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by rzwitserloot 2451 days ago
Yes, they do.

What would you like the point of your country's justice system to be? To be a venue for state controlled vengeance, where the victims (or the friends and family of a victim if somebody died) get to enjoy the fact that at least the criminal got their life ruined as well?

Or would you like it to be to attempt to deal with criminals in a fashion that reduced recidivism as much as is possible, allowing for compensation of victims where reasonable and possible, but providing explicitly no vengeance-based 'compensation'?

Because a justice system is going to look radically different depending on which option you want (especially if you're trying to optimize it so it does what you want it to do well, fairly, and cheaper than alternatives) – and the anti-recidivism style leads to vastly lower levels of crime. It's also vastly cheaper for society.

When you feel outrage at a child molester getting 5 years in a comfy jail cell, getting a state-paid education to boot – that's your sense of vengeance being offended. Be aware that satisfying it is incredibly expensive.

When you feel outrage at a child molester that gets out after 15 years and strikes again soon after – that's presumably you being upset that the justice system is, based on a rather lacking 'anecdotal evidence of 1', not doing its proper job.

Even if punishment isnt the point at all, incarceration and other restrictions of personal freedoms are likely required. How do you prevent recurrence of the crime?

There are some drastic options available. You could, purely out of economic expediency, just execute all criminals. But even if you're morally okay with that drastic measure, in practice that has a lot of externalities. so, _IF_ you free criminals at some point, it makes very little sense NOT to focus on reducing recidivism rates.

One could consider the punishment itself as an anti-crime measure: Use the fact that if you are convicted of a crime, you will be punished, as a deterrence. For some types of crime it works well, but for many, it has barely any effect. Crimes of passion and sexual deviancy just aren't reduced by measurable rates by increasing the punishment if caught and convicted, for example.

Add it all up? Yes, please. Provide counsel to criminals before you consider the punishment (but, as they ARE criminals, if the most effective counsel the state can provide requires significant reductions in personal freedoms, by all means).