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TheOtherDave comments on Open Thread, September 23-29, 2013 - Less Wrong Discussion

5 Post author: Mestroyer 24 September 2013 01:25AM

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Comment author: knb 29 September 2013 06:31:35AM *  10 points [-]

I've been working on a series of videos about prison reform. During my reading, I came across an interesting passage from wikipedia:

In colonial America, punishments were severe. The Massachusetts assembly in 1736 ordered that a thief, on first conviction, be fined or whipped. The second time he was to pay treble damages, sit for an hour upon the gallows platform with a noose around his neck and then be carted to the whipping post for thirty stripes. For the third offense he was to be hanged.[4] But the implementation was haphazard as there was no effective police system and judges wouldn't convict if they believed the punishment was excessive. The local jails mainly held men awaiting trial or punishment and those in debt.

What struck me was how preferable these punishments (except the hanging, but that was very rare) seem compared to the current system of massive scale long-term imprisonment. I would much rather pay damages and be whipped than serve months or years in jail. Oddly, most people seem to agree with Wikipedia that whipping is more "severe" than imprisonment of several months or years (and of course, many prisoners will be beaten or raped in prison). Yet I think if you gave people being convicted for theft a choice, most of them would choose the physical punishment instead of jail time.

Comment author: TheOtherDave 29 September 2013 04:21:07PM 7 points [-]

I'm reminded of the perennial objections to Torture vs Dust Specks to the effect that torture is a sacred anti-value which simply cannot be evaluated on the same axis as non-torture punishments (such as jail time, presumably), regardless of the severities involved..