this post was submitted on 08 May 2025
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Why do we punish based on consequences caused by the crime, then?
A drunk driver is punished much more severely if they hit and kill a person, than if they hit and hurt a person, than if they hit a tree, than if they don't crash at all.
As long as we're punishing people based on the actual impact of their crimes, then emotional impact should count.
Your drunk-driver example is based on consequences, not the performative portrayal of consequences.
You're right, we should change that too. Imprisoning a drunk driver for longer doesn't fix anything. Mandate treatment, put a breathalyzer in their car, or revoke their license and give them probation. If they violate probation, then imprison them until they are rehabilitated.