Earlier quoted context omitted.
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…
> I would argue indentured servitude is a valid way to go, but it makes people uncomfortable because they see it as slavery. It's just slavery with extra steps.
Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
81–90 of 92 posts
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#82Earlier 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.
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#83Once had the very surreal experience while in court waiting to litigate a case to object to a higher court's jurisdiction over a case; my motion was granted, and the case was sent to the lower court. While waiting for the above motion to be heard for over an hour, the person directly behind me was calling how the judge would respond to various matters that required the judge's opinion. Having nothing to do, since mob…
I was under the impression that you only have multiple courts review a case when the case is appealed. Wouldn't cases that are appealed be biased in favor of unpredictability by the fact that people believed they could be reversed?
In the example I provided the lower court and court above it shared jurisdiction over the case by law. Generally, upper courts for case load reasons will not hear a case that's not an appeal. In this case, the higher court considered hearing the case based on the arguments of the other party, but I won based on my arguments that as a result of the contract between the parties the lower court was explicitly the only court that had jurisdiction over the matter.
For what it's worth, I'm not an attorney, just skilled at legal matters and litigation; as an example, once had a judge issue an order by phone for me and have their clerk draft the order too - ask any attorney if they've ever done that... :-)
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#84Earlier quoted context omitted.
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've never understood this as an adult. It's fine to make someone else suffer because they did it to you? What reasonable person feels better because they see someone else suffer? What kind of logic is that?
Vengeance is a perfectly natural and reasonable expectation of someone in such a situation and an essential element of justice. If the state doesn't provide it, people will take it into their own hands.
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#85Earlier quoted context omitted.
I've never understood this as an adult. It's fine to make someone else suffer because they did it to you? What reasonable person feels better because they see someone else suffer? What kind of logic is that?
Have you ever been seriously injured by a criminal or have had a loved one seriously injured by a criminal? Vengeance is a perfectly natural and reasonable expectation of someone in such a situation and an essential element of justice. If the state doesn't provide it, people will take it into their own hands.
Yes, both.
> Vengeance is a perfectly natural and reasonable expectation of someone in such a situation
Natural, obviously (everything that occurs is "natural"; there is nothing but nature.)
Reasonable, no.
> and an essential element of justice.
This is a moral axiom that is far from universally accepted, rather than any kind of statement of verifiable fact.
> If the state doesn't provide it, people will take it into their own hands.
If the state doesn't provide it, some subset of victims will take it into their own hands (and even if the state does provide any particular version of "vengeance", some subset of victims will still take additional or differently-targeted vengeance into their own hands.)
There are lots of things some percentage of people will do on their own if the state doesn't do it for them, but that fact is not, in and of itself, support for the claim that the state doing those things is essential.
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#86Earlier quoted context omitted.
> I would argue indentured servitude is a valid way to go, but it makes people uncomfortable because they see it as slavery. It's just slavery with extra steps.
Extra steps? I'm not sure I follow.
EDIT: 02x06 - The Ricks Must Be Crazy, it's a very good ep.
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#87Earlier 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.
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#88Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#89Earlier quoted context omitted.
I was under the impression that you only have multiple courts review a case when the case is appealed. Wouldn't cases that are appealed be biased in favor of unpredictability by the fact that people believed they could be reversed?
Happy to address the question, but it's not clear to me exactly what the question is. In the example I provided the lower court and court above it shared jurisdiction over the case by law. Generally, upper courts for case load reasons will not hear a case that's not an appeal. In this case, the higher court considered hearing the case based on the arguments of the other party, but I won based on my arguments that as…
And it appears I misread your earlier point. You were talking about the lower court "predicting" the higher court, and not deciding on the same cases. My point was that cases that go to multiple courts are the ones that are hard to decide, but it's moot.
Re: Louisiana Judges Issue Harsher Sentences When the LSU Football Team Loses
#90Earlier 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…
I don't see any discomfort presently, even though the constitution exempts prisoners from protection against slavery.The Thirteenth Amendment, Section 1: "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."[1]
1. Stolen from https://news.ycombinator.com/item?id=2037139