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ZorbaTHut  2yr ago (text post)   35553 thread views

Culture War Roundup for the week of September 19, 2022

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I was a bit unclear with the "until they're 60" line I was quoting, but I'm fully for locking that type of offender up for the rest of their natural life with no chance of parole. If I related to the victims, I would probably want blood, but there are other considerations beyond personal satisfaction. Locking him up this way ensures he's never able to harm an innocent citizen again and lowers the likelihood of him person harming the people who have to live with or guard him in prison. In a world where we could 100% verify guilt without bias, I have no issue with the death penalty, but for practical reasons I'm against it.

The others probably shouldn't be jailable offences to begin with.

How should we punish comparatively minor offenses? I think we should come down hard on crimes that don't produce a body like thievery and armed robbery since they lower trust and make people feel unsafe, even if the objective harm they have is minor compared to some white-collar crimes. Just because I don't want those people around doesn't mean I want them to face constant prison violence, though.

How should we punish comparatively minor offenses? I think we should come down hard on crimes that don't produce a body like thievery and armed robbery since they lower trust and make people feel unsafe, even if the objective harm they have is minor compared to some white-collar crimes.

None of those are minor crimes. Indeed, white collar crimes are the type that have the least intuitive reason for actually jailing them, because sullying their reputation is enough to prevent their repeat. Theft is a serious crime prone to repeating, which is why incapacitation via jailing is appropriate.

I'd presume a large part of the point of jailing white-collar criminals is to prevent first offenses.

Some split between deterrence and punishment is likely. You can see rhetorically, there is often heavy emphasis on punishment.

People bring up the discrepancy in sentencing between white collar and blue collar crimes as a flaw in the justice system all the time and I've literally never heard this counterargument. And I have no idea why, because it makes perfect sense and reading it made me do a 180 from tentatively against this apparent double standard to tentatively in favor of it.

This is one of the best compliments I've gotten on here, thanks!

The term you're looking for in the philosophy of punishment is "incapacitation"--making the criminal incapable of repeating his crime. Imprisonment gets there by putting physical separation between the criminal and his potential victims.

I'd be surprised if they didn't also cover deterrence, both general and specific?

And after 20 years they are middle-aged. Definitely not impossible to commit crimes of violence any more (and if the original crime was against a small child or an elderly person, sure, this does not apply) but if they hang around any criminal elements in an attempt to, say, get an illegal handgun or fence some goods, they are likely to just become another victim.

Yes, incapacitation no longer applies as a justification when the circumstances aren't met. Imprisonment meets the incapacitation justification for the duration of the imprisonment, but not afterwards. Capital punishment meets the incapacitation justification permanently, as can various forms of maiming in the cases of specific crimes.

If reality is a rich tapestry, philosophy often involves taking a microscopic look at one of the threads. This is one of those cases. If you're looking to make policy, you should definitely consider way more factors than whether a specific type of punishment meets a specific philosophical justification!

But then again, I have the luxury of believing in Hell. God is the retributive one, and he doesn't convict the innocent, only the state does that.

I wouldn't describe the Christian God as "retributive."

If a Christian man murders 12 Muslims and repents afterwards, does the Christian man go to Heaven while the Muslims burn in Hell? That's not "retribution" and not even "mercy", it's abominable behavior of an unjust and arbitrary tyrant.

God is also responsible for making the criminal in such a way that they would be inclined to commit heinous crimes...

How should we punish comparatively minor offenses? I think we should come down hard on crimes that don't produce a body like thievery and armed robbery since they lower trust and make people feel unsafe, even if the objective harm they have is minor compared to some white-collar crimes. Just because I don't want those people around doesn't mean I want them to face constant prison violence, though.

Well just fine the criminal, you generally wouldn’t mind if someone stole 1000$ from you and then had to return 2000$.

In case of failed serious violent crimes, maybe indeed the video game prison.

Generally speaking people steal money because they don't have any of it. You may as well just put them in prison straight away and save the court the paperwork and time.

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