More On My Views.

I saw this quote about 20 years ago that says the Anglo-American, or English common law, system is based on deterrence not punishment. The quote said that it's the fear of punishment that reaches everyone. In reality most people are not punished, and that is how we prevent crime. And I found that recently online. Or at least found what I was talking about. It's called Blackstone's ratio. Blackstone's ratio is the legal principle that emphasizes extreme caution in convicting innocent people by valuing that over focusing on punishing guilt. That is the idea behind things like probably cause, the presumption of innocence and attorney-client privilege. Things that often let people who are guilty go free. In one case SCOTUS justice Anthony Kennedy said we judges don't like it either setting guilty people free sometimes, but we know it serves a higher good. And I read in a couple places it often really leads to less crime and a better society too. One that is more free and where people are happier because they have more rights. The Blackstone ratio is named after jurist William Blackstone who said in the 18th century that it is better that ten guilty persons escape than that one innocent suffer. Our system is based on basic human principles like compassion, along with fairness too.

I don't think dealing with crime and other social problems as something where punishment, or really even blame, is the best approach. I really don't. But I agree we need to use the system we have. And I think, like I said, a sensible approach where victims and their rights come first, while we make gradual progress to a system that is more kind and more compassionate.