FAWS comments on Crime and punishment - Less Wrong

39 Post author: PhilGoetz 24 March 2011 09:53PM

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Comment author: Psychohistorian 24 March 2011 11:07:02PM 3 points [-]

Society - and for once, I'm using this term universally - teaches that, if you committed a crime, you should be punished.

This is not exactly something society teaches you. It is inherent in the concept of "crime." With a few exceptions, a crime is a thing that is forbidden by law, and being forbidden by law means that it carries a punishment. If you aren't punished for it, it isn't a crime. If you shouldn't be punished for it, it shouldn't be a crime. This observation is more linguistic than social.

And, incidentally:

[We should] only [be] cruel to the people who do deserve it

is a similar truism. "We should do X to people who deserve having X done to them" is pretty much tautologous. Disagreement ensues only once X is defined.

Also, you are either deliberately or negligently muddling the insanity defense. It's usually defined as, "unable to tell the difference between right and wrong." This is not crystal clear, but it's not particularly vague, considering how broad of a concept it entails.

Comment author: FAWS 24 March 2011 11:49:11PM 1 point [-]

The first is not completely tautological. For instance if you commit a crime strictly to prevent a greater harm, have no other approach available, there is no pre-made legal exception and it's the sort of crime that rightfully carries a punishment because I causes actual harm and usually net harm I believe you should still be convicted, but pardoned shortly afterwards.

Comment author: TobyBartels 25 March 2011 01:44:43AM *  0 points [-]

What about the necessity defense? (That seems to exist only in the United States; I always thought that it was derived from English Common Law.)

ETA: Here's some discussion on the necessity defense in the context of law school, and it includes our old favourite, the trolley problem. (It also cites an 1810 court case which suggests that the necessity defense does derive from English Common Law, but Wikipedia disagrees.)