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From: laura@utzoo.UUCP (Laura Creighton)
Newsgroups: net.politics.theory
Subject: Re: Hard case #1
Message-ID: <5090@utzoo.UUCP>
Date: Fri, 22-Feb-85 13:05:26 EST
Article-I.D.: utzoo.5090
Posted: Fri Feb 22 13:05:26 1985
Date-Received: Fri, 22-Feb-85 13:05:26 EST
References: <695@topaz.ARPA> <263@cmu-cs-k.ARPA> <708@topaz.ARPA>, <939@ihuxb.UUCP>
Organization: U of Toronto Zoology
Lines: 33

There is a basic problem with the traditional notion of ``crime and
punishment''. From the time of Hammurabi and the cuniforms we have
been told that having the punishments for a given crime written down
where all (who could read) could read them was a good idea, since
it limited the power of the judges who could pass any sentence for
any crime.

I think that this was the wrong fix. What we need is a better way to
select judges.

When it comes to ``the thief stealing bread'' we have 2 questions --
was a crime committed, and what do we do about it. There is no
question that the crime was comitted, so we should find the thief guilty.
*BUT* now what? It may be that the best thing to do is to sentence
this person to show up at the local Salvation Army organisation,
where he can be fed, and receive help in looking for work.

Since this requires real wisdom on the part of judges, this is always
going to be a difficult job. However, it may be that one corner of the
problem is that, by and large, it is the lawyers who become the judges.
The very personality traits which make for a great criminal lawyer may
not be the ones that make for a great judge. I am not sure what
should be used to select for judges, though -- how does one select
for a good Rabbi, I wonder. 

Anybody have any proposed reforms of the Canadian or American justice
system? I have one -- as a first cut, stop imprisoning anyone except
for those who have committed violent crime and are considered a
menace. Imprisonment is a stupid form of punishment -- an imprisoned
man can not compensate his victims *anything* while in jail.

Laura Creighton
utzoo!laura