He proposes, for lesser offenders, punishments that are swift and certain but not necessarily severe: a night in jail, instead of a warning, for missing a meeting with a parole officer, say, and ten nights the next time.
The offender's "punishment" is usually a combination of community service, anger management and life skills training, and a self-reflective written agreement to alter their behavior.
means of determining whether an offender's punishment is proportional to his crime.1 Other judges argue that "objective" evidence does not "wholly determine the controversy," and focus instead on their duty as gatekeepers to independently evaluate scientific evidence.
Since the offender deserves punishment (or at least resentment), he cannot at the same time deserve (or have the right to) forgiveness.
Retribution is simply another way of saying the offender "deserves" punishment.
Ultimately, an offender's punishment cannot soley be subject to the discretion of the sports commissioner.
But then we still have to explain why the offender deserves punishment.
The money goes to cover investigation costs, probation services and the like; it isn't part of an offender's punishment.
An ideal system might include a Solomonic judge who could accurately measure all relevant circumstances and take them perfectly into account in deciding how they should affect an offender's punishment.
Deborah Jacobs, executive director of the New Jersey chapter of the American Civil Liberties Union, said her group was likely to challenge the proposed amendment because it would subject convicted sex offenders to punishment even after their prison terms ended.
He said it was "not a soft option" and would not lead to offenders escaping punishment.
