As far as being penalised for not predicting the future actions of an individual person, not so much. That would effectively mean that every person would be sentenced and required to serve the maximum penalty for any violation, even though those maximums were intended to be doled out to only the most egregious offenders.
Perhaps much more granular and specific sentencing guidelines with objective qualifiers so that sentencing was more predictable?
You have to be careful here. Doing so can create perverse incentives that undermine justice. If a judge or a jury face such penalties, they will be inclined to reduce the penalty or feel compelled to find the defendant not guilty as a fearful precaution, even in cut and dry cases. And would you punish innocent jurors where unanimity is not required?
And therefore, for proper function of society:
- Judges should be exposed to penal jail sentences if an innocent goes to jail,
- Judges should also be exposed to penal jail sentences in case they release a criminal sooner than the maximum sentence and they commit a new crime.
When a criminal is released 18 times by judges, and they slaughter a dozen people on the 19th time, you know you’re in France. And that’s somewhere you don’t want to be.