(July 7, 2015 at 8:42 am)Dystopia Wrote: For people using the "What if it was your family?" argument - You do realize that the reason courts of Law and judicial calls are decided by impartial entities without any previous relationship with both the victim and the transgressor is precisely to prevent penalties based on emotional responses and apply the best possible punishment rationally, right? To say that the victims should have a saying in the punishment is contrary to most penal principles and it violates Justice itself .
Abstractly speaking, the reason we punish criminals is not because they harmed a specific victim, whether it's Jane or John, it's because they broke the law, constitute a danger to society and reveal personal indifference towards our most sacred rules and values.Criminal law is based on values, values we considered unanimously accepted by most people, and those who don't respect the law are violating and reacting with disdain and apathy towards those values and therefore are not fit to live in our society with complete freedom because they need to be rehabilitated or imprisoned. To make things easier to understand - The reason we punish someone who commits murder is not because "they murdered X" but because that person broke the law saying "Thou shall not murder" - We don't punish the result, we punish the conduct, the action itself - That's why we punish attempted crimes and not just consummated ones. Crime punishes our actions, not the results - The result is merely aggravating and helps define the legal definition of the crime being appreciated, but the reason we punish people is because their actions reveal antagonism towards our values.
Hear, hear!!
Well said Dys!
Thief and assassin for hire. Member in good standing of the Rogues Guild.