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To: Neocon who wrote (15940)6/29/2002 8:18:02 AM
From: Lane3  Read Replies (2) | Respond to of 21057
 
that is, actual malice--- the intentional infliction of harm or deliberate choice of transgression. That is why it is necessary to be punitive, rather than simple make the victim whole.

OK, that's helpful. It's the malice that calls for punishment beyond that which is inherent in making reparation, as in punitive damages. And this punishment is intended to...what? Deter malice? Probably not. Deterring actions taken out of malice makes more sense. I'll buy that. The prospect of punishment is a deterrent to others.

But what of the criminal? What does the punishment do to/for the criminal? Besides punish him, or course. Anything?

And what about crimes not committed out of malice? Where do they fit in?