Before Napoleon there was such a thing as "restorative justice": "Restorative justice is an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community. This contrasts to more punitive approaches where the main aim is to punish the offender, or satisfy abstract legal principles.
Victims take an active role in the process. Meanwhile, offenders are encouraged to take responsibility for their actions, "to repair the harm they've done – by apologizing, returning stolen money, or community service".[1] In addition, the restorative justice approach aims to help the offender to avoid future offenses. The approach is based on a theory of justice that considers crime and wrongdoing to be an offence against an individual or community, rather than the State."
How about sociopaths? They can become serial offenders, learning all the while how to apologize more effectively each time they are apprehended. If a crime has little downside, then crime will grow.
Go re-read his post. Apologizing might be acceptable for some crimes and with some victims, but not all. Others may demand compensation or more punitive measures. There's nothing there about crime having little downside; if the community requires you to repay a victim for everything you stole from him, and wants you to do a bunch of hard labor (community service) in addition, that sounds like a pretty big downside to me. The main idea isn't going soft on crime, it's letting the victims decide on the punishment. It makes a lot of sense: if someone steals my TV, gets caught, and the punishment is for him to buy me a new TV and fix my door that he broke and another 100 hours of lawn care on top of that, that's a lot cheaper and better for society than sticking him a prison for several years. The system we have now is entirely punitive, doesn't give victims much say in the process, and doesn't restore the victims at all (they have to sue the criminal separately in civil court).
"if someone steals my TV, gets caught, and the punishment is for him to buy me a new TV and fix my door that he broke and another 100 hours of lawn care on top of that, that's a lot cheaper and better for society than sticking him a prison for several years."
If the the criminal is stealing your TV, do you actually think they will have the money to pay it back? There are plenty of cases where a judge forces a person to pay money back and the person just doesn't pay it back or doesn't have the money.
Even the guy from "The Wolf of Wallstreet" hasn't paid the millions he owes. I just don't think this will deter petty crime.
"The main idea isn't going soft on crime, it's letting the victims decide on the punishment"
What if, as a victim, I decided that the person that stole my TV needed to have his hands chopped off?
Your method seems to be more based on emotion and retribution than our current system.
It may be more expensive, but I don't see a problem with our current system in terms of deterring crime. I don't mind paying more for something that will help society.
Who would be stupid enough to allow a known burglar to return and repair the door? I would never put my family and other possessions at risk that way. Plus I would have hired an honest worker to fix the door long before the hypothetical burglar was caught and sentenced. These ideas only seem sensible in the context of an ivory tower philosophical debate.
...and they leave the courtroom and you never see them again. This is a guy who thought taking your TV was easier than working and buying his own. No way is he going to get me another one. Its preposterous.
How will this work in today's society? Judges give the harshest sentences in election years compared to other times because they want to look "tough on crime". Some of the most asinine laws stem from politicians who also want to look tough on crime. As a society, we treat people who've been to prison like crap and our movies make prison rape jokes, as if it is something to be joked about. It is just depressing.
Victims take an active role in the process. Meanwhile, offenders are encouraged to take responsibility for their actions, "to repair the harm they've done – by apologizing, returning stolen money, or community service".[1] In addition, the restorative justice approach aims to help the offender to avoid future offenses. The approach is based on a theory of justice that considers crime and wrongdoing to be an offence against an individual or community, rather than the State."
Of course this is not for the mentally ill and/or murders, rapists etc. Surprised the author didn't mention it! https://en.wikipedia.org/wiki/Restorative_justice