Thursday, September 5, 2019

what are my views on restorative v adjudicative processes nowadays? do i think we should have sentencing circles or fire and brimstone judges sending people up the river?

neither.

i think we should replace the process with a system of tort. and, i've already been over that.

this would be a fundamentally restorative approach in scope in that it would focus more on restitution than retribution, but it would retain the function of the judiciary to determine guilt and sentencing. in extreme cases, you'd have to remove people from the population, still, mostly due to the realities of mental illness. but, in most cases, the judge would order the offender to do something for the community and something for the victim, with the dual purposes of undoing whatever harm was done and reintegrating the person into the community.