Earlier quoted context omitted.
Does this view not presuppose that the exhibitors of the anti-social behavior cannot be fixed or remade into useful members of society? If you believe that, fine, but if you think that some could be reformed, why is that not worth the money? "Reform", in my mind, has nothing to do with pampering. It could be even more torturous than now...For example A Clockwork Orange. Not that I'm advocating that. Does this view al…
I suppose that good people can make a[singular and non-violent] mistake or error in judgement which can run them a foul of the law. These people don't require reform. They are typically leaniently sentenced, pay for their mistake and move on. I also suppose that others are more habitually and fundamentally anti-social. These people are not worth the effort of trying to 'save'. The brains have literally been wired for…
1. People differ vastly in their innate ability to follow societal rules.
2. The justice system is able to distinguish between people who make simple mistakes, and people who are unable to follow society rules.
3. The above is a big factor in sentencing.
While there is evidence that some aspects of behavior are innate, there is also a huge literature linking the environment a person is raised in, and their tendency towards crime. Furthermore, sentencing is generally extremely inconsistent by any standards, so it is very unlikely that sentencing would fit your criteria for being lenient to the right people. Finally, it's hard to think of sentencing criteria that fit the criteria you propose, and are also objective.