Wearing The Robe - The Art And Responsibilities of Judging In Today's Courts, has a blog at http://judgejamesgray.blogspot.com/. http://www.judgejimgray.com, and can be contacted at www.judgejimgray.com.