71–80 of 92 posts
Earlier quoted context omitted.
> The solution is restorative justice, where the focus is on repairing the harm rather than punishment. What's the repair/punishment for me smoking a joint on my front porch?
growing a new plant to replace the one you burned.
I may just become a repeat offender.
A lot of the discussion around this seems to focus on football, but that's just the easily-measurable proxy for a bad mood the authors found. Presumably an argument with a spouse, a poker game loss, a parking ticket, or a bad interaction with a coffee clerk would have the same effect. It's disheartening that justice is so capricious, but setting sentences through the legislature seems even more fraught. I don't have…
The solution is restorative justice, where the focus is on repairing the harm rather than punishment. For example, sending a drug addict to prison for 10 years doesn't do anything to alleviate the harm of the crime, and in fact is harmful in and of itself, just in a different way. The law needs to maintain a much closer balance between hurting people and helping people. While hurting criminals does have a deterrent f…
"Hurting criminals" isn't just done to deter future crimes, it's done to satisfy the needs of the victims.
Earlier quoted context omitted.
The solution is restorative justice, where the focus is on repairing the harm rather than punishment. For example, sending a drug addict to prison for 10 years doesn't do anything to alleviate the harm of the crime, and in fact is harmful in and of itself, just in a different way. The law needs to maintain a much closer balance between hurting people and helping people. While hurting criminals does have a deterrent f…
What if someone maims me, or murders a close relative, and I feel the only way to repair the harm I've suffered is to punish the offender? "Hurting criminals" isn't just done to deter future crimes, it's done to satisfy the needs of the victims.
Admittedly, you're expressing a common sentiment. I've never been the victim of a violent crime, so I can't speak to the experience of feeling a need for satisfactory vengeance. But it seems to me to be one of the worse aspects of human nature, which we should seek to overcome through enacting laws seeking restorative justice, or at least non-vengeance based punishment systems. Unfortunately, the letter of the law has little to say about the underlying human desire for vengeance when wronged, and instead seems to often start from the axiom that satisfaction must be given. I wish this were more frequently and publicly questioned.
FYI, this is an excellent book on the subject: "Inferno: An Anatomy of American Justice" by Robert Ferguson (http://www.hup.harvard.edu/catalog.php?isbn=9780674728684)
Earlier quoted context omitted.
> The solution is restorative justice, where the focus is on repairing the harm rather than punishment. What's the repair/punishment for me smoking a joint on my front porch?
Repair is only applicable when there is victim. The other point is that certain acts can not be meaningfully repaired/repaid within our current societal context. I.e. How do you measure the repayment or actions-required to repair a life that is taken by someone? I would argue indentured servitude is a valid way to go, but it makes people uncomfortable because they see it as slavery. Yet, keeping someone locked up in…
It's just slavery with extra steps.
Earlier quoted context omitted.
The solution is restorative justice, where the focus is on repairing the harm rather than punishment. For example, sending a drug addict to prison for 10 years doesn't do anything to alleviate the harm of the crime, and in fact is harmful in and of itself, just in a different way. The law needs to maintain a much closer balance between hurting people and helping people. While hurting criminals does have a deterrent f…
What if someone maims me, or murders a close relative, and I feel the only way to repair the harm I've suffered is to punish the offender? "Hurting criminals" isn't just done to deter future crimes, it's done to satisfy the needs of the victims.
> That may be acceptable as long as it’s one tool in many, he said, but data shouldn’t drive the entire justice system. Data has always driven all the decisions we make. It's just that in the past, before big data, our personal computers (read: brains) did the data wrangling. By the way, we still do it. It's how humans and other living things employ profiling.
Earlier quoted context omitted.
> The solution is restorative justice, where the focus is on repairing the harm rather than punishment. What's the repair/punishment for me smoking a joint on my front porch?
Repair is only applicable when there is victim. The other point is that certain acts can not be meaningfully repaired/repaid within our current societal context. I.e. How do you measure the repayment or actions-required to repair a life that is taken by someone? I would argue indentured servitude is a valid way to go, but it makes people uncomfortable because they see it as slavery. Yet, keeping someone locked up in…
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
Earlier quoted context omitted.
The solution is restorative justice, where the focus is on repairing the harm rather than punishment. For example, sending a drug addict to prison for 10 years doesn't do anything to alleviate the harm of the crime, and in fact is harmful in and of itself, just in a different way. The law needs to maintain a much closer balance between hurting people and helping people. While hurting criminals does have a deterrent f…
What if someone maims me, or murders a close relative, and I feel the only way to repair the harm I've suffered is to punish the offender? "Hurting criminals" isn't just done to deter future crimes, it's done to satisfy the needs of the victims.
Earlier quoted context omitted.
The solution is restorative justice, where the focus is on repairing the harm rather than punishment. For example, sending a drug addict to prison for 10 years doesn't do anything to alleviate the harm of the crime, and in fact is harmful in and of itself, just in a different way. The law needs to maintain a much closer balance between hurting people and helping people. While hurting criminals does have a deterrent f…
What if someone maims me, or murders a close relative, and I feel the only way to repair the harm I've suffered is to punish the offender? "Hurting criminals" isn't just done to deter future crimes, it's done to satisfy the needs of the victims.
Repairing private harms isn't the purpose of the criminal justice system, its the purpose of the civil justice system, where imprisonment and capital punishment aren't even options.
The criminal justice system exist to address (whether in a punitive, restorative, or preventive sense), harms to society as a whole.
> "Hurting criminals" isn't just done to deter future crimes, it's done to satisfy the needs of the victims.
Hurting wrongdoers to "satisfy the needs of the victims" doesn't do much to satisfy actual needs of the victims, but does create a society with a lot more victims and wrongdoers.
Earlier quoted context omitted.
The solution is restorative justice, where the focus is on repairing the harm rather than punishment. For example, sending a drug addict to prison for 10 years doesn't do anything to alleviate the harm of the crime, and in fact is harmful in and of itself, just in a different way. The law needs to maintain a much closer balance between hurting people and helping people. While hurting criminals does have a deterrent f…
What if someone maims me, or murders a close relative, and I feel the only way to repair the harm I've suffered is to punish the offender? "Hurting criminals" isn't just done to deter future crimes, it's done to satisfy the needs of the victims.
I personally do not think that so much importance should be given to the mental state of people affected by trauma. I mean no offense to them, but due to inadequate training in dealing with emotions (which pretty much everyone lacks) their minds are often affected and not kept steady.
I suspect that this is one of the reasons why we don't let victims decide penalties. But judges and especially juries can be affected by outrage, hatred and delusion too. They also cling.