Endlessly Amazed
Endlessly, you know, amazed
- Joined
- Aug 6, 2020
- Messages
- 1,379
- Location
- Arizona, USA
I do understand. You and I disagree. I do have some background in the US with the judicial system, domestic violence, and the broader topic of recidivism. I also personally have known a few career criminals, both of the violent crime and white-collar crime varieties, who had careers lasting decades. Whenever they were released from prison, they re-offended within a short time, were caught, convicted again, put into prison, released, reoffended, etc. It was a career. They were all remarkably cheerful and employed their intelligence to not getting caught, not re-offending. They blamed their victims and the judicial system. Blaming the victim was 100% with domestic abusers I have personally known.This escalation of offending is not my individual take on things. It is nothing to do with any personal view I may hold on the death penalty.
It happens when a crime is perceived to be punished so harshly that an offender might as well commit a more serious offence because they have nothing to lose.
Going back to the kidnapping: If the penalty for abduction is the same as for murder, then a person who is abducted will be at more risk.
There are all sorts of further possible consequences, all bad.
What if the abductor and their victim are tracked down and a rescue attempt is made? The abductor is already likely to be executed. They have no incentive to release their captive. Even shooting the rescuers won't make things any worse.
This can be explained with the example of sex offences. If a society were to become so outraged about rape that it began sentencing rapists to death, then several serious consequences would follow.
One might be that more victims would be murdered; a dead victim cannot testify.
Another is that where the victim was spared, juries might feel the death sentence too serious for the offence and find offenders not guilty.
Here in the UK courts have various punishments available for driving offences including fines, licence 'points' that make insurance more expensive, temporary bans, permanent bans, suspended sentences and actual prison sentences and so on.
Nobody is banned for a first, trivial offence. Persistent offenders are given stiffer punishments and most learn their lesson.
If a person committing a first minor speed offence had their licence automatically removed there would be no respect for the law. When they saw the blue lights following them there'd be no incentive to stop. They might as well try to outrun the police car - nothing to lose.
Instead, Brits will glance in the rearview mirror, sigh, pull over and practice their 'I'm terribly sorry, Officer, was I going a little too fast?' routine. Worth a shot.
You write: "There are all sorts of further possible consequences, all bad." I suggest that all possible consequences include the certainty that the offender, executed, would not go on to commit more crimes. This is not bad. Really. I did not write that a convicted offender should be executed after the first offence; just early on in his or her offending career. I do understand and support the escalation of punishment to fit the nature and escalation of the offense. I do support, on the taxpayer's money, efforts to rehabilitate.
Escargot, we will have to agree to disagree on this. In the aggregate, facts exist to support both sides of the discussion. On an individual basis, which is where justice resides, all the facts of the individual situation should be, but sometimes are not, considered.