There are three sides to punitive (as opposed to reformative) justice:
1. Protection of society from the convicted -- Appropriate to a point; Nothing stops him from running another illegal scam so long as he has communication with people with the power to do such things. However, that's only true if his communications are monitored, or if he's put in solitary. It's also only true up until he dies; 100 year plus sentence for a guy already near that old?
2. Dissuasion of others to enact similar crimes. (I don't think punishment has much, if any, dissuasive impact on people who would be likely to commit the crime. Even primarily fear-controlled societies still have an underground where people risk their lives to do things that would seem trivial in other places. People who think that legal punishment has significant dissuasive impact are living in their own little world...)
3. Revenge...And I think that's mostly what this is about. Whenever you hear someone saying that so-and-so deserves such-and-such a punishment, it's about revenge.
Thursday, July 2, 2009
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