Russ and Neverthesame,
if someone is a psychopath now, six months, two years, or five years in prison isn't going to change that. That is the length of imprisonment that is being discussed under the present (punishment and vindictive retribution based) US system in this case.
under the current systems in both Britain and America, a particularly gruesome set of offences would need to be committed in order to get a psychopath locked away for life in a prison or a secure psychiatric hospital.
The secure hospital option is currently under challenge in parts of Britain as psychopathy is not an "illness" and although controversial, the mainstream position remains that psychopathy can not be treated; so imprisonment in a hospital becomes a human rights issue as there is no therapeutic purpose or outcome.
under an insurance and a compensatory system, a person needs insurance to be able to function in a society
anyone who is expelled from an insurance group, either needs to find another group which will accept them, or else risk the potential retribution of people who they have wronged and those people's supporters.
There is therefore a strong incentive for the miscreants to comply in order to stay insured, and there is a business opportunity there for entrepreneurs to offer secure housing and employment for such people. In the past, in Europe, the church offered such "sanctuary".
There is absolutely nothing in a compensatory justice system which implies:
At least I hope that's what he meant. Or else the wealthy elite, would be able to literally afford to rape, pillage and murder.
Instead of buying a yacht, one could buy an Uzi and an hour in a crowded area.
That actually tends to read more like the real exploits of members of some of the leading American dynastic families and like current united state foreign policy in the middle east. That is also very close to what came public knowledge in around 1990 in Italy and later came out in other European countries, under the heading of "Operation Gladio". The supposedly left wing terrorism from the mid 1960s to the late 1980s was all found to have been originated and orchestrated via NATO headquarters.
When you have a monopoly provider - there is no one to protect you from the abuses of the monopolist.
For the really difficult cases, I'm not in support of either executions or indentured labour/enslavement, but don't think that a compensatory system need be an easy way out for miscreants;
There's an interesting passage in George Ayittey's scholarly work "Indigenous African Institutions" comparing the rate of executions in one of the (I think it was 18th century) west African kingdoms with the execution rate in England at that time.
The West African kingdom was not executing serious criminals, instead, those who's crimes went beyond being compensated, got to pay compensation with their bodies and labour; they were sold:eek:.
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From a victim's point of view
The current system subpoenas victims to appear in court, and frequently punishes them if they refuse to testify
why the threat of force to get victims to appear?
it is because it is not in the the victims interest to appear. The best they can usually hope for is the vindictive satisfaction that the abuser / attacker will be caged (and raped by Bubba, due to the appalling organisation of prisons).
For centuries, kings and later on parliaments have continually extended the scope of crimes which are considered to be "against the crown" or "against the state" and hence any fine or forfeit doesn't go to compensate the actual victim, it goes to compensate the king or the state.
The actual injured party merely becomes a witness for the crown or the state.
Perversely, it is the crown or the state that claims to be the injured party:wtf:.
Also, if you look at the punishments, those are not the punishments arrived at by people of wise counsel and sound judgement who are seeking to avoid an escalation of violence, or to avoid lasting resentment that could turn into a feud, and instead to promote peace and reason.
They're leftovers from the punishments thought up by plundering, blood thirsty, power crazed and sadistic kings and their bullying henchmen; robbing people to fund the king and his henchmen, sticking people in unsafe cage farms, and executing people.
There's no need to quarter the body and display the bits on the city gates or at the corners of the kingdom now - TV and youtube do that job.