Josten Bundy, 21, must write a Biblical verse twenty-five times daily for the next two years as part of his probation. Oh yeah, and he had to get married as well.
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“Whoso diggeth a pit shall fall therein: and he that rolleth a stone, it will return upon him.” ~Proverbs 26:27, King James Bible
“Whoso diggeth a pit shall fall therein: and he that rolleth a stone, it will return upon him.” ~Proverbs 26:27, King James Bible
“Whoso diggeth a pit shall fall therein: and he that rolleth a stone, it will return upon him.” ~Proverbs 26:27, King James Bible
And so it goes for Josten Bundy, 21, of Smith County, Texas. Like something out of the beginning of a Simpson’s episode, Bundy, as part of his court-ordered probation, after a guilty plea of assault with bodily injury, must transcribe this passage twenty-five times daily.
You didn’t misread. Bundy and Jaynes, 19, would be required to participate in a shotgun style wedding as part of the court ruling if Bundy was to avoid prison.
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Bundy was arrested back in February 2015 after striking the ex-boyfriend of Elizabeth Jaynes’ (his now wife … more on that in a moment) during an altercation.
As a result, Smith County Judge Randall Rogers offered Bundy two choices:
1. Serve 15 days in prison.
2. Serve two years probation, which would include attending counseling, transcribing Proverbs 26:27 twenty-five times daily, and marrying Jaynes within 30 days of the court order.
You didn’t misread. Bundy and Jaynes, 19, would be required to participate in a shotgun style wedding as part of the court ruling if Bundy was to avoid prison.
Judge Randall pressed Bundy for a decision, not allowing him to call his work to notify them about a potential 15 days in prison. Under duress, Bundy chose the probationary terms.
Bundy and Jaynes already had marriage in mind, although it did not involve only 18 days to plan and a visit to the county courthouse. Their opportunity for a magical wedding day with family and friends in attendance was gone with the bang of a gavel. They now are wed, but they cannot reclaim their original dreams.
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I make my living as an educator. One of my core beliefs is to identify logical consequences when students make poor choices. Sure, the criminal justice system is not the classroom, but it is a place where a lesson can be taught effectively through choice of logical consequence.
Let’s break down the “logic” of the consequences meted out by Judge Randall.
1. Counseling
This one seems reasonable. A man loses his temper and strikes another man, he may need to discuss alternative ways to express anger in a non-violent way. Counseling can be that venue.
2. Writing Bible Verses
First, let’s analyze the effectiveness of this practice in general. While used in a widespread fashion decades ago in education, this practice has been phased out of most modern day classrooms because it simply isn’t effective. Moreover, it actually can counter the intended outcome.
As far back as 1984, The National Council of Teachers of English resolved:
Using writing for punishment distorts the principles and defeats the purposes of instruction in this important life skill and causes students to dislike an activity necessary to their intellectual development and career success.
NCTE discourage teachers, administrators, and others from making a punishment of such writing as copywork, sentence repetition, original paragraphs and themes, and other assignments which inhibit desired attitudes and essential communication skills.
In other words, if Judge Randall intended to have this Biblical passage influence future behavior, the practice does nothing to build an understanding of the passage. It may only instill dislike for the passage in general.
Which brings me to the other flawed logic of this portion of Bundy’s probation.
“Whoso diggeth a pit shall fall therein: and he that rolleth a stone, it will return upon him.” ~Proverbs 26:27, King James Bible
This passage from the Old Testament speaks to retributive justice. Karma, in a sense. I dig a pit to ensnare someone else, I’ll fall in. I roll a stone to harm another, it returns to harm me. So what is this saying in Bundy’s case?
Is it saying that Bundy dug a pit by striking Jaynes’ ex-boyfriend? Wouldn’t that mean it’s likely Bundy would be struck back? Perhaps. But with the final expectation of Bundy’s probation, it sounds as if, marriage, which is typically interpreted as Biblically sacred, is supposed to be a fitting punishment (my emphasis added) for the hole Bundy dug for himself.
3. Forced Marriage
Here is where some may argue that use of the word “forced” is a bit heavy-handed. After all, human beings have a choice in all they do, so Bundy could have chosen the 15 days in prison and gone through with the marriage later.
But let’s consider a few other aspects about this probationary measure that are far more important.
How sacred is the bond between man and woman, though, when the bond will be secured with threat of handcuffs?
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First is the fact that, by requiring marriage as part of the probation, Judge Randall immediately involves someone (Elizabeth Jaynes) who had no role in the crime. He has manipulated a relationship, which will now require not an independent decision from Bundy, but a joint decision from Bundy and Jaynes.
Second, there’s the un-Constitutional nature of this requirement. The government cannot force someone to marry another. Had Bundy chosen to appeal rather than accept the probation, legal analysts believe he would have had no problem overturning the ruling.
Finally, I return to the Bible passage used as Judge Randall’s teaching tool. Our nation has recently seen a swell of debate and dialogue after the Supreme Court’s legalization of same sex marriage. One often used defense of those opposed to same sex marriage is that marriage is a sacred bond between man and woman. How sacred is the bond between man and woman, though, when the bond will be secured with threat of handcuffs?
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