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Xithras

(16,191 posts)
22. And that's why fair societies don't let victims pick punishments.
Mon Sep 12, 2016, 10:59 AM
Sep 2016

Victims usually want vengeance or revenge. They want to get even or "hurt them the way they hurt me".

Punishment is not justice. Punishment CAN BE justice, or can be an aspect of getting justice in some situations and with some crimes, but to say that you can't have justice without punishment is to miss the point of what "justice" really is.

Our legal system punishes intent, not action. Look at these three situations. Someone is driving down the road, reaches down to change the radio station, and runs over a pedestrian crossing in a crosswalk, killing them instantly. Someone is driving down the road, sees a pedestrian crossing, and runs then down on purpose because they don't like their skin color. Someone is driving down the road, has a seizure behind the wheel, and runs down a pedestrian because they lose control of their vehicle.

In all three situations, the same physical action takes place. A car is traveling down the road, fails to stop for a pedestrian in the sidewalk, and that failure kills the pedestrian. Lets reiterate that last bit...in all three, the victim is just as dead. And yet, the first driver will probably end up facing some kind of negligent homicide charge and will get a few years in prison, while the second driver will face first degree murder charges and the third driver probably won't face any charges at all. The difference is intent. The first driver didn't intend to kill anyone, but allowed his negligence and inattention to cause harm. The driver will be punished for that negligence. The second driver, on the other hand, is a cold blooded murderer. And the third? That driver had no control at all. Not only was there no intent, but there was nothing the driver could have done to stop it.

And that's why victims, survivors and their families don't get to pick punishments. It's not the action or the outcome that matters, but the intent of the accused. The family of the pedestrian killed by the seizing driver will be grieving just as much as the family of the pedestrian killed by the racist murderer, and will likely demand similar justice, but to give that to them would be the height of injustice because they are radically different situations.

When the severely mentally ill commit crimes, they tend to have more in common with the third example than the second. It's a tragedy for the victim, but the crime is often driven by the physical illness and not the conscious decisions or negligence of the perpetrator. Nobody chooses mental illness, and when the mentally ill commit crimes, the appropriate societal response is treatment and not incarceration.

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Should not be tried as adults metroins Sep 2016 #1
The problem is Wisconsin law ripcord Sep 2016 #3
Ah. metroins Sep 2016 #4
I feel sorry for the victim ripcord Sep 2016 #5
Well this doesnt make sense to me because if she was really insane or had some other mental issue cstanleytech Sep 2016 #2
Well, for one thing, in the first place it wasn't certain she'd be judged as an adult. HereSince1628 Sep 2016 #7
Still why not submit an Insanity plea right off even if she was to tried as a minor? cstanleytech Sep 2016 #8
Maybe because back then there really wasn't anything to base it on? HereSince1628 Sep 2016 #9
Still seems odd to not plea it in the first place to me but then again cstanleytech Sep 2016 #11
Possibly her parents were in denial at first, then later came around to reality ColemanMaskell Sep 2016 #16
Sound strategy. If you plead it ... Whiskeytide Sep 2016 #23
Nothing crazy about "impressing Slenderman"? yallerdawg Sep 2016 #6
They tried to kill someone to impress a fictional character. christx30 Sep 2016 #13
need to remember this is wauksha county perhaps the most gop of all in the state dembotoz Sep 2016 #10
Is there any evidence..... ProudToBeBlueInRhody Sep 2016 #12
appears they did it...but they were 12 yrs old dembotoz Sep 2016 #14
How does the real victim who..... MicaelS Sep 2016 #15
What justice can the courts give her, anyway? Xithras Sep 2016 #20
If I'm ever stabbed, and I survive, christx30 Sep 2016 #21
And that's why fair societies don't let victims pick punishments. Xithras Sep 2016 #22
She is not a party to the case and her remedy is in civil court. Private prosecutions in Wisconsin 24601 Sep 2016 #25
Yeah, no. Sand Rat Expat Sep 2016 #17
legal smeagal trying 12 year olds as adults it just wrong dembotoz Sep 2016 #18
That's your opinion. Sand Rat Expat Sep 2016 #19
yes it is dembotoz Sep 2016 #24
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