Comment Re:Surprising (Score 1) 243
Modern society wants to categorize everything, even the various minutia of a given category have names for everything. As such, even if we take a single point (murder) and decide that some cases warrant different punishment (sentence scaling) then we've turned a simple thing like m^0 into m^1, and even if society can avoid breaking m^1 down into a calculus problem to assign punishments, there will inevitably be someone who looks at direction of intent to harm and the interplay between it. Even if we can accept that this turns m^1 into m^2 by virtue of this still-analogous system, people will want to break analog into digital, as a 'fuzzy' line can get people into more (or less!) trouble than should be if there is bias in the judge(s).
That's how a 'simple' act such as murder can be analyzed and go from a single point (biblical thou shalt not kill) to a graphical plane that's still imprecise to measure. Not so simple, even if many of these dimensions were interchangeable to other crimes, do we argue for hard-line sentence modification on the intent scale, or should the scale be relative to the perceived 'severity' of the crime? (there's m^3 - emotional responses to 'gruesome' murders) People, in general, think better with explicit rules than with multiple dimensions in their heads, so the current system of writing laws explicitly is the best they can come up with.
Also, it should be noted that overcoming individual bias is easy, overcoming social bias within a social system is nearly impossible in the context of a society. If the society has access to affect change in laws, laws will reflect the bias of the people making those changes. (but not everyone - abstinence-only-education anyone?) Overcoming social bias in a jury might happen if you can somehow systematically get 12 people to discuss and agree on verdict without facilitating groupthink. Something this current system is terrible at doing.