Posted by laramiebob on 1/11/2021 11:28:00 AM (view original):
"The American mainstream and progressive Democrats agree that it should be easier for convicted felons to be rehabilitated into society."
Is this so??
I think I'm a fairly mainstream American (admittedly not self identifying as a "progressive" based on the present view of such) and I absolutely DON'T agree that it should be easier for "convicted felons" to be rehabilitated into society........ at least in general. I think it MUST depend on the felony. Type, amount of violence (if ANY!), length of sentence (and amount of it served!), etc.
I would tend to support the concept of rehabilitation for NON-Violent felonies, such as simple drug possession, etc.
Other criminal acts would entirely depend on the CRIME and (possibly) the circumstances.
I don't think it's possible to "rehabilitate" individuals who have pursued a type of anti-social behavior their entire lives. A life of illicit behavior is NOT going to be "rehabilitated" period. Full Stop!
For example, guys like Roger Stone are ALWAYS gonna be Roger Stone, they ARE gonna do what they've ALWAYS done.
Rotten to the core is rotten to the core. There is nothing edible there.
Same with Trump!
Sorry Bob, but I couldn't disagree with you more. It's because of basically the same problem that I've had with dino recently - I'm not comfortable accepting you as the ultimate arbiter of who can and can't be rehabilitated. As counterintuitive as it may feel, I think you wind up with the fairest and most equitable system if you make all the legal codes as black and white as possible. The more shades of grey - circumstances, anything about the nature of the crime other than explicitly what the conviction was for - opens the door to all kinds of bias. This is exactly the problem we already have with unequal treatment of blacks and whites under the law. There is significant discretion in sentencing based on the gut feel of the judge for things like how dangerous the convicted is. But we have significant studies demonstrating that Americans - including black Americans - implicitly associate blacks with being more dangerous and violent than whites. So how surprising is it that we sentence them more harshly?
If your rules are explicitly dependent on the nature of the conviction, I suppose that works, but given that the large majority of criminal charges are plead down even that is potentially problematic. I certainly don't want judges, or even juries, getting to make decisions about whether or not people are capable of change. As I said at the beginning, it's counterintuitive to most people, but I suspect the best justice is served when there is
less bench discrimination in sentencing, parole, etc. We have this sense that things will be fairer if humans can listen to all the extenuating circumstances and details and then use their judgement to come up with 'fairer' decisions than if they just followed a checklist. But if you've read any of the various popular books on human decision making published in recent years, you likely already know that if you want to receive a lighter sentence the best thing you can do is... get on the court docket shortly after a meal. Judges are MUCH harsher as they get hungrier. They feel worse, and the brain generally assumes that the negative feeling is the same as negative feelings generated by, say, the description of the crime. Minimal judicial discretion is generally going to be much more equitable. Make sentencing dependent on a checklist and go with it.