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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!paladin.american.edu!auvm!SAIL.STANFORD.EDU!ANDY
- Organization: Computer Science Department, Stanford University.
- Message-ID: <9212282257.AA09477@SAIL.Stanford.EDU>
- Newsgroups: bit.listserv.politics
- Date: Mon, 28 Dec 1992 14:57:45 -0800
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Andy Freeman <andy@SAIL.STANFORD.EDU>
- Subject: Re: intent and punishment
- In-Reply-To: <POLITICS%92122811053173@OHSTVMA.ACS.OHIO-STATE.EDU>
- Lines: 82
-
- >>Suppose our goal is to reduce the occurrence of harmful acts. That
- >>provides a basis for distinguishing first time "I tried to do that"
- >>and "oops, I didn't mean to do it"; that basis is that it's probably
- >>easier to adjust the behavior of the latter person than that of the
- >>former. (After someone has said "oops" a number of times, we
- >>obviously need more effective measures such as those we use for "I
- >>tried to do it".) If it turns out that it's actually easier to change
- >>the behavior of "I wanted to kill her" than "oops", then the "oops"
- >>people get the serious hosing (to the extent that serious hosing
- >>works).
-
- >His claim seems to be this. We should assess LIGHTER penalties
- >against those who are "easier to convince." That's a bit
- >unclear to me.
-
- No. My claim is that if we're punishing to reduce the incidence, our
- punishment strategy should reflect that. If we have other goals, our
- strategy should reflect them. I'm trying to find out what goal the
- "hate crimes deserve more severe sentences than other intentional
- acts" folks have.
-
- I showed that "prevent harm" required some additional evidence. I
- proposed another, namely "nazis are bad", and suggested that it wasn't
- a good particularly good reason. It seems reasonable to expect the
- proponents of hate-crime laws to know the good reasons so I'm asking.
-
- >Suppose the HARDEST people to convince are
- >those who commit violent crimes in the heat of the moment.
- >Such people just don't calculate the costs in advance.
-
- Why should we worry about crimes committed by purple cows?
-
- >It doesn't make much sense to threaten such people with
- >stiffer penalties. Stiffer penalties won't deter them.
-
- Okay, so we'll let said purple cows walk. Was I supposed to object to
- this?
-
- >But we do not punish criminally negligent homicide more severely
- >than unpremeditated murder, even though the former is likely
- >to involve more calculation, and be more "deterrable" than the
- >latter.
-
- I like the assumption that degree of calculation implies something
- about deterability. (Criminally negligent homicide does not imply
- "calculation aimed at death", it implies calculation aimed at
- something ELSE with a marked disregard for whether or not death
- occurs.) How about some data?
-
- >In any case, it may well be the case that racially motivated
- >crimes are deterrable by more severe threats. As Andy says,
- >we need more evidence. But on the face of it, gathering
- >evidence and deciding which kinds of deterrence works is
- >a job for state legislatures, not for the Supreme Court.
-
- And, who decides whether or not said legislators bothered to
- gather said evidence and make such a determination?
-
- While I haven't seen anything that indicates that said legislators did
- bother, everything I've seen indicates that they're acting on the
- "nazis are evil so let's hose them when they step out of line" theory,
- maybe they did. Does anyone have the relevant evidence?
-
- >(This is sort of ironic, I think. During the most recent
- >on-list discussion of capital punishment, *I* was more or
- >less insisting on a deterrence justification for punishments,
- >and Andy was suggesting a different account.)
-
- My impression was that Jamie was arguing that nothing short of clear
- and convincing evidence for a deterrence effect of capital punishment
- was adequate justification for capital punishment. While I probably
- pointed out that we don't have that standard for any other punishment,
- which is relevant because most people "killed" by the criminal justice
- system aren't explicitly sentenced to die and we certainly meet the
- "should know that deaths will occur" standard, I tried to emphasize
- that there are other defensible goals and defended them.
-
- Now I'm asking the proponents of "hate crime" laws to come up to that
- same standard.
-
- -andy can do it, so it isn't too much to expect from "good people"
- --
-