BETWEEN PROPORTIONALITY & IMPUNITY: Confrontation⇒ Truth⇒ Prevention |
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Authors: | JOHN BRAITHWAITE |
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Affiliation: | RegNet, Australian National University |
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Abstract: | The ideal of punishment proportionate to wrongdoing creates a criminal justice system that deters prevention. An alternative ideal is that crime should always be confronted with a presumption for mercy that is conditional upon participation in a truth-seeking process that identifies paths to prevention. Informally rewarding reconciliation and prevention is the basis of a more compelling rational choice account of crime control than proportionate formal punishment. A rational and emotionally intelligent criminal justice system might look something like the airline safety system. |
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