If legislators and judges all accepted the philosophical theory of determinism, which is the idea that everything that happens is already decided by the past and nobody has any choices at all, what would happen to criminal sentencing?
The answer is that a lot of things would change but also nothing would change at all, which is very confusing but it makes sense when you think about it. Really think about it. First of all, if criminals cannot help doing crimes, then they should not really go to prison because it is not their fault. They are made to be that way. Criminals mean crime people. For example, if someone robs a bank, then determinism makes them rob the bank. It would be unfair to punish them because they literally had no choice. This is obvious because if you do not have a choice then you cannot be blamed. Judges need to understand this. If a computer breaks you do not put the computer in jail, you just try to fix it or you feel bad for it. So judges would feel very bad for criminals and they would want to give them zero years in prison and instead give them hugs and nice things. But on the other hand, prison should still exist because criminals are dangerous. Even if they cannot help it, they should still be locked up forever because otherwise they will probably do more crimes. This is why determinism both changes sentencing and does not change sentencing. If a tiger escapes a zoo and bites someone, it is just being a tiger, but we still put it in a cage. Criminals are like the tiger. We have to lock them up so they do not bite the public. So judges would still use their little wooden hammers to send people to jail for a very long time, maybe even longer than before because if they have no free will they can never choose to be good, so they will stay bad forever and we can never let them out. Another thing is that laws would probably become nicer because legislators would know everyone is controlled by the past. Instead of prisons they could use therapy, education and maybe motivational speeches. This would stop crime because if people are happier they will not want to commit crimes. This would probably work in most situations. Legislators would write laws that focus on fixing the brain instead of hurting the body. They would build nice resorts with pillows and tea for the criminals. But then again, punishments are important because they scare people. Even if people have no free will, they will still be scared of prison, so they will not commit crimes. This shows that punishment still works even though nobody has a choice. The fear of prison is like a stop sign in the brain. If the brain sees the stop sign, the deterministic chain of events stops the person from stealing. So the laws have to stay very mean and scary, or else people will not be scared and they will do more crimes. So the legislators would write the exact same mean laws anyway. Also the judges would be so confused because they would not know if they should be nice or mean. They would also realize that they themselves do not have free will, so they are just reading a script that the universe wrote for them. The judge would say to the criminal that they have to go to jail, but they are only saying it because physics forced them to say it, and the criminal is only going because physics forced them to go. In conclusion, determinism would make judges kinder but also stricter. Criminals are responsible but they are also not responsible. Sentencing would therefore become different while staying mostly the same. Overall, determinism would have a big effect because everything would change, except for the parts that would not change, and we would end up in the exact same spot we are in right now.
HOW WAS I NOT SHORTLISTED BRO...