Is it necessary for innocents to sometimes be punished to keep justice?
In an unemotional, unbiased system of law, will some innocent people always be wrongfully punished?
Is that necessary to keeping the law just and unprejudiced?
Answers:
IT certainly happens, but usually in the case of mistaken identiy, I don't think it will always be necessary, democracy is a young concept and justice (as opposed to revenge) is also very young, I think we will eventually be able to have justice withoutt the innocent being punished.
Sadly, yes. There will always be a trade-off between efficiency and humanity. The Nazi's took it way too far in one direction (they were surprisingly efficient, but--NO!) The idea of running a country like a hippie commune would take it too far in the other direction.
To keep working, the judicial system (which is already hugely overburdened) must run on a rational, not an emotional, basis. So every once in awhile, an innocent will suffer.
I hate it. But I don't know what to do about it.
no, it is not necessary for innocents to sometimes be punished.
Logically in order for there to exsist a definition of justice,
innocents can not be punished, hence the system ceases to be just.
Law is neutral and if just would protect innocents. again in terms of definitions, justice can only be used to identify a system that does not punish innocents.
on the other hand a a matter of law not described as justice it is possible to violate the term justice and punish whom ever in complience with law.
ie dred scott...or gore v bush...ect ect.
I don't know.
Would it be better to allow a few guilty to slip through the cracks rather than have one innocent person unjustly punished? I would rather see that.
And I think it is sad that unjustly, unfairly prosecuted people cannot file charges against prosecutors or juries who unfairly convicted them. How many people are later released because DNA finally clears them. What is their recourse? The prosecutors should have to pay for their suffering.
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