> In 1970 the proportion of Americans behind bars was below one in 400, compared with today’s one in 100. Since then, the voters, alarmed at a surge in violent crime, have demanded fiercer sentences. Politicians have obliged. New laws have removed from judges much of their discretion to set a sentence that takes full account of the circumstances of the offence. Since no politician wants to be tarred as soft on crime, such laws, mandating minimum sentences, are seldom softened. On the contrary, they tend to get harder.
On top of that, you also have an entrenched set of special interests who benefit from the status quo (police unions, prison guard unions, private prisons, etc.), so the pressure on politicians is from two sides.
So how do you "solve" a problem that special interests, along with a sizable majority of the voting population, have no interest whatsoever in solving?
Without a massive culture shift, you don't.
I think it mostly has something to do with the directness of democracy, not with a difference in opinion or mentality.
Democracy in the US is very local and direct, politicians can actually be punished by the voters for not being tough on crime. That’s not so easy in (for example) Germany. You vote predominantly for parties – the whole package – not politicians. Something as comparatively unimportant as criminal law is going to get swamped by all the other issues, hardly anybody will focus on the particular weak spots of one lowly member of parliament. That would be a waste of effort.
Moreover all decisions about the criminal law are made on the federal level, in commissions full of experts (a lot of academics: criminologists, psychologists …). There is no reason for politicians in those commissions not to follow their recommendations. Voters will hardly ever notice what they decide, it is going to get lost under all the other issues.
You can actually be successful as a German politician who has a image for being tough on crime on the very local level (in, say, a city state), but on that level you can do no more than strictly enforce the rules that already exist. That will hardly change incarceration rates, though.
You don’t need a culture shift, you need a different political system :)
For a Japanese person, the conviction of a crime (and the shame it brings) is much worse than the jail sentence. If you are convicted of a crime, your family usually breaks off all ties with you.
Other countries (such as Singapore or China) has laws that are more harsh - which ensures that people do not break it (e.g. execution for drug offenses instead of imprisonment). If a person receives corporal punishment for vandalism, he will quickly stop without progressing towards further crimes (or run back to the USA with his tail between his legs).
http://en.wikipedia.org/wiki/Yakuza
It seems to me the harsh punishment of crimes like vandalism is not so much lawfulness as it is about Asian values of group solidarity. When it comes to organized crime, or crime by officials, there's scarcely any need to hide it, since the population is so used to ignoring the misdeeds of the well-connected.
I agree with part of what you said: dishonor is the real punishment. But that's exactly why past a certain point, "getting tough" doesn't work. In the USA, it's so out of proportion now, that in many poor or ethnic minority communities in the USA, the police are perceived as oppressors, not guardians of law and order. And there's no big dishonor in going to jail for a time.
Oh no, there's no crime in Japan.