I've always had a split mind concerning mandatory sentencing and/or the lack of, as both have their merits. I suppose it depends on what justice is really supposed to be in the end.
It's a complicated topic as it has many facets, however I do firmly believe that intent of those convicted of a crime should be a large determining factor in the punishment. I know there are various types of charges, especially when someone dies, that differentiate between whether the killer had intent to kill or not, but not every crime does. If someone willingly executed a crime, that should certainly hold more punishment than someone who unknowingly or unwillingly executed a crime.
Rehabilitation is an even sketchier topic. I'm certain there are people who could mend their ways over time based upon their crimes, however I'm certain there are many criminals who won't. Most people who would mend their ways over time wouldn't even commit crimes in the first place. Usually, when a criminal is a repeat offender, I tend to see "Well, that's because they weren't rehabilitated!" or something along those lines, but it could very well have been that the person was going to commit crimes regardless of what rehab program implemented or prison environment. Rehab proponents likely have never been the victim of a serious crime or personally known victims of said crimes, as it's pretty much the last thing on their mind. I suppose in the minds of those who think rehabilitation works wonders is that the crimes were always of necessity, never malice, but that's where I think intent comes into play when sentencing is handed down and separating such people comes into play. This is actually the part where I don't like mandatory sentencing, but it's usually for less serious criminal offenses. If rehabilitation is a viable solution, it would come into play at this point.
My problem is that someone intentionally committing a crime is someone that likely cannot be trusted to remain in society. I've seen and grown up around some really scummy people who have no regard for any human life but their own, and I can tell you right now there are plenty of people out there that cannot be saved by any amount of rehabilitation (they'd laugh at people who think they even need rehab). I also know people in that same setting who were unwillingly complicit in some pretty nasty situations, but it was a result of their own choices that lead up to that point sadly. I firmly believe that neither should be free of punishment, however the punishment should not be the same. All that being said, what always seems to get lost is the innocent victims of all these crimes, and I feel some people tend to be more concerned about the welfare of the criminal compared to the victims of the crimes. In all cases, consideration of the victims and the laws themselves should supersede the needs/wants of a convicted criminal, as at that point they've violated the rights of other individuals and the rules of society.
Last edited by exochaft; 2019-01-12 at 11:28 PM.
“Society is endangered not by the great profligacy of a few, but by the laxity of morals amongst all.”
“It's not an endlessly expanding list of rights — the 'right' to education, the 'right' to health care, the 'right' to food and housing. That's not freedom, that's dependency. Those aren't rights, those are the rations of slavery — hay and a barn for human cattle.”
― Alexis de Tocqueville
It's called the justice system, not the vengeance system. Vengeance is not justice.
As for 2. prison isn't as big a deterrence as you seem to think, hell even the death penalty isn't a deterrence.
States which have the death penalty have higher murder rates than states without the death penalty.
Warning : Above post may contain snark and/or sarcasm. Try reparsing with the /s argument before replying.
What the world has learned is that America is never more than one election away from losing its goddamned mindMe on Elite : Dangerous | My WoW charactersOriginally Posted by Howard Tayler
The problem is, at least in the US, the more seriously the crime, the more likely someone else will be paying the penalty for it.
I find it unlikely that any Justice System has solved human nature's increasing need to exact justice on *someone* as the severity of a crime increases.
The system you want benefits litteraly no one. The person who committed a crime comes out worse then they went in which then negatively effect the normal citizens when they repeat again. There is a reason why America is looked at as a joke when it comes to prisons and why they always have so many people in prison and that is because the system doesn’t work it just makes every thing worse for every one involved.