“…I would argue that the penalty needs to be whatever is required to
stop the behavior and no more…” – Taylor

A few years back, Japan instituted a law that for the first conviction
of DUI, everyone had to lose their driver’s license. A couple of years
later and to the chagrin of the now burgeoning industry of new
chauffeurs, they rescinded the law.


On Nov 5, 1:00 pm, Taylor <[EMAIL PROTECTED]> wrote:
> <<is it saying that punishment for some behaviors should be
> considered relative to the environment that affected the criminal when
> we
> consider punishment like the death penalty? That we can't help
> ourselves in
> some situations? >>
>
> Possibly.  One of the arguments against the death penalty for, say,
> murder, is that murder is usually a crime of passion.  In other words,
> they don't think.  Historically, the data did not support the idea
> that the death penalty reduced the amount of murder.
>
> If that's true, why execute a criminal?
>
> But I think the question is more relevant to accidental crimes.  If I
> get drunk and run over a 10-year-old, why is my penalty so much
> harsher than if I was merely weaving down the road and got pulled over
> by a cop?  In both cases, the crime is the same, driving under the
> influence.
>
> I would argue that the penalty needs to be whatever is required to
> stop the behavior and no more.  The penalty attached to unintended
> consequences is unlikely to be a deterrent because the unintended
> consequences are...unintended.  I don't intend to run over anyone, so
> why should I be concerned about the penalty associated with that
> behavior?
>
> Probably the underlying reason is that we feel that the perpetrator
> "deserves" a harsher sentence.
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