Opinion/debate (harsher penalties for financial crimes)

N&P: Discuss governments, nations, politics and recent related news here.

Moderators: Alyrium Denryle, Edi, K. A. Pital

User avatar
Formless
Sith Marauder
Posts: 4144
Joined: 2008-11-10 08:59pm
Location: the beginning and end of the Present

Re: Opinion/debate (harsher penalties for financial crimes)

Post by Formless »

bobalot wrote:
Formless wrote:
bobalot wrote:What do you mean by the "purpose of punishment"?
I mean, why do we do it? What is our justification for it? Punishment is unusual ethically because normally we are trying to avoid causing harm, but punishments by nature cause harm. Therefor, there needs to be a purpose for doing it that is justifiable. Deterrence, restitution, and rehab are all justifiable purposes of punishment. Punishment for punishment's sake (i.e. revenge) is not.
What happens when there is no chance for restitution, rehabilitation and deterrence is not all that effective (past a point)? Such as the case of some murderers?

You could say that we imprison such people to prevent further harm from the rest of society. But what were to happen if this person became a cripple in jail and no real threat to society, do we set this individual free because there is no obvious purpose other than revenge?
I wish I had a decent answer to that, but to be honest, I don't. If I had to try, though... In that situation, further punishment seems to me like a pointless endeavor because they are no longer threatening, and arguably have already gotten a slice of karmic retribution due to their injury. Why waste the time, effort and resources on such a person?

Fortunately, I think there are very few people who we can't in some way deter, gain restitution from, or failing that rehabilitate. Even murderers-- restitution might not be possible in the strictest sense (you can't bring people back from the dead, sadly), but since most murders are crimes of passion rather than a result of true psychopathy you can at least reasonably hope to rehabilitate them.

Of course, for many reasons deterrence and rehab aren't all that possible with white collar crime, so all we can hope for would be restitution, as others have said.
"Still, I would love to see human beings, and their constituent organ systems, trivialized and commercialized to the same extent as damn iPods and other crappy consumer products. It would be absolutely horrific, yet so wonderful." — Shroom Man 777
"To Err is Human; to Arrr is Pirate." — Skallagrim
“I would suggest "Schmuckulating", which is what Futurists do and, by extension, what they are." — Commenter "Rayneau"
The Magic Eight Ball Conspiracy.
User avatar
bobalot
Jedi Council Member
Posts: 1733
Joined: 2008-05-21 06:42am
Location: Sydney, Australia
Contact:

Re: Opinion/debate (harsher penalties for financial crimes)

Post by bobalot »

Formless wrote:
bobalot wrote: What happens when there is no chance for restitution, rehabilitation and deterrence is not all that effective (past a point)? Such as the case of some murderers?

You could say that we imprison such people to prevent further harm from the rest of society. But what were to happen if this person became a cripple in jail and no real threat to society, do we set this individual free because there is no obvious purpose other than revenge?
I wish I had a decent answer to that, but to be honest, I don't. If I had to try, though... In that situation, further punishment seems to me like a pointless endeavor because they are no longer threatening, and arguably have already gotten a slice of karmic retribution due to their injury. Why waste the time, effort and resources on such a person?

Fortunately, I think there are very few people who we can't in some way deter, gain restitution from, or failing that rehabilitate. Even murderers-- restitution might not be possible in the strictest sense (you can't bring people back from the dead, sadly), but since most murders are crimes of passion rather than a result of true psychopathy you can at least reasonably hope to rehabilitate them.
I agree that it is iffy question. Weather we as a society care to admit it, I think revenge is a part of the sentencing. The public would never tolerate the release of a unrepentant crippled murderer or paedophile even if he/she were no threat to society. To be honest, until you asked I took it for granted revenge was a factor, without really thinking about it. Now I'm wondering if it should be.
Formless wrote:Of course, for many reasons deterrence and rehab aren't all that possible with white collar crime, so all we can hope for would be restitution, as others have said.
I disagree. Long jail terms in harsh prisons would prove a much more effective deterrent than the current slap on the wrist white collar criminals get. Despite what people say, no one has shown that white collar criminals suffer any sort of punishment that is comparable to their blue collar counterparts.

The best argument was the "humiliation", which blue collar criminals also suffer anyway.
"This statement, in its utterly clueless hubristic stupidity, cannot be improved upon. I merely quote it in admiration of its perfection." - Garibaldi

"Problem is, while the Germans have had many mea culpas and quite painfully dealt with their history, the South is still hellbent on painting themselves as the real victims. It gives them a special place in the history of assholes" - Covenant

"Over three million died fighting for the emperor, but when the war was over he pretended it was not his responsibility. What kind of man does that?'' - Saburo Sakai

Join SDN on Discord
User avatar
Stark
Emperor's Hand
Posts: 36169
Joined: 2002-07-03 09:56pm
Location: Brisbane, Australia

Re: Opinion/debate (harsher penalties for financial crimes)

Post by Stark »

The logic behind the idea that jail terms would have no effect on white collar crime is stupid. It's possible that these people would be even MORE deterred by actual jail time (as opposed to fines or country clubs).
User avatar
The Yosemite Bear
Mostly Harmless Nutcase (Requiescat in Pace)
Posts: 35211
Joined: 2002-07-21 02:38am
Location: Dave's Not Here Man

Re: Opinion/debate (harsher penalties for financial crimes)

Post by The Yosemite Bear »

Stark wrote:The logic behind the idea that jail terms would have no effect on white collar crime is stupid. It's possible that these people would be even MORE deterred by actual jail time (as opposed to fines or country clubs).

Especially if they don't have the golf courses, and they can be raped....
Image

The scariest folk song lyrics are "My Boy Grew up to be just like me" from cats in the cradle by Harry Chapin
Post Reply