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by tucson
4892 days ago
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Would be interesting to see statistics of average sentence per crime. Something that would rank all crimes from highest average sentence to lowest, and where visitors can vote for sentences to go up or down. Crowdsourcing justice? Or is it better to leave justice in the hands of the few? |
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Sounds like something extremely likely to have the "voters" self-select in a way that biases the results. You can easily imagine e.g. prison companies exhorting all their employees to vote in favor of excessive sentences for the things in danger of having their excessive sentences reduced or eliminated, with the argument that if it happens they'll lose their jobs.
But more than that, it seems pretty obvious in general which crimes have excessive penalties: It's the non-violent not-for-profit ones with felony penalties. I'm sure you can think of specific exceptions (e.g. "not-for-profit" state-level espionage), but in general it's a very good heuristic.
In particular, the "assume profit from volume" characteristic of some of these laws is a major failure that needs to go. With the drug laws the limits are set sufficiently low that you have recreational users who just buy/have a lot at once entirely for personal use being prosecuted as distributors, and with copyright the number of copies made is so far abstracted from the actual harm to the copyright holder and is so hard to accurately measure that making it the deciding element in criminal law is a blunt instrument at best and to be less kind is exactly the sort of thing that can lead to the felony prosecution of someone like Aaron Swartz. If the government wants to prosecute someone for engaging in a for-profit activity, they should have to actually prove that you made a profit from it.