Comment Re:The root of the argument is punishment itself (Score 0) 1081
1. No, punishment per se is not justified. Or at least even if it might theoretically be in some cases, trusting the state with this power is not a good idea.
2. However, society does need to be protected in extreme cases, and this is properly the state's job. Ideally this can be done through preventative measures, ranging from police patrols to education. But yes, some people (hopefully a small number) may have to be physically restrained in order to keep them from harming others. This isn't intended as "retribution" or "punishment" but rather simply as a protective measure for the general public. How long should such people be physically restrained? For the amount of time that is necessary to protect society, based on the best available scientific data on the subject. Therefore generally short sentences (3 years) for most crimes, with a strong focus on rehabilitation and reintegration into society, so you don't create hardened criminals where that wasn't the case before. And sentences of about 10-20 years for very serious crimes (almost exclusively violent crimes), mostly on the basis that elderly people very rarely commit violent crimes, so even for murder, there is little risk to society if you release a 50-year-old from prison, and very little benefit in incarcerating him or her further. And finally indefinite sentences (or possibly involuntary commitment in an institution) for the tiny minority of people who are extremely dangerous or psychotic or otherwise cannot ever be safely released.
This is roughly the system currently implemented in Scandinavia, and to a lesser extent in other parts of Europe.