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eamus_catuli t1_j860xuq wrote

If a magic wand existed by which you could tap people on the head and cause them to never rape again, sure, I would prefer that to jail.

But therapy doesn't work that way. It takes time (sometimes an entire lifetime), it doesn't always result in desired objectives, and it requires genuine effort and a desire for change on the part of the person being counseled.

So if you're asking me whether I think jailed rapists should receive counseling? Yes, I agree with that. If you're asking me whether we should substitute jailing for counseling, hell no.

What would you say to a woman who is raped by a person who was recently given a sentence of counseling instead of prison? "Sorry, I guess the counseling didn't go as planned!"

Again, you can't use long-term solutions to address imminent safety requirements.

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SatanicNotMessianic t1_j8688yj wrote

I am saying that scientifically reformative forms of justice result in reduced recidivism.

There’s basically three different motivations in criminal justice. The first is isolation - removing a dangerous member of society from an environment where they can do harm. That doesn’t mean the incarceration needs to be brutal, or even uncomfortable. You can encase them in carbonite or lock them in a room at the Ritz, because the goal of preventing additional harm is effected.

The second is restoration and reformation. Again, this runs the gamut from counseling to Clockwork Orange. This approach both prevents additional harm and restores an individual as a functioning member of society.

The third is punishment. Punishment itself has a few different motivations. The first is reformation, as in the above, but it does it’s job less efficiently than other, less ham-fisted methods. The second is disincentivizing other people from commuting a crime, either through fear of punishment or (in an economic sense) decreasing the net benefit of committing a crime such that a rational actor will decide not to do it. That one is a mixed bag in terms of effectiveness. The evidence does not support the proposal that harsher penalties reduce crime. The third is just balancing the karmic books - the idea that society must avenge itself violently against someone who caused crime, just because “they deserve it.” I’m pretty sure that last one lacks support from either a pragmatic or an ethical standpoint, but it does seem to be a major motivating factor in the American justice system.

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silasgreenfront t1_j86cwut wrote

>I am saying that scientifically reformative forms of justice result in reduced recidivism.

Do you have any sources on the success of reformative justice in the reduction of sex crimes, specifically? I'd been under the impression that crimes of that sort were more resistant to reformation efforts but my knowledge of the research is limited and dated.

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SatanicNotMessianic t1_j86gjmh wrote

We can dig through the efficacy of treatment programs, but just to get a feel for the kind of question we are trying to answer, how would you feel if we were to hand a book of moral philosophy to a rapist and were able to with perfect foresight tell that they would never rape again?

Would your first impression be that they got away with something, or that they were successfully reformed and do not require further punishment? I’m coming from a theory of justice angle here just for kicking things off.

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silasgreenfront t1_j86lk7p wrote

I'd feel immense relief. Mostly for any potential future victims and, to a lesser but very real degree, for the rapist himself. I'm not religious at all but I grew up in a deeply Christian household and that concept of redemption still influences me a great deal.

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SatanicNotMessianic t1_j86mhkg wrote

I think we are very much on the same page, and I really appreciate you taking the time to talk with me about it.

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