(05-19-2009 10:21 PM)GGniner Wrote: (05-19-2009 09:59 PM)I45owl Wrote: But, I still have to ask what the purpose is. I don't really believe that deterrence is a big factor.
Purpose = Justice
as for Deterrence, I don't know how you figure up how much of a deterrence it is but there is a deterrence.
Make the Death Penalty applicable to speeding and start enforcing it and watch how drivers react on the road..
They'd start shooting police officers on sight.
Well, my initial reaction to seeing traffic in Shanghai is that it's amazing the influence that the gun culture in America has on the civility of drivers.
The problem comes with how to deter a young, uneducated idiot. Whilst I don't think they're impressed much by statistics, I don't think executing maybe 200/300,000,000 citizens every year makes quite as much an impression as having weekly public hangings in the village square. Would the death penalty really have deterred a father on PCP from eating his son's eyeballs? The death penalty doesn't apply to taking PCP, so I don't know at what point it would become a deterrent in a case like this.
There is really a big philosophical question about our justice system that remains unresolved, IMHO. The prison system in this country has gone back and forth between two+ charters - "rehabilitation" and "punishment and deterrence". In general, I think we've done a terrible job of being consistent with those purposes. I don't think either of these by themselves is satisfactory.
By saying the purpose is "justice", you have to elaborate on what is "just". By saying the purpose of the justice system is "justice", you're not directly addressing this question. But, the way I read it is that your answer is "retribution".