|
Retribution is a strongly rational choice for a society aiming to minimize the total amount of injustice, since it interferes with the incentives structure of those perpetrating injustices. The majority of criminals make an intentional choice and know they are harming others, they are not irrational victims of circumstance or of their upbringing. So, to the extent that the justice sistem can identify truly antisocial crime (and not ridiculous offenses like 5y mandatory minimums for weed), making the criminals suffer sets a strong social example: if you perpetrate this particularly heinous crime, you will a pay a price so high that it will not be worth it. And since, by definition, only a fraction of criminals will be caught, those that are caught must suffer extra to asymptotically balance the risk/reward ratio - if I get caught stealing I don't just compensate the victim for the stolen good, thereby "paying my dues", that will just motivate me to get better at stealing. Rather, the penalty should completely obliterate any gains I could hope to make in a successful thieving career, and then some, to dissuade me to go down that path in the first place. Rehabilitation is an important concern, but it's only secondary to the primary goal of the justice system, making crime not worthwhile. If all I get for running over people while drunk is an obligation to go to AA meetings, then the drunk driving law becomes irrelevant, you might as well leave it to the individual conscience. |