Comment Re:Um.. Why? (Score 1) 141
No.
Our justice system is historically based on the theory of retributive justice. Retributive justice is not the same as vengeance. Retributive justice theory says that the punishment must "fit" the crime, based on its severity. This theory says it's also impersonal; society is not supposed to get pleasure from the act of delivering this type of justice.
Of course, this makes no sense. How does inflicting more harm do anything to "solve" the fact that harm has already been inflicted? This is the logic of a 5-year-old. So utilitarian justifications are tacked on when people grow up and try to figure out what the fuck is going on. These include deterrence, rehabilitation, etc. Eventually, as society grows up, this tail will wag the retributive dog more and more until we come to a better system. This will take ages to happen everywhere, though it's already happened in some Nordic countries.
Retributive justice is probably a self-unaware sublimation of a desire for vengeance. But that's a psychological argument, not a legal one.
Again, our legal system recognizes no criminal right of a victim against those who harm him. The victim's recourse is a civil lawsuit, where the principle, incidentally, is that the victim has a right to force the one who harmed him to cure the injury. You don't fulfill a contract, you pay a penalty for my inconvenience. You hit me with your car, you pay for my medical bills and compensate me for the pain I suffered. And so on. It goes all the way to, "if you kill me, you pay my estate the amount of money my life was worth". You may notice this actually makes a lot more sense than retributive "justice", although it's obviously not perfect because no amount of money will bring me back to life; the harm just can't be undone in that case. But that's neither here nor there.
So there's nothing anywhere saying you have a civil right, or would have a civil right if not for criminal law, or have a civil right that the government is exercising for you. Someone hurts you, you go to court and get compensated for your injury. That's YOUR right. The state has an ENTIRELY SEPARATE right to punish people who do bad things, because Kindergartner-logic + utilitarian handwaving (NOT REVENGE), and you have no interest in that whatsoever.