OK. First draft. All comments welcome.
"Sentencing" Guidelines for Violent Criminals from a Problem Solving Focus (work in progress v1.0)
1. Restitution. Criminal makes or contracts to make restitution to victim: return, replace, or compensate for stolen or destroyed property, restore intangibles wherever possible, compensate for losses. To the extent that restitution is not practicable, the criminal incurs an obligation to provide equivalent value to society. The amount and form of the restitution are negotiated among the judge, jury representative, criminal, and victim. Criminal gives up any and all rights to any profits from the crime but those profits may be part of the restitution deal.
2. Future threat from criminal. Criminals are sorted into three tiers: persistent criminals, single offenders, and unknown. Unknowns are confined to facilities that evaluate them until they can be classified definitively and during which time they receive rehabilitation therapy. Single offenders are penalized by loss of reputation and general social opprobrium and released. Persistent criminals are kept from society via death, incarceration, or technological means of separation until such time as they are no longer a threat. They may become no longer a threat via age, physical condition such as illness or castration, changing circumstances such as the development of the skills to obviate the need for continued criminal behavior, or conversion. |
