[lbo-talk] Framed (Was Everything's coming up roses)

[Maria Gilmore]

I don't have anyone to quote, <G> but something occurs to me.
"Consequential" punishment is a method of getting most people in a society
to toe a line by making examples of individuals; it isn't necessarily too
picky about the guilt or innocence of the specific cases, the important
thing is to deter behavior across the board.  The "you've gotta break some
eggs to make an omelet" argument.   It's okay with the occasional innocent
being one of those broken eggs for the greater good.   Except...there are
always going to be people who KNOW that person is an innocent victim.
Family, friends, defense attorneys, not to mention cops, prosecutors,
judges...and of course the person themselves.   So every innocent punished
in such a system generates resentment, disillusionment, and cynicism about
the society in possibly dozens of others, for whom the deterrent effect
likely won't work because they know justice has not been done, the innocent
has been punished and the guilty has not.   After a while you're going to
have a reservior of people in this society who know the system's idea of
"justice" is a load of crap.   People with that attitude, I'd think,
wouldn't be deterred from anti-social behavior, in fact they'd be more apt
to offend against the society in some way...again, a vengeance model in
reverse...