simplicio comments on Rationality & Criminal Law: Some Questions - Less Wrong
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Interesting idea... of course, there would have to be some lower cutoff, else if I were judged to have committed a murder with 20% probability, I would have to serve 5 years. There might be a place for these probabilities, but I suspect it would be in the appeals process or some such.
"Make the punishment really fit the crime," in other words.
This could be conceived; however, "an eye for an eye" has a bad reputation in jurisprudence as a principle. I am personally of the opinion that the law should be there to (1) deter criminals, (2) provide an outlet for the vengefulness of victims and families, not to "put things right."
You (hypothetical person) are unnatractive, that raises the probability that you will commit murder or rape. You are hereby convicted and sentenced to p% of death.