Sure you can, but people tend to dislike arbitrary and capricious punishments. If you want a roll of the dice to hold up as valid legal reasoning in a sentencing hearing, you’ll have to reform the legal system by quite a bit first.
Funnily enough I am thinking about a post proposing such a change. I am not claiming that this would be a good idea for jail or the legal system specifically. But maybe for community disputes where there is an extremely serious accusation where you know either the accuser or the accused has done something serious (accusation vs. false accusation). I still have to think more about it.
You can totally be put to jail 90%. You can make a randomized decision with 90% jail probability.
Sure you can, but people tend to dislike arbitrary and capricious punishments. If you want a roll of the dice to hold up as valid legal reasoning in a sentencing hearing, you’ll have to reform the legal system by quite a bit first.
Funnily enough I am thinking about a post proposing such a change. I am not claiming that this would be a good idea for jail or the legal system specifically. But maybe for community disputes where there is an extremely serious accusation where you know either the accuser or the accused has done something serious (accusation vs. false accusation). I still have to think more about it.