Sometimes it is wrong to do the right thing because the right thing is wrong

Long title. Might be a long post. Might not.

It all starts because of a move New York is making.

Now, I should preface this by saying I am in no way, shape or form a defender of rapists, pedophiles, or other sex criminals. I am perhaps a bit more harsh in my view of what SHOULD be the penalties for them. (Think painful dismemberment of sensitive anatomical things in close relation to the crim committed and you are on the right path. Maybe Bruce Willis in Sin City was taking the right approach...)

However, the facts are simple. Our justice system bases its penalties on certain principles that have little or nothing to do with how any particular citizen feels about them. One person wanting the amuptation of a hand for a theft does not mean it is going to happen. Someone else wanting marijuana legalized is not going to keep someone in possession from being penalized. And so forth.

But one thing that goes unchanged has always been and should always be that the completion of the sentence finishes the payment for the guilt. One of the foundational principles of U.S. jusriprudence is the absolute finality of length...there is to be no sentence of indeterminate length.

And as heinous as most if not all "sex crimes" are...that does not change the foundational principles of our system. Suddenly deciding "We will extend their sentence through other means" is hypocritical, unjust, and unwise.

Where does it stop? Once you set the precedent (as it can be argued has already been done through putting breathalyzers on ignitions of cars driven by DUI convictees) it is easy to expand to other arenas.

Maybe it should be..but it isn't. And back-dooring the courts to sneak across something that is pretty anti-constitutional ain't the way to do it. Fortunately Pataki was stopped...but it doesn't look like Winner and his newfound cronies across the aisle will be. Shame on Kansas for pioneering this crap...and shame on New York for this move. Maybe it is time to go to 48 states. Make it 47...is there a point to Utah?

3 comments:

Riot Kitty said...

Why don't they just lock them up for longer? How can they violate the very foundations of the justice system? But now it'll be predictable: the ACLU will go to court, and right-wingers will use it as an example of how ungodly the ACLU is, even though they've defended lots of people whose freedom of religion has been trampled on.

Riot Kitty said...

I meant why don't they sentence them for longer to begin with...

Unknown said...

Speaking of Utah, did you know that whale-hunting is illegal in that state?

As for sentencing, my personal view is that if it's a felony it should carry a death sentence. Of course, if that happened they would just make all of the minor felonies - like murder for instance - misdemeanors.