Imo, the primary function of criminal justice should be restorative justice, not retributive justice. So, sentencing should be as long as it takes to rehabilitate a person. Retributive justice can act as a deterrent, but that doesn't really apply to people who don't act rationally.
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Mental health care is abysmal. People who are a danger to others cannot be introduced to society without monitoring, and some people shouldn’t be introduced to society.
Bad things happen at institutions, so I’m not sure how to solve the problem, but sending someone free after they violently attack someone is just not a safe way to go about it.
When society addresses societal causes/exacerbations of physical and mental illness, wake me up. 🥱
For me, prison is about quarantine. You quarantine unacceptable behavior, not because they "deserve" it, but because they can't be trusted. I'm not interested in punishment. So I agree that NCR is invalid if the person's mental problems make them into a threat. It's not their "fault" but they still need to be quarantined somehow, because the rest of us have things to do. It's absolutely brutal but it's less brutal than letting criminal behavior run free.
Ah, we got into territory of: I'm not at fault, it's circumstances/environment that shaped me.
In the end, practical reality is that whether it's true or not, public good requires assumption of free will on your side. Aka, you're responsible of all harm you've done.
This story isn't about mental illness. This story is about a black immigrant who was sexually violent.
The offense people take over sexual violence has more to do with the status of the victim and attacker than it does with the act it'self. Rape is barely even illegal so long as you choose your victim wisely.
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