Are you suggesting locking up first time offenders? The punishments are already fairly harsh.
Also, you post some of the most long-winded responses I've ever read on a message board. Keep this one brief.
Obviously, the circumstances of every crime are different. In some specific cases, I would, indeed, be in favor of locking up first time offenders. The maintenance of a safe, civil society is dependent on the shared belief in the power of the state to protect the health, safety, and well being of all citizens from those who would disregard that compact and damage others. In that regard, the administration of the law serves two parallel purposes. The first is to establish that justice, in an abstract sense, can provide for punitive deprivation to those responsible for doing harm to others. This is done with the—often tenuous—approval of a populace desirous not only of protection, but of the maintenance of a shared set of moral and cultural values. That can be a tricky business. And one that violates one person's sense of justice while reiterating another's. But a second, and perhaps more important function, is preemptory and dissuasive. The innocent depend on the state to protect them from injury and impairment, as well as to act punitively toward transgressors. I think it would be universally agreed that protection before the fact is more important than punishment after the fact. The argument could be made that the commission of a particular crime should result in a fixed and constant punishment regardless of circumstance. In reality, that addresses the punitive but, perhaps, not the preemptory. It is indeed a delicate, perhaps impossible task for "the law" to balance those two imperatives in vastly different circumstances, even in the commission of an identical transgression. (A particular action, after all, can be an act of desperate self-preservation, a hateful, vindictive, sadistic outburst, or simply a callous, selfish disregard for others.) The matter is further complicated by the reality that we live in so vast and varied a society. It is increasingly difficult to define a consensus on the appropriate role of the state in interpreting and enforcing what—to many—is an externally based moral code, versus creating statutes that empower the secular institution of the state itself to be the arbiter of its citizens' (as well as its own) well being. Different political systems interpret their responsibilities—and powers—in radically different ways. The Soviet Union, in the old days, denied the existence of a moral code outside of the one that the state devised to best serve its own interests. Thus, it was illegal for a person to kill his neighbor, and it was illegal for a person to make a xerox. The state did not see either of those acts as inherently, morally more or less serious than the other. Each of those acts was a transgression against what an all-powerful, and by implication, all knowing state had decreed. In our own democracy, the most complicated questions, and the ones subject to widely different points-of-view in the pursuit of law and order are: "what was the harm (real or potential)?" and "what's the consequence?" (of too much or too little punishment). The very same disregard for a law could, for example, result in the smashing of a coffee shop window, or the killing of a child. How do you punish the first sufficiently to try and prevent the second from happening? I believe that, in the long run, the severity of punishment should take into account the efficacy of dissuading the commission of that crime in the future. It could be argued that, on a case-by-case basis, the underlying goal of that philosophy is the benefit of the many despite the impairment of the one (regardless of whether or not that one is a "top three defensive forward").
I'm sure you've figured out that I made a long and discursive response on purpose.
No one forces anybody to read anything that anybody has to say. I assume that any person posting an opinion is as entitled to express their opinion in full as any other person. And I fully support the right of any person to disagree with me, and to refuse to read a single word of what I have to say. I would, however, never presume to expect any poster to confine their opinions to only those I agree with, or order any poster to confine their opinions to only the length that I feel like dealing with.