- Joined
- Feb 14, 2023
The problem isn't who is raping people, the problem is that ANYONE raped by ANYONE won't see the rapist punished under Joe's brilliance.
Joe’s brilliant idea is that 100% of the criminal’s assets be given to the victim, which he terms restorative justice but is also in effect punishment. The problems with that approach include:
- What exactly is being „restored”?
- Jeffrey Epstein’s first victim would get the equivalent of victim Powerball, and the others nothing,
- Victims of poor criminals (which is most criminals) would get little.
- As there is no nexus between harm suffered and compensation/punishment, a criminal has no reason not to inflict maximum harm or even kill the victim, either for funsies or to evade detection.
- A victim left eg. crippled has more needs than someone not permanently physically injured. How are they to be restored if the criminal’s assets cannot cover lifelong needs?
- It is unclear who gets the assets in the case of a murder - especially if there are no next of kin. Murder a hobo and it’s a freebie?
- Once 100% of a criminal’s assets are seized, the criminal has no reason not to offend again, as no further punishment via seizure can be inflicted.
- Some people just need locking up to protect the rest of us, or at least some form of supervision. Some criminals genuinely benefit from early intervention and rehabilitation delivered by the justice system (for example, female non-violent offenders in for theft or fraud with histories of sexual assault or drug use). None of that is catered for in Joe’s scheme.
ETA Just thought of a few others.
- I put all my assets into a trust, and I am the sole beneficiary. Legally I now own nothing - my trustee owns it all. Now asset-free, I can murder a person I want dead. Does Joe’s scheme contemplate garnishing future income streams if the criminal is currently poor? If so, for how long?
- If a criminal (eg rapist) is stripped of all assets, and has no real sellable skills, is this not an incentive to get better at theft as well?
- If a justice system does not embody the general community ideas of justice (which usually mix retribution and deterrence), does it lose legitimacy? Is legitimacy of a major institution important? If yes, then does an illegitimate system provoke vigilantism?
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