KEN-JENNINGS wrote:
Flaming_Maniac wrote:
Wow thanks for explaining that to me like I'm either five years old or blinded into submission by numbers with decimal points in them.
It's not right to charge people differing amounts for the same offense, because they didn't do anything differently. Justice is blind. Justice doesn't know how much each person makes, as Lady Justice doesn't know the race color or creed of the man. Treating one person different from another because of what they do or have done outside the relevancy of the crime is wrong.
That's a great ideology to strive for but it's not reality.
So fuck it eh?
-I read your edit but the response is the same.
JohnG@lt wrote:
Flaming_Maniac wrote:
Wow thanks for explaining that to me like I'm either five years old or blinded into submission by numbers with decimal points in them.
It's not right to charge people differing amounts for the same offense, because they didn't do anything differently. Justice is blind. Justice doesn't know how much each person makes, as Lady Justice doesn't know the race color or creed of the man. Treating one person different from another because of what they do or have done outside the relevancy of the crime is wrong.
If the fines are levied in proportion to income then they wouldn't be treating the crimes differently. With a flat fee the poor person is punished far more than the wealthy person for the same crime.
If the penalty is a static % then it is fair to everyone. The argument you're making is akin to those who say a progressive tax system is fair.
Oh yes make the argument in the name of the poor person getting shafted.
As if the reason why everyone agrees with it isn't to charge people with money more, it's to charge poor people less.
They are charged the exact same dollar amount. Their slip reads the same as every other persons. Some fine gentlemen such as myself have a fair, boyish complexion and supple bodies that would not fair well in jail. Does that mean I should serve less time, because my ability to survive in jail is less than a hardened criminal?
Their ability to pay that amount is independent - nothing stops them from having the same amount of money as the right person. That is where the equality is and that is where it is important, not in the equality of the end result.
In economics how much you make is practically relevant. In justice it is not.
CameronPoe wrote:
Flaming_Maniac wrote:
CameronPoe wrote:
Just read it. How does it apply here? And how does it apply in the context of making people for whom a €50 fine constitutes less than a days interest accrual not feel free to speed as merrily as their heart desires? Practicality.
Equal protection under the law. Fining one person one amount and another a different amount for the exact same crime is not equal protection under the law.
You want deterrent? Jail them for 30 days. Regardless of race, creed, color or bank account, lock them up.
Jail would be a good and equitable idea. One problem there would be the massive expansion required in the jail/prison system and the attendant cost. I personally think the fine administered is excessive but do believe in a percentage based fine as a practical means of deterring illegal behaviour. When equal protection means the ability of the vastly monied to easily and trivially buy there way out of the law then that system of law has failed.
I would rather work on expanding the jails or getting some of the more violent out of the system than raising the bar as to who gets in.
The last sentence I agree with completely. Both in the examination and the administration of the law. It's just that the solution is not charge them more money.
ruisleipa wrote:
Flaming_Maniac wrote:
Income has nothing to do with the crime, and should have nothing to do with the punishment. If every person is treated equally, they pay the exact same absolute amount for the same offense.
Should jailtime be doled out in percentages of projected life left? After all time is worth less to a young person, they have more of it left...12 months is a lot more of a deterrent for a 40 year old than a 25 year old right?
which bit did you not understand earlier. It IS treating people equally if they pay the same amount as a percentage of their earnings. As galt has already shown. Dammit, I'm agreeing with galt...but weirder things have happened.
Your example of jail time is wrong. mainly but not only because we don't know how long people have left to live, do we?
I doubt there are ANY crimes or misdemeanours that ALWAYS result in the same sentence. Even murder trials and sentences take into account different factors don't they, which is why one person who kills someone might get a year, and someone esle might get 20.
Treating one person different from another because of what they do or have done outside the relevancy of the crime is wrong.
THEY ARE NOT TREATING PEOPLE DIFFERENTLY THEY ARE TREATING THEM THE SAME.
Would you like me to say it again in another language or something cos you seem to have trouble with English?
Sure we don't
know how long people have left, but there can be some fair guesses yeah? As to the length of the natural life, a 25 year old has a lot more time left than a 40 year old. That misses the point anyways. The calculation of the terms might not be exact, but you have the same problem in calculating someone's net worth (or whatever they use) to figure out the fine too. It's not going to be perfect, but it's going to be close. So what exactly is wrong with the heart of the issue?
You even quoted it yourself. What they do
outside the relevancy of the crime doesn't matter. What someone does with relevance to their crime or cooperation is important.
Flaming_Maniac wrote:
Their ability to pay that amount is independent - nothing stops them from having the same amount of money as the right person. That is where the equality is and that is where it is important, not in the equality of the end result.