07-07-2003, 05:06 PM
The punishment should fit the crime
I disagree. It should fit the criminal.
I suppose it needs to fit both, but you make an interesting point. Problem is, fitting punishment to the criminal raises the theoretical argument that fairness and equal protection is not being applied, rather a "custom fit justice system" would be what was applied. Somewhere, in the back of my head, the idea of punishment need fitting the crimnial --makes sense to me-- gets caught in slippery slope arguments where "tailored" sentencing evolves into "if you are Hispanic, you get four years, Asian, you get 3, Anglo, you get 2, and Black gets 7" or abuses of that sort.
However, if we could make the punishment fit the criminal, you hit Martha Stewart, if convicted of securities violations, massively in the wallet, which is where rich people really feel pain: all court costs, tripled, and ___ fine consistent with whatever SEC rule she violated, tripled (due to not just paying her fine and promising to be a good girl in the future) and repay SEC for the time they spent on her case. That would be, in my view, a nice piece of tailored justice, custom fit to both the criminal and the crime.
I disagree. It should fit the criminal.
I suppose it needs to fit both, but you make an interesting point. Problem is, fitting punishment to the criminal raises the theoretical argument that fairness and equal protection is not being applied, rather a "custom fit justice system" would be what was applied. Somewhere, in the back of my head, the idea of punishment need fitting the crimnial --makes sense to me-- gets caught in slippery slope arguments where "tailored" sentencing evolves into "if you are Hispanic, you get four years, Asian, you get 3, Anglo, you get 2, and Black gets 7" or abuses of that sort.
However, if we could make the punishment fit the criminal, you hit Martha Stewart, if convicted of securities violations, massively in the wallet, which is where rich people really feel pain: all court costs, tripled, and ___ fine consistent with whatever SEC rule she violated, tripled (due to not just paying her fine and promising to be a good girl in the future) and repay SEC for the time they spent on her case. That would be, in my view, a nice piece of tailored justice, custom fit to both the criminal and the crime.
Cry 'Havoc' and let slip the Men 'O War!
In War, the outcome is never final. --Carl von Clausewitz--
Igitur qui desiderat pacem, praeparet bellum
John 11:35 - consider why.
In Memory of Pete
In War, the outcome is never final. --Carl von Clausewitz--
Igitur qui desiderat pacem, praeparet bellum
John 11:35 - consider why.
In Memory of Pete