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I think you’ve kind of elaborated on the wrong things (although I’m interested to hear more about the skateboarding and if we know any of the same spots).
But what are they? I do too though. I believe that there is a human instinct for retribution that has been delegitimized in academic penal theory regarding deterrence, and that a victim is actually owed this retributive justice because it instinctively feels good and its omission is a harm. Additionally I think that there are some things humans naturally find disgusting, and that disgust is also a harm (in a lesser but similar way that assault is a harm), and I found the class I took on Rawls laughable because the professor a priori denied that a person has a right to not feel disgust while possessing a right to not be slapped.
But what topics?
I definitely agree here. Once a civil authority can no longer predictably keep you safe from crime or make satisfaction after the event, you should have the right to inflict corrective corporal punishment on the criminal provided you have sufficient evidence of the crime occurring (video recording). This is doubly true if the crime will not be investigated or if the response time is greater than half an hour. Our idea of withholding personal justice is predicated on the faith that our victimhood will be satisfied by a higher civil power. It’s also truly insane from a psychological position of (ironically) deterrence theory. Imagine if you withheld administering a slap on your dog after biting a child, and instead waited months before assigning a verdict. Such a process is only effective for rational intellectual creatures and criminals who reason about there actions longterm, not for your average violent or antisocial criminal. We could be deterring so much more crime by simply beating criminals immediately if sufficient evidence is obvious, or at the very least throwing them in a cell without food for 30 hours (the walls decorated with the psychological cues of their crime). This is actually vastly better for the criminal who hopefully develops a minor trauma response when considering criminality in the future.
I disagree there. Excess punitiveness led to the opposite swing of the pendulum which we have now, where in some places crimes are not even prosecuted and instead reclassified as "aw shucks boys will be boys" horseplay. The insurance will pay for your cleaned-out store, why are you even complaining? If you insist on having a car parked in public, of course the window will be smashed so any items that may be inside can be stolen. So why would the police even bother, when they know nothing will come of it? To quote a story from 1909 about the same viewpoint:
But you need the reform and rehabilitation as well as the punishment, otherwise you are just throwing the person back into the same environment from which they came. People starting off with petty crime will continue on the path to more serious crime, the serious criminals will just take 'doing time' as part of the package. There has to be a balance. Some small amount will be truly incorrigible and locking them up for long stretches will be the only way to deal with them, but some will also be willing to change, if they get help on to another path and support to keep them away from falling back into the same neighbourhood, same associates, same situations they were in before they were convicted.
And more convictions. Fewer slaps on the wrist. People plainly gaming the system having to face the consequences of their behaviour. Absolutely I agree with all that. But you can't just beat the crap out of them (though a timely slap round the back of the head for some of the 'youth' might do way more than all the bleeding-heart 'little Johnny can't help it, he's a victim of society' or being thrown into a cell with no food for two days) and leave it at that, for those who can be helped, then we should extend mercy. Mercy does not mean stupid or soft-hearted, though.
We haven’t had excessive cue-response punishment in America for a long time, because what is universally important for deterring animal behavior is that the punishment occur parallel or quickly following the behavior. The association must be intuitive and salient for deterrence to occur for animals, and it’s only different among Civilized Man because he has been trained to constantly self-administer judgment of behavior so that cue-response rewards and punishments are artificially associated with the behavior in the mind. Taking a long time to arrest someone, or placing them on bail, is not sufficient punishment for animals if our intention is to change behavior. You can even ask them why they are being punished and they might say something approximately like “the government” or “racism” or “snitches”, ie they are mentally inculcating a pattern that is only going to produce more criminality in the future.
But in any case, it’s the fault of judges if they don’t follow the rules, not the fault of a given schema. Your 1909 quote is clearly about a specific category of crime that wasn’t considered serious at the time (hitting your wife).
Maybe I wasn’t clear in my post. You do not need any reform or rehab because animal behavior will 100% change provided a behavior is associated with punishment. That is the reform, that is the rehab. It’s how you learn not to touch hot things, not to be mean to others, and even to keep your King defended in Chess. Dog’s do not actually need reward-training to learn not to jump on the counter because you can just pinch their butt and shout, or quickly place them in a cage (if you are one of those progressives who mistakenly believes that isolation and boredom are less painful than brief physical pain). This is all very simple animal psychology that should be common knowledge and taught in schools. An animal can become traumatically afraid of walking on ice simply by falling into a frozen lake, no reform required (I sadly learned this from personal experience: my genetically-evolved Labrador never swam in her life because she escaped the yard and found her way on a frozen lake.)
I say, many more physical slaps on the wrist for young criminality including poor school behavior, which progresses in adulthood to beatings (continued until morality improves).
We seem to have different notions of what a 'slap on the wrist' involves, but in my day we had corporal punishment in school and I agree that a good swipe of the báta wouldn't go amiss with some 😁
My 1909 example is not about the crime, it's about the expectation on the part of the citizen. "Look, a crime is being committed over here!" and expecting the cop to rush to the scene, while the cop knows the complaint won't be pursued (the wife won't bring a charge against her husband, Chesa Boudin when he was still there won't bring a prosecution) so he takes his time and strolls along leisurely, if he even bothers to go.
If the cops know that the wife-beater/crazy guy on the subway will be held and won't be out on bail within five minutes of being arrested, then they have an incentive to do the damn job. And that's on us, who vote in or support the guys who campaign on "I will stop the incarceration pipeline". Mind you, the "tough on crime" lot are not much better; it's no good being 'tough on crime' when the courts are backlogged and the jails are too full to hold the convicted, you need to put resources in there too.
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