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It seems to me the problem with law is its universality. We need hard paternalism for the bottom 10% and classic liberalism with protections for everyone else
We kind of have that with parole eh? Parolees can be searched for far less than the rest of us.
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Hypothetical: you're now in the bottom 10%. How do you live differently under hard paternalism? How do you qualify to leave the bottom 10%?
I interpret "bottom 10%" as being unable to follow obvious rules like no assault or theft (without a reasonable excuse like self-defense or genuine need), especially breaking the same rule multiple times, with strong evidence. Maybe this isn't actually 10% or what the parent implied, but it's my criteria for facing the real law, like "hard paternalism".
I'm sympathetic even to these people, and feel bad arguing for their harm. But society must do something or (there's overwhelming evidence) more people will suffer. And the only way I can imagine myself in their shoes is after brain damage that would make present me want to restrain future me ahead of time (similar to how I may prefer euthanasia over decades of dementia).
Some way to ensure you can't assault or steal from innocents. You could live in a confined area with others guilty of your crime (i.e. ghetto - I try not to hide under euphemisms), a confined apartment (i.e. cell, where you can be alone or with friends), or walk among official civilization with restraints that prevent your crime.
If you can convincingly demonstrate that something has changed so that you'll no longer assault or steal. e.g. spending enough time not attempting to, even under pressure, especially if restrictions can temporarily be kept but moved out of your perception.
1997
New York City
Is a walled
maximum security
prison.
Breaking out
is impossible.
Breaking in
is insane.
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Yes, and the way that this should be implemented is swift and sure punishment with escalation ladders.
For example, let's say you are caught shoplifting. First offense, a warning. Then 1 day in jail. Then 30. Then 1 year.
Instead the law is like "Crime carries a sentence of 5 years but they probably won't prosecute and if they do the judge will probably let you out with a warning, unless they decide not to for some reason and throw the book at you".
You get bizarre cases where a first offender is thrown in jail for a long time and the (more common) scenario where a repeat violent criminal is released dozens of times. Three strikes you're out was the right idea, we just need better refinement.
Anarcho-tyranny can defeat even that. Your white guy goes to prison the third time some cashier fails to scan everything in his cart and he doesn't catch them. His protestations that it is not his fault fall on the judge's deaf ears. People of the proper race just walking out the door with a bunch of stuff don't get prosecuted at all and the escalation ladder doesn't matter.
Draconian law-n-order stuff just makes life worse for the people the law is meant to control, without controlling the people it wasn't controlling anyway.
The store ain't calling no cops when you'll pay for the goods.
If they assume you were trying to put one over on them, they will.
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This proposal won't prevent that. They would still not be required to prosecute (and a rule saying 'they must prosecute' is a bad idea for obvious reasons) and it just moves the discretion from the judge to the prosecuter, and the judge could declare you not guilty anyway.
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This seems the way. Swift and sure punishment is how you create very safe societies with modern policing. Look at Dubai many people here insist that a society full of Arabs and Indians can be so safe and yet it is.
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Especially when punishments that could seriously deter/derail the lives of the top 90% are essentially lettuce floggings to people in the bottom 10%. You can pile infinite fines on somebody who's already subsiding purely on government aid and cash jobs
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