by bodigami » Tue 08 Apr 2008, 02:19:42
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The only thing i do (in thinking) is that i don't look at how we do things now or even what's realisticly possible, but to what should be done. To put it in another way; i judge myself because i'm the only one capabale of knowing my intentions.
A judge or jury is never able to know if i'm sorry for whatever i did and what my intentions are. I could be lying. The feeling of guilt is also a very important factor to take into account. To add to it; punishment, for the sake of punishment, should not be the norm. It's pointless.
I for the most part agree. I was recently part of a discussion on justice systems and it seems most native groups, especially Native Americans, have a much different view of justice than we do. Rather than judging the person, and saying, this person is a bad criminal, they judge the action, and say, you did a bad thing. I think in that distinction there is a great cleave. Everyone makes mistakes but our justice system labels the person as evil/bad rather than their actions as evil/bad. Seems to me that this kind of a system would breed more criminals, rather than reduce bad actions.
You're right that we are the only ones that can judge ourselves, but the next best thing would be our close friends. Often native americans have a 'circle trial' where family and close friends of the offender
and victim come together and sit in a circle and try to help both people. They try to figure out why they did a bad thing because they believe bad actions are a result of being 'sick' or 'out of balance'. There is not a burning hatred for the offender, but rather a desire to help the person so they can learn from their mistakes, be healed, and not make the same mistake.
I like this view because I believe it is much more accurate than ours. I don't think bad people do bad things; I think everybody does bad things, and our goal should be to try and fix and prevent those bad choices rather than incarcerating 'bad people' and locking them up and not giving them, in all reality, any rehabilitative help.
Choices choices choices... they can't all be right, but we can always try.
Indeed, that sounds more like justice... but what about TFSHTF? it's justice of the continuous pillaging of a species in detriment to all other species. I don't want to be the judge of that... but "extinction of said species" is what IMO seems more just... of course I would have prefered an "or evolve the mind of said species" but *sigh* every day I have a bit less hope in humanity... now, hope is mostly in individuals...