Is justice achievable without comparing the wrongness of all types of crimes? If not, how do we achieve it?

ggleblanc2 · 2023-01-18T23:34:01+00:00

The only way justice is achievable is by using a holistic approach.

One must consider the circumstances of the crime, the number and severity of previous crimes, the attitude of the defendant, the defendant's upbringing, the defendant's current circumstances, the amount of damage caused, whether or not the defendant can pay or perform restitution, and other factors I can't recall to come to a just punishment.

mikesteane · 2023-01-19T08:16:44+00:00

My view is that the only job of the judiciary is to protect society. Sanctions should not judge moral wrongness, but should apply the most effective penalties to protect society. Thus a calculated crime, such as embezzlement or managing a crime syndicate needs to attract a penalty large enough to dissuade the perpetrator from committing the act. The penalty needs to be proportionally higher, the lower the chance of getting caught is. This is not a reflection of how evil a particular crime is, but a calculation of how best to deter the perpetration of any given anti-social act.

e.g. Theft could be dealt with this way:

Last year, in a given area property worth 6.5 million dollars was reported stolen. Of this, police or owners were able to recover 1/2 a million's worth a factor of 1:12. Theft should therefore attract a fine 13 times higher than the value of the goods stolen as a starting point before any other sanctions are imposed.

It is not for me or anyone else to have the power to judge the moral worth of others and their actions. It is, however, necessary, to take actions to minimise the damage caused by illegal behaviour.

As for rehabilitation, someone fined the cost of the two hundred stolen bicycles that were never recovered because of the one found in their possession will soon learn not to steal things.

g1455ofwater · 2023-01-19T10:46:12+00:00

Putting that restriction into exercising justice is at best pointless and arguably evil since you would be intentionally interfering with justice for no good reason. Comparisons are one of if not the best way to reach a conclusion on what is justice. Investigating a murder scene is unpleasant too but that doesn't mean it shouldn't be done.

Title	Is justice achievable without comparing the wrongness of all types of crimes? If not, how do we achieve it?
Author	zakarai
Upvotes	0
Comments	7
Date	January 18, 2023 11:24 PM UTC (3 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/10flsvu/is_justice_achievable_without_comparing_the/
Archive Link	https://theredarchive.com/r/MensRights/is-justice-achievable-without-comparing-the.1149815 https://theredarchive.com/post/1149815

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