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To: Neocon who wrote (15944)6/29/2002 9:07:49 AM
From: Lane3  Read Replies (2) | Respond to of 21057
 
I think that there is a penitential aspect of punishment, as a way of dealing with guilt and resolving to make something of oneself.

I would argue that the penitential aspect of making restitution under my model would be at least as effective at changing the heart of the criminal. Better, IMO, because he would have to focus on what he did to the victim and offer acts of restitution to compensate rather than simply having the standard punishment impersonally imposed.



To: Neocon who wrote (15944)6/29/2002 9:31:34 AM
From: Lane3  Read Replies (2) | Respond to of 21057
 
Here's the kind of scenario I had in mind when I invented the woman who killed her former son-in-law. Yes, she should not have taken the law into her own hands, even though the law failed to protect her family. But was there "malice" in the killing? More like fear and desperation, seems to me. Hard to feel too terribly guilty about doing what you have to do to protect your family, even if it means breaking the law.


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