A court does the right thing and releases instead of ruining.

[BoomerD]

Ok edcoolio, back to basics: what is the point of punishing someone who has done something wrong?

IMO, it's 3-fold.
1. To hopefully persuade the offender to not continue committing crimes...and even "rehabilitate" them by teaching them a trade of some kind.
2. Punishment. Criminal activities SHOULD bring punishment...and severe enough to aid in item one above...as well as long enough to aid in item three below.
3. Remove the offender from society so they can no longer prey on those they see as their victims.

Of course, as I've said here MANY times, this country should expand on the list of crimes eligible for capital punishment.
Armed robbery, burglary, forcible rape, car jacking/car theft, reposts on internet forums...just a few things that should be automatic death penalty crimes, as well as those who continue committing serious crimes after getting arrested, charged convicted, and jailed...showing that they refuse to be rehabilitated.

 

[mikeymikec]

IMO, it's 3-fold.
1. To hopefully persuade the offender to not continue committing crimes...and even "rehabilitate" them by teaching them a trade of some kind.
2. Punishment. Criminal activities SHOULD bring punishment...and severe enough to aid in item one above...as well as long enough to aid in item three below.
3. Remove the offender from society so they can no longer prey on those they see as their victims.

Of course, as I've said here MANY times, this country should expand on the list of crimes eligible for capital punishment.
Armed robbery, burglary, forcible rape, car jacking/car theft, reposts on internet forums...just a few things that should be automatic death penalty crimes, as well as those who continue committing serious crimes after getting arrested, charged convicted, and jailed...showing that they refuse to be rehabilitated.

Since you're not arguing as if reform is an after-thought, my argument doesn't really apply to you. I will however point out that your second point is circular in the context of my question and your third point is assuming a prison sentence as the punishment.

 

[edcoolio]

Ok edcoolio, back to basics: what is the point of punishing someone who has done something wrong?

The original reason for punishment via the state apparatus is to enforce the primacy of state institutions as final instruments of justice for its citizens.

Without those institutions, citizens left to their own devices historically tend to diminish or remove altogether any rights the accused may have.

The primary point of both methods of justice historically has focused on the removal (permanent or temporary) of those deemed either unable to follow the norms of society or unwilling to take into consideration the well being of his fellow citizens.

Essentially, it has at its core, fairness and justice for the wronged. The needs for an organized society and individual safety override the needs of the criminal. This is the very bedrock of civilization and a bulwark against anarchy.

Retribution is definitely an unsaid and core aspect of all criminal justice systems with the notion of punitive example to others. This example, in theory, will decrease the possibility that other criminals will attempt the same crime due to the punishment.

I understand where you are coming from, but the main purposes of punishing an individual are, as stated above, justice and deterrent.

Again, ideally, the person who chose to ignore common moral and legal precepts like attempted murder and weapons theft can be rehabilitated to become a functional member of society. However, that is, by definition, a secondary or tertiary goal. This goal can only be accomplished once justice for victims has been satisfied.

Remember that the immediate need for safety and justice vs. the needs of murderers and thieves overrides all other concerns. The example to others that this behavior will not be tolerated by society is preventative in and of itself.

 

[theeedude]

What about all the other people who are completely reformed but not accidentally released? Should we stop with these insane mandatory minimum sentences?

 

[mikeymikec]

I understand where you are coming from, but the main purposes of punishing an individual are, as stated above, justice and deterrent.

Actually, you don't. You're focused on the justice system and justifying the purpose of the criminal justice system apparatus as you see it. I was thinking that you ought to start from a viewpoint of a parent when their child does something wrong, and move up from there. That's just aside from the fact that the idea of prison as a deterrent (before the fact) is obviously idiotic as many decades (if not centuries) of history plainly illustrates.

 

[edcoolio]

What about all the other people who are completely reformed but not accidentally released? Should we stop with these insane mandatory minimum sentences?

100% yes.

One of the purposes of judges and juries was originally sentencing. Excessive mandatory minimums take away significant power and render sentencing guidelines moot.

The only power left that, unfortunately is discouraged and used very little, is jury nullification. It is unfortunate that more people do not know about this when they serve jury duty.

 

[Sunburn74]

I think it is very unclear at this time what primary goal of the US justice system is.