Our American justice system is flawed. A point that could be brought against it is, the unknowably numeral set of laws, or the use of previous court rulings as better evidence than the law itself. But the fundamental philosophy of the justice system is flawed. The flaw lies in the goals of punishment. They are: Rehabilitation, Retribution, Prevention. We are currently operating under the rehabilitation philosophy. When operating under any of these philosophies, you engage in all three in different orders of magnitude.
1. Rehabilitation
Rehabilitation: Maximum
Prevention: Moderate
Retribution:Minimal
2. Retribution
Retribution: Maximum
Prevention: Moderate
Rehabilitation: Minimal
3. Prevention
Prevention: Maximum
Retribution:Moderate
Rehabilitation: Minimal
Rehabilitation is the mindset that the criminal committed a crime for some external reason. They would not commit the crime again if they are taught not to be involved with that reason. Retribution’s mindset is that the criminal must pay for their crimes, as in, be punished. Prevention is the mindset that the criminal has committed a crime and thus has forfeited his rights, for society then restricts his freedoms so that he cannot commit a crime again.
There are a few special cases. Execution is the ultimate form of retribution. It is the most you can punish a person. It is the most you can do to prevent them from repeating a crime. There is also no rehabilitation.
4. Execution
Retribution: Maximum
Prevention: Maximum
Rehabilitation: None
No country has ever been foolish enough to try to find an ultimate form of rehabilitation. However, there is an ultimate form of prevention that I advocate is the best justice system. Deportation is the ultimate form of prevention. This justice system turns a domestic issue with a citizen into an international hostile individual. By deporting the criminal it maximizes their freedom, while almost completely preventing them from repeating a crime in the society. Doing this has several perks compared to other punishments. Firstly, it minimizes the cost to the state and society. Next, if there is a false conviction the people can be readmitted to society, unlike execution. Finally, it maximizes the freedom of the criminal while still punishing them. Their is also a basis for this punishment. As a group of people who form society, each has the individual right of association. By violating the laws of society the criminal creates justification for the others to choose to refuse to associate with them, thus society rejects them and are thus ejected from the society.
ColCoal Writes 