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Agreed -- I think we should, as neediness increases, lower the penalties per a judge's discretion, but I don't think we should ever completely eliminate the cri
by dimino 10y ago
Agreed -- I think we should, as neediness increases, lower the penalties per a judge's discretion, but I don't think we should ever completely eliminate the criminal aspect of theft.
There is room in a justice system to convict a person of a crime without punishing that person in any meaningful way.
- vidarh 10y agoA conviction is in itself substantial punishment most places.
- dragonwriter 10y ago> Agreed -- I think we should, as neediness increases, lower the penalties per a judge's discretion, but I don't think we should ever completely eliminate the criminal aspect of theft. We certainly complete eliminate the criminality of intentional homicide when there is sufficient need. Seems to me, that the case for doing so for mere theft of chattels is much stronger. (Also, note that this is separate from the issue of whether or not conversion of chattels ought always to be a tort creating a debt for compensation from the taker to the one deprived, which should be resolved through whatever system a jurisdiction has for the resolution of debts and which may requiring repayment when the taker is capable, with interest, unless the debt is qualified for discharge, e.g., through bankruptcy or similar proceedings. But that's a different issue than criminality.)