Initial thoughts

Why we punish

Deterrence

Still, we punish in the face of data that tells us deterrence doesn’t work. We punish in circumstances where it isn’t logical that deterrence will result.

Just desert

And yet, we punish A, who has served time for X crime, more than we normally would for Y crime, because of his history- so we are either punishing him for who he is (punishing a person for being ‘bad’- and isn’t this transcending the law to a realm of morality) or we are punishing him above his just desert (either adding punishment on to X crime of the past, or enlarging punishment for Y crime more than Y crime actually merits).

Incapacitation

But many crimes are not extremely violent. Further, we re-release prisoners, at which point they are influenced by the system and perhaps more likely to be violent (true?) or at the least able to be free to commit crimes again. If we followed this to its fullest, we would lock people away for life and be 100% sure to prevent recidivism.

Rehab??

Involuntary rehab/institutionalization is prison by another name; how do we justify this?

Death Penalty

“The man you kill is not the same man who committed the crime.” What happened to ‘cruel and unusual? What about rampant discrimination?

Perceptions

Would we actually punish A, if we know no one would see or know?

Hypocrisy

We punish even when we think we might have acted the same way given the circumstances. Hypocrisy? Or necessary to uphold law/standards/perceptions of a moral code of a justice via the law?

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