Re:Think Debtors Prisons Are a Thing of the Past? Not in Mis...
by dragonwriter on Sunday January 12, 2020 @01:55PM
(#22028292)
> A punishment fails as a deterrent if:
> + it is not expected + it is not understood + it is not net negative
Also if it is not expected to be avoided if the behavior sought to be deterred is avoided. The perception that a punishment is applied arbitrarily or with prejudice on grounds other than the behavior notionally justifying it defeats its value as deterrent as surely as a lack of perception that it will be applied if the behavior occurs.
Re:Think Debtors Prisons Are a Thing of the Past? Not in Mis...
by FireBeyond on Sunday January 12, 2020 @04:44PM
(#22029711)
I'd argue that you often only need one of those criteria.
Witness Vinod Khosla and his battles: he has expected fines, understands them (though disagrees), and the net negative is (in his case) so trivial as to be negligible.
"Oh, you want to fine me $10,000/day? Well, go for it. By the end of my life that might amount to 3% of my net worth".
Re:Think Debtors Prisons Are a Thing of the Past? Not in Mis...
by Normal_gaussian on Sunday January 12, 2020 @05:32PM
(#22030062)
That was in fact what I was attempting to convey. It was unfortunate that each point was formatted onto one line - I forgot that HN does not use markdown!
A punishment fails as a deterrent if:
+ it is not expected + it is not understood + it is not net negative
The first, not expected, fits when; one believes their actions are legal and then they are found not to be (correctly or incorrectly); one expects a different punishment to the one given, and the expected punishment was not a deterrent (often seen in fraud cases).
The second, not understood, fits when one expects the punishment but failed to understand its impact on them. For example, those incarcerated may misunderstand the lasting trauma of loss of privacy, agency, and family.
The third, not a net negative applies in cases where the punishment is deemed an acceptable risk or cost, or even desirable. Desirable has repeatedly been the case for the extremely impoverished or ill. Acceptable cost is seen in many corporate dealings, but mainly speeding and parking tickets for the individual. Acceptable risk is even more the corporate case (legal departments evaluate legal risk constantly) but is also the case for career criminals and moonshot criminals.