| We cannot afford a system of justice that can be accused of being too arbitrary. If there were trust in the discretion of all concerned, tailoring the sentence through negotiation might have an appeal. But there is no such trust, and the situation is eminently abusable. The only way to maintain public trust is to have sentences be roughly similar for the same offenses, with some latitude for differences of circumstance. Second, even with restitution, there is the residual fact that the person acted with malice aforethought, and that return to the status quo ante does not address the offense proper. Of course, a fine is sometimes imposed in lieu of jail time, or one is made to do community service. I am in favor of alternative sentencing where it makes sense. Nevertheless, fines and involuntary servitude are meant to punish, as much as jail time. One's malice must be repaid, that is, one must be made to feel the consequence of having done something bad, and that consequence must exact a price, it cannot be good or neutral.......... |
