home *** CD-ROM | disk | FTP | other *** search
- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!darwin.sura.net!paladin.american.edu!auvm!BROWNVM.BITNET!PL436000
- Message-ID: <POLITICS%92122910424098@OHSTVMA.ACS.OHIO-STATE.EDU>
- Newsgroups: bit.listserv.politics
- Date: Tue, 29 Dec 1992 10:42:21 EST
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Jamie <PL436000@BROWNVM.BITNET>
- Subject: Penal Goals
- Lines: 98
-
- From: Andy Freeman <andy@SAIL.STANFORD.EDU>
-
- >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.
-
- To punish more severely those crimes they think are more heinous.
-
- >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.
-
- I think my suggestion is more plausible. But I don't know what
- was in the minds of the various legislators.
-
- >>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?
-
- I give up. Why should we?
-
- >>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?
-
- Nope.
- But my point was, if the idea is supposed to be that
- punishment deters by raising the costs to the criminal
- of committing the act, then its not likely to have that
- effect if the potential criminal does not worry about
- costs and benefits.
-
- I don't see why it matters whether the calculation AIMS
- at death or not.
-
- >>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?
-
- (I assume the implied answer is supposed to be, "The Supreme
- Court.")
- The Court does not have the task of deciding which of the
- various state laws passed were poorly thought out, or badly
- implemented. It has the task of protecting constitutional
- rights.
-
- I suppose I might be sympathetic to a challenge to the
- Wisconsin law based on the "cruel and unusual punishment"
- clause. Was such a challenge raised?
-
-
- >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.
-
- Essentially, that's right.
- As I see it, a punishment that satisfies a thirst for revenge
- but has no other value is cruel and unusual. (I'd settle for
- evidence that meets a lower standard than "clear and convincing,"
- but I'd insist on a bit more than "seems right to me.")
-
- >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.
-
- The defensible goal (which I am not, actually, defending--I think
- it is important that there be a defensible goal even if I would
- not want to defend it) at work in the Wisconsin law is, to
- punish the more odious crimes more severely.
-
- I have argued that it is a goal like that at work in the
- penal distinction among kinds of homicide. That at least
- counts, I think, as a prima facie defense of the goal.
-
- Jamie
-