What you describe is the system of justice we had back 250 years ago. The whole reason for the formalistic procedures involving a jury and Judge and all these rights given to the accused were because if he was convicted then he was most likely looking at a quick public hanging. The State has to prove guilt beyond any and all reasonable doubt because there’s no going back once the guy’s head rolls off the chopping block. Over time however, punishments got more lenient, judges became way softer, and due to the way the appeals process and appellate courts work, justice can only get ratcheted one way, softer.
Now somehow there’s US Supreme Court precedent saying it’s cruel and unusual punishment to execute someone for a crime that didn’t result in anyone’s death. How does that make any sense when back during the founding of the US they were executing people for horse thievery?
Your post is obviously correct and I think there’s about 3 reasons right now that it’s anathema to public policy. 1) The general public has a totally mistaken understanding of why people commit crimes, how they could be made to stop, and how criminals are being punished right now. 2) Judges and other people in the criminal justice system are numb to just how evil criminals are because they have to interact with these depraved people every single day. 3) There is now a sizable portion of the population who is actively pro-criminal because they hate the US.
What you describe is the system of justice we had back 250 years ago. The whole reason for the formalistic procedures involving a jury and Judge and all these rights given to the accused were because if he was convicted then he was most likely looking at a quick public hanging. The State has to prove guilt beyond any and all reasonable doubt because there’s no going back once the guy’s head rolls off the chopping block. Over time however, punishments got more lenient, judges became way softer, and due to the way the appeals process and appellate courts work, justice can only get ratcheted one way, softer.
Now somehow there’s US Supreme Court precedent saying it’s cruel and unusual punishment to execute someone for a crime that didn’t result in anyone’s death. How does that make any sense when back during the founding of the US they were executing people for horse thievery?
Your post is obviously correct and I think there’s about 3 reasons right now that it’s anathema to public policy. 1) The general public has a totally mistaken understanding of why people commit crimes, how they could be made to stop, and how criminals are being punished right now. 2) Judges and other people in the criminal justice system are numb to just how evil criminals are because they have to interact with these depraved people every single day. 3) There is now a sizable portion of the population who is actively pro-criminal because they hate the US.