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New Hampshire Underground => General Discussion => Topic started by: Jim Johnson on September 19, 2010, 11:25 AM NHFT

Title: new thing, judges being told cost of their decisions
Post by: Jim Johnson on September 19, 2010, 11:25 AM NHFT
http://www.nytimes.com/2010/09/19/us/19judges.html?_r=1&hp (http://www.nytimes.com/2010/09/19/us/19judges.html?_r=1&hp)

Missouri Tells Judges Cost of Sentences
Title: Re: new thing, judges being told cost of their decisions
Post by: SethCohn on September 19, 2010, 01:03 PM NHFT
thanks for the pointer, Jim!

Very interesting.

I'm curious if people here think this is a good or a bad thing.  (Yes, let's assume for the moment that the courts are legit, though I realize many here disagree with that on principle - assuming the courts aren't going away, is having price tags on sentencing better for 'justice' or not?)
Title: Re: new thing, judges being told cost of their decisions
Post by: MaineShark on September 19, 2010, 01:56 PM NHFT
The courts aren't legit, and it does no good to assume something that utterly ridiculous.

It's still a good thing.  I've been supporting attempts to write such legislation for NH.  As the article notes, folks are now looking at the cost of crime, versus the cost of punishment.  If the cost of punishing folks for victimless actions were more obvious, fewer folks who have committed such violations of the law would spend time in cages.

I think the info should be given to cops.  They rant on about helping "society," so they should be informed just how much it costs "society" when they attack grandma for smoking pot to deal with her chemo, or the Keeniacs who want to drink a beer in the park, or whatever.

Joe
Title: Re: new thing, judges being told cost of their decisions
Post by: Jim Johnson on September 19, 2010, 03:34 PM NHFT
The police being conscious of costs was of great benefit to the protagonist in THX1138.
Title: Re: new thing, judges being told cost of their decisions
Post by: KBCraig on September 19, 2010, 06:22 PM NHFT
I think judges and juries should be aware of three costs:
1. The cost of the crime to the victim, if there is one.
2. The cost of the punishment to the one being sentenced.
3. The cost to taxpayers for not just the punishment, but also the cost of enforcement leading up to prosecution, plus the cost to the economy of having someone locked up who previously contributed to the marketplace.

Regarding the first item, I oppose any punishment that involves the state getting a cut before the victim gets restitution.
Title: Re: new thing, judges being told cost of their decisions
Post by: Jim Johnson on September 19, 2010, 07:08 PM NHFT
Quote from: SethCohn on September 19, 2010, 01:03 PM NHFT
I'm curious if people here think this is a good or a bad thing.  (Yes, let's assume for the moment that the courts are legit, though I realize many here disagree with that on principle - assuming the courts aren't going away, is having price tags on sentencing better for 'justice' or not?)

Courts having to consider the cost of their actions would go along way towards stemming the stupidity of the "contempt of court" charges. 
Having to consider costs would also temper a judges moral indignation towards his victims, as well as his inclination to "send a message" to others who might stand before him.
Title: Re: new thing, judges being told cost of their decisions
Post by: Lloyd Danforth on September 19, 2010, 07:41 PM NHFT
Yeah, a bunch of us could just show up, unrequested, early in January, be contemptuous and blow some clown's 'contempt cage space' budget for the year.
Title: Re: new thing, judges being told cost of their decisions
Post by: SethCohn on September 20, 2010, 08:05 AM NHFT
Quote from: Jim Johnson on September 19, 2010, 03:34 PM NHFT
The police being conscious of costs was of great benefit to the protagonist in THX1138.

I had forgotten about that... Excellent example.