Are we tough enough on convicted criminals?

[jbombelli]

They shouldn't have to. Once found guilty, there should be automatic mechanisms for restitution in sentencing.

I don't think the damaged party should have to refight the battle.

The concept of a criminal having a "debt to society" is one of the most egregious wrongs in the "justice system". The criminal has a debt to the people that were wronged, not society. Society should make him pay that debt.

What if they don't have much worth taking? Then what?

 

[Liberty1911]

What if they don't have much worth taking? Then what?

You can't get blood out of a turnip. So then, you're left with execution, and working during appeals as I mentioned above.

The point is, restitution, to whatever degree it can be obtained, should be part of justice.

 

[jbombelli]

You can't get blood out of a turnip. So then, you're left with execution, and working during appeals as I mentioned above.

The point is, restitution, to whatever degree it can be obtained, should be part of justice.

I would support that if, upon acquittal, civil suit becomes impossible.

 

[Liberty1911]

I would support that if, upon acquittal, civil suit becomes impossible.

I would agree.

 

[steveh_131]

Japan is pretty serious about restitution.

http://mises.org/journals/jls/12_1/12_1_4.pdf

Japan takes restitution very seriously, and it appears to work. A key
feature of Japanese culture that apparently underlies the success of restitution
is that there is no acceptable excuse for criminal activity. Criminals are
expected to acknowledge their guilt, repent, and seek absolution from their
victims, and this is the dominant focus of each stage of the criminal justice
process.

In fact, the vast majority of all criminals show repentance,
admitting responsibility to the victim through an intermediary (e.g., family,
friend), before public prosecution. Then the criminal bargains with the victim
through the intermediary (as a mediator), offering restitution in an effort to
convince the victim to write a letter to the prosecutor or judge stating that no
further punishment is necessary. Thus, the victim generally receives
restitution before prosecution occurs, and as Evers explains: “The emphasis
on restitution and pardon by the victim in the Japanese approach tends to
satisfy the victim’s desire that justice be done.” The criminal then asks for
mercy from the public sector criminal authorities and, given a letter from the
victim, the punishment imposed by the state tends to be “lenient” relative to
other modern countries. Without such a letter, punishment can be harsh.
Indeed, the victim typically has an advisory role (although not control or a
veto power) as decisions regarding charges, prosecution and sentencing are
made.

It is a historically proven system, far better than this 'debt to society' nonsense, in my opinion.

Wasting our money locking people up for victimless crimes certainly doesn't help, either.

 

[Liberty1911]

Japan is pretty serious about restitution.

http://mises.org/journals/jls/12_1/12_1_4.pdf


It is a historically proven system, far better than this 'debt to society' nonsense, in my opinion.

Wasting our money locking people up for victimless crimes certainly doesn't help, either.

Hey, look at that. We agree on something. Must be the sequester causing the world to come to an end.

 

[AtTheMurph]

Not tough enough on the actual dangerous, violent criminals, and far too tough on all the people who fall victim to absurd laws.

This.

The excuse of course is that our prisons are overflowing so we need to release the murders, rapists, and thugs. Must keep drug users in prison!

 

[longbarrel]

Japan is pretty serious about restitution.

http://mises.org/journals/jls/12_1/12_1_4.pdf


It is a historically proven system, far better than this 'debt to society' nonsense, in my opinion.

Wasting our money locking people up for victimless crimes certainly doesn't help, either.

They are hiring many skilled trades for a lot of money right now. You should go there. They are the healthiest people in the world. But they do have Nationalized health care and extreme gun control, so?