Muggings without violence or threats are called pickpocketing. Penalties are far less severe. If penalties for mugging/robberies were lowered to pick pocketing levels, Paris would have muggers in every train and far fewer pickpockets.
This is a good point!
But I think this effect is less about the "incapacitation" issue discussed above (i.e. we would have muggers on every train because we wouldn't have detained the muggers for long enough), and more about deterrence (i.e. we would have muggers on every train because pickpockets would lose a disincentive from mugging).
There are multiple dimensions to picking how societies respond to crimes:
- denunciation: we publicly send the signal that your behavior was bad
- retribution: we want you to suffer
- rehabilitation: we want to help you become a better citizen
- incapacitation: we want to stop you from committing crime
- deterrence: we want other people to be afraid to commit crimes
- ...
And all of these carry different associated values. My suspicion is that when people attempt to justify the prison system based purely on the incapacitation effect, they're trying to don some faultless, sterile, harmless guise. "I'm not a bad guy for wanting people to be in prison; I just want my neighborhood to be safe!" But I think often a desire for denunciation, or retribution, or even angst about deterrence is at play.
I wasn't trying to don some faultless, sterile, harmless guise. To eliminate your suspicion: my preference is for a combination of retribution, deterrence, and restitution. I'm in no way ashamed to say that I prefer those over incapacitation. Sadly, the USA mainly uses incapacitation, probably because it causes the least outrage.
BTW, you left some items off your list:
- restitution: the criminal must pay back the victim or the society for the harm caused (with money, organs, etc.)
- religion: we must do something (crucifixion, stoning, amputation, etc.) demanded by God
Do you favor retribution as a end, or a means?
Because the desire for retribution is nearly universal, we can tell that it is in our DNA. It clearly offers a selective advantage. It works.
Retribution is the desire, but notice how it very effectively creates both deterrence (don't want to be torn apart by a mob) and incapacitation (can't commit crime after being torn apart by a mob). This is why it has the selective advantage.
So, unless you want brutal violence as a system of justice, don't oppose making the criminals suffer. People need to see criminals punished, and they will take matters into their own hands as needed to ensure it happens.
Do you really believe that? I honestly think there's a fundamental difference in character between willingness to commit non-violent crime, and willingness to commit violent crime. One's just selfish, while the other is likely to be negative-sum in utility in a way that makes most people write it off as a fundamentally unsound strategy unless they're true sociopaths.
Deterrence is one of the main pillars of law enforcement. There are plenty of people who reach the end of their rope and act out of desperation. Deterrence is something that limits that. There is a point where that effect plateaus and people will take the risk regardless of penalty, but lowering penalties to the point of being worthless does let crime breed.
Just look at countries where corruption laws are ignored or unwritten. They’re corrupt. Countries that don’t protect women have more crimes against women. It’s how it goes.
Otherwise you just sound like a person who likes to lock up people as much as possible with hope that everything will be magically allright then. Well, as history shows, crime reduction unfortunately doesn't work like that.
Start with PTSD. The victim might never feel safe again. The victim might have many years of waking up in a panic from a recurring nightmare.
Muggings cause violence. The mugger threatens it. The victim doesn't know if payment will appease the mugger. Both the mugger and the victim may initiate actual violence. They and the bystanders can end up maimed or dead.
Muggings cause people to prefer commuting all alone in SUVs. You could say that this has a cost in smog, road repair, road widening, and the price placed on safe commuting. Safety becomes something you have to pay for, and not everybody can afford it.
Walkable neighborhoods can not exist if muggers are free to operate.
Prisoners also are victims, and suffer trauma. It seems roughly 1/5 male inmates are assaulted by guards, and roughly the same number are assaulted by other prisoners. And then there's sexual assault, which has glaring gaps in reporting.
I think there's an obvious question we should be asking here -- when does incarceration cause more violence than it prevents?
https://www.motherjones.com/politics/2016/06/attacks-and-ass...
Solitary confinement is cruel. It isn't protecting one prisoner from another.
Solitary confinement increases the chance of heart attack, hypertension and stroke by 30% [0]. That's because it is a stressful environment that people are not meant to function in.
[0] https://massivesci.com/notes/cardiovascular-health-compariso...
It damages your feeling of safety when outside (and I live in a very safe country). It cost me a year to lose my anxiety to go out when darkness sets in, even when just getting groceries. And I sometimes still am paranoid.
These aren't useful numbers to compare. Even if the criminal gained zero material value from his crime (say he just enjoys setting cars on fire) the rest of society may be willing to spend a small fortune to stop him from doing so. Even a completely cold-blooded insurance company would be willing to spend money on that.
I have. I escaped without losing anything - I can cross "jumped out of a moving cab at gunpoint in Panama City traffic" off my bucket list - but it left an emotional scar. Nothing lifechanging, but there's a little bit of anger that wasn't there before.
I'd love to explore evidence-based alternatives to incarceration. I'd also consider caning - but only if it really hurt.
Dahmer, for example, killed because it gave him a sexual high and he didn't like having anal sex performed on him, so his gay boyfriends didn't work out and he sought to create a zombie who would never leave him via a crude lobotomy technique. I suppose there's some argument that even he reformed in prison--he converted to Christianity and later helped those studying serial killers--but I wonder how many people would have been willing to let him move in next door to test the extent of his reformation had he not died in prison?
None of this is to say that prison is good or even desirable. One of the worst things it has done is to create a culture for criminals and criminal gangs and thereby facilitate the growth of criminal organizations.
I don't have any grand solutions to any of this, unfortunately, but neither do I believe some of those offered by others.
That's incalculable. You can't reduce the effects of crime to basic capitalist mechanics. Crime doesn't only impact the fair market economy - there's a wealth of second order effects both on people and at a macro level.
You're right that there's other levers we can use to reduce crime that don't involve simply bolting a door shut on them, but it seems an odd way to argue the point to me.
If I told my right wing, tough-on-crime uncle that keeping people in prison was expensive, he'd say we should just shoot them as bullets are cheap, or possibly that we should cut 'luxuries' like gym equipment and free education, charge prisoners rent and force them to do hard labour.
I think people who would advocate for a more Scandinavian system are unlikely to convince my uncle on cost grounds.
Bullets don't need to be cheap. China solved the cost issue: simply charge the family for the cost of the bullet.
About half of society strongly opposes letting criminals run free, out causing mayhem and destroying our civilization.
About half of society strongly opposes letting a judge order a bailiff to fix the issue with a $0.25 bullet as soon as the verdict is in.
That leaves us with the option nobody likes, which is that we spend an absurd amount of money keeping people incarcerated. Most of society grudgingly accepts this.
But even ignoring the suffering inflicted by the prison system, both on the incarcerated person and their family, your example should make us ask -- when does it even make sense to put a person in prison to remove the opportunity to do crime?
How much do you think a person takes per mugging? People don't carry that much cash these days -- suppose one mugging gets you $100 (seems high). Apparently the cost of keeping someone in prison varies by a lot from state to state, but an average value is around $33k, which comes out to around ~$630 per week -- i.e. we're likely paying more to keep your hypothetical criminal in prison than they would cause in crime on the outside.
And when you look at stuff like drug crimes, it gets hard to even figure out what the actual cost to society is for the crime -- but we put a lot of people in prison.
Even if you disregard the suffering inflicted by incarceration, even if innocent people are never convicted, sometimes prison is a bad deal for _everyone_.
Also,
> truly rehabilitative is simply impossible
How did you reach that conclusion? Surely such a broad statement deserves some support.
https://www.vera.org/publications/price-of-prisons-2015-stat...