|
a good (compassionate) justice system is supposed to deal with: - safety, for society (removing direct threats) - deterrence, for other would-be criminals in society - rehabilitation, providing the opportunity to "be better" for the convicted - providing a minimal "lightning rod" to address and quell the (human/societal) instinctual/primal urge for vengeance Note that the latter is no more than a smokescreen to distract ourselves when we're not being aware of what this lust for vengeance basically is. On the animal level (present in all primates and certain mammals), there is a very fundamental desire for "fairness". It's a very rudimentary "moral" system, evolved to deal with a fundamentally amoral universe. It kind of works but it's not very optimal. Humans are smarter than that now, and we can observe this desire and figure out better systems. It's called "ethics", we've been puzzling over it for thousands of years, it's not solved but we have figured out a thing or two. Vengeance is the opposite of forgiveness. If you know about forgiveness, if you ever had to forgive something that was somewhat hard to forgive, and did the necessary introspection to succeed, you've learned this: You do the forgiving for yourself, not for the other person. It's a change in your perception of their guilt, you're not clearing a "guilt flag" in them, they still did what they did, you don't need to forget, you don't need to offer them anything, you don't even need to let them know you've forgiven them. Forgiveness is the decision to let go of this primal lust for vengeance. And that can be a hard decision if the thing the other did is very bad. And that's good because it should not be a light decision. Enacting the vengeance can temper this lust, but if you've already found better ways that deal with the first three points above, that is its only function left. So we can find better, more compassionate ways to deal with that, too. Which is why some form of punishment must be part of a justice system; It doesn't feel fair otherwise and you can't expect the whole of society to just get over that. Because we're still monkeys and in large numbers, on average, even more so. But just like we've subverted so many of our other primal urges in ways that are more useful in a modern society, we can really make this punishment as symbolic as our primal instincts allow for. If we've taken care of those first three points, that's really all there's left to do. And you don't need a lot, at all. It needs to be cemented in culture, but it can be done. Proof is, assuming that US humans are sufficiently similar to humans everywhere (which I like to believe, don't you? :) ), all those societies on this earth that have way less harsh punishments, shorter sentences and less awful prisons (US prisons are a bit on the... ehm.. medieval side of the spectrum). They don't get up in arms or feel that justice isn't "fair" enough any more than that nameless, shifting part of society that will always complain punishment isn't harsh enough. Which doesn't actually get any less than it is in the US with harsher punishments. Neither are these societies being overrun by criminals. |
