Does this view also not presuppose that all prisoners have exhibited anti-social behavior? I think we can both say that this is not the case. Although, prisons tend to somewhat separate the two populations.
Does this view also not presuppose that all prisoners have exhibited anti-social behavior? I think we can both say that this is not the case. Although, prisons tend to somewhat separate the two populations.
I also suppose that others are more habitually and fundamentally anti-social. These people are not worth the effort of trying to 'save'. The brains have literally been wired for this behavior[over the course of many years]. They must be removed from society.
There are also those somewhere in between natural-born killer and 'busted for pot'. These people are responsible for their own personal choices. If they keep making bad choices of their own volition I have no compassion for them. [I say this from first hand experience dealing with a close relative who is a lifelong fuck-up.]
1. People differ vastly in their innate ability to follow societal rules.
2. The justice system is able to distinguish between people who make simple mistakes, and people who are unable to follow society rules.
3. The above is a big factor in sentencing.
While there is evidence that some aspects of behavior are innate, there is also a huge literature linking the environment a person is raised in, and their tendency towards crime. Furthermore, sentencing is generally extremely inconsistent by any standards, so it is very unlikely that sentencing would fit your criteria for being lenient to the right people. Finally, it's hard to think of sentencing criteria that fit the criteria you propose, and are also objective.