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Re:Quarter of inmates could have been spared prison without ... by sandworm101 on Sunday December 11, 2016 @07:31PM (#13154526)
>>> ...could have been spared imprisonment without meaningfully threatening public safety or increasing crime, according to a new study.

So the title is misleading. This is not "without risk" but more "without meaningful risk".

>> “Very long lengths of stay in many many cases do not make people safer”

Who said that long sentences had anything to do with making people safer? The criminal justice system doesn't exist solely to promote safety. That's an outcome, but the system is there to enforce laws. Those laws are based on morality, religion, politics ... the promotion of public safety is only one of many reasons we lock people up.

Mostly, our criminal laws have been passed and grandfathered through without any scientific analysis re public safety. We lock people up because we want them locked up, even when we know it doesn't do society any net safety good. We have to accept that reality before we can set about decreasing sentences or eliminating oppressive laws.

Also, long sentences are at least measurable. In our efforts to reduce them we don't want to fall into even older patterns. Indefinite sentencing is far worse, opening the door to all sorts of evils. Indefinite sentencing is what happens when you start releasing the "good" inmates while keeping the "bad" locked up. Once that starts happening judges and juries might return to the dangerous assumption that they need to over-sentence.

Re:Quarter of inmates could have been spared prison without ... by rhizome on Sunday December 11, 2016 @08:14PM (#13154731)
Who said that long sentences had anything to do with making people safer?

Everybody involved in establishing sentencing policies.

The criminal justice system doesn't exist solely to promote safety. That's an outcome, but the system is there to enforce laws.

Just a nitpick, the conviction is the enforcement of the law. Sentences are something else, as you later detail, but also something that many many people study. You can say that judges have too much leeway, but then we see overcorrections into things like mandatory minimums and three-strikes laws, which sweep up too many low-level offenders who step a little too far out of line and receive severe punishments, not to mention the very selection of offenses which are subject to these requirements. You never see white-collar crimes in these statutes, but a bad financial criminal can wreak greater havoc on a person or family's life than many of the crimes under the 3-strikes and MM laws.

Re:Quarter of inmates could have been spared prison without ... by kafkaesq on Sunday December 11, 2016 @08:45PM (#13154895)
So the title is misleading. This is not "without risk" but more "without meaningful risk".

To a first-order approximation, "without meaningful risk" basically means "without risk".

So I think they were just trying to simplify.

Re:Quarter of inmates could have been spared prison without ... by costatus on Monday December 12, 2016 @03:54PM (#13161806)
What about the people they perpetrated the crime against? They are not all nameless and faceless... There is an offender walking around right now due to this belief that they are not violent offenders and shouldn't be sent to prison. This individual has cost me and my family lots of time and money and I have no way of recovering it. My impact of his crime in time value alone has been more than his "punishment". (the monetary restitution will never be paid and there is no point in suing for the same reason.) Maybe I'm just angry but I see the system failed to provide a disincentive for this particular crime. Dropping the risk to reward ratio creates criminals.
Re:Quarter of inmates could have been spared prison without ... by pessimizer on Sunday December 11, 2016 @10:46PM (#13155362)
> So the title is misleading. This is not "without risk" but more "without meaningful risk".

No one can be spared prison without risk.

Re:Quarter of inmates could have been spared prison without ... by js8 on Monday December 12, 2016 @05:47AM (#13157158)
That's not true. Prison also introduces risk.