But, really, how would a genuinely humane society concerned about both the rights of the victim and the human-ness of the perpetrator go about creating a policy or procedure that addressed all concerns? That is to say, what would be that point wherein all interests coincide?
Great question. I note that the Swiss impose what we would consider to be very lenient sentences, but then quickly reintegrate the offender back into his community once he is released. No lifetime scarlet letters it seems.
Of course, they seem to have communities into which to reintegrate offenders. I'm not sure we do anymore. At least not for the majority of the population living in urban and even suburban areas.
We tried the kid glove approach of short or no sentences that the bleeding heart liberals told us would solve the problems of crime and recidivism. It didn't work and gave rise to the horrific violence of the 70s, 80s, and 90s that lead to the get tough approach that is now under attack.
It is said that taxes are the price we pay for a civilized society. I suspect you might agree with me that in many cases, taxes are the price we pay for a lack of civilization in society. If individuals voluntarily took care of each other, and paid their own way for the services they use, taxes could be dramatically reduced. Incarceration is similar. It is the price we pay for not having a civilized society where children are taught respect at an early age in the home and church, and where that respect is required in the classroom. Every crime against another has at its roots a lack of respect for the victim: his property rights, his person, his dignity.
I think the real key is to have a society where crime is rare because we have engendered respect for others' rights. But that has been tough to do since the liberals took over the education system and the courts expelled the Judeo/Christian God from the classroom.
In theory, we could teach respect for rights from a purely secular/humanist (which is no less a religion than Christianity, but that is another discussion) point of view. In practice, something about God and eternal judgment seems to assist in teaching respect for others' rights.
A child of 6 or 8 who is caught stealing can be lovely taught why it is wrong, assisted to make restitution, and is likely to never steal again.
An adult in his 20s or 30s who has been convicted of multiple thefts and doubtless gotten away with heaven only knows how many others presents a rather difficult challenge.
Charles