1) Punishments get scaled by the judged likelihood of guilt, i.e. judge says there’s a 65% chance Bill is the killer, Bill gets 65% of the punishment.
Interesting idea… of course, there would have to be some lower cutoff, else if I were judged to have committed a murder with 20% probability, I would have to serve 5 years.
There might be a place for these probabilities, but I suspect it would be in the appeals process or some such.
2) All punishments become monetary fines varying by judged negative utility, i.e. Judge says murdering Joe was worth x negative utilons, Bill is fined to outweigh damage done with good.
“Make the punishment really fit the crime,” in other words.
This could be conceived; however, “an eye for an eye” has a bad reputation in jurisprudence as a principle. I am personally of the opinion that the law should be there to (1) deter criminals, (2) provide an outlet for the vengefulness of victims and families, not to “put things right.”
Interesting idea… of course, there would have to be some lower cutoff, else if I were judged to have committed a murder with 20% probability, I would have to serve 5 years. There might be a place for these probabilities, but I suspect it would be in the appeals process or some such.
You (hypothetical person) are unnatractive, that raises the probability that you will commit murder or rape. You are hereby convicted and sentenced to p% of death.
Interesting idea… of course, there would have to be some lower cutoff, else if I were judged to have committed a murder with 20% probability, I would have to serve 5 years. There might be a place for these probabilities, but I suspect it would be in the appeals process or some such.
“Make the punishment really fit the crime,” in other words.
This could be conceived; however, “an eye for an eye” has a bad reputation in jurisprudence as a principle. I am personally of the opinion that the law should be there to (1) deter criminals, (2) provide an outlet for the vengefulness of victims and families, not to “put things right.”
You (hypothetical person) are unnatractive, that raises the probability that you will commit murder or rape. You are hereby convicted and sentenced to p% of death.