[QUOTE=Fear Itself]
If execution represents equitableness for the crime of murder, what is the equitable sentence for the crime of rape? To satisfy your need for equitableness, shouldn’t rapists be raped by the state? How can any term of incarceration be equated with sexual assault, except through subjective designation?
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Yes, equitableness is not something that can be easily decided upon. I, personally, hadn’t given any consideration to rape because it is irrelevant. But, for what it’s worth, I’m happy to examine it. You say “how can any term of incarceration be equated with sexual assault”, so perhaps sexual assault is also worthy of a punishment greater than life imprisonment?
You’re missing the point. I never said anything about literally being the same thing. Some rights are more valuable than others. I personally consider the right to life to be the most valuable AND to be immeasurably more valuable than any summation of any other rights. What good is a right to property or right to freedom if you’re not alive to enjoy it?
We, as a society, have agreed upon what an equitable trade is for most violations. For instance, theft (violation of someone’s right to property) is worth a certain amount of time of incarceration. Thus, we can roughly say that a violation of someone’s property of a certain amount is equal to a certain amount of someone else’s right to freedom. I think we, as a society, have agreed to these terms because they’re amongst the simplest and most humane ways of dealing with crime. It’s the same sort of principle why we use money instead of trading sheep for corn. Money and incarceration are simple, quantitative things that can easily used to fulfill this principle. Further, incarcerating someone or fining them is significantly less barbaric and more humane than, say, chopping of their hands or physically castrating them.
However, the crux of my argument, which you haven’t addressed, is that life is immeasurably more valuable than any summation of any other rights that a person may have. Thus, it is impossible to have any sort of equitable trade of any other rights.
I agree that the state is more or less depriving the convict of what free men aspire to. I disagree that it is equitable. To qualify this, any freedom that the incarcerated man does not have, neither does his victim. However, the incarcerated man can still read a book, write a letter, have a conversation, smile, or any number of other things; his victim can NEVER do those things. He has taken away from his victim not just freedom, but everything that goes with life that we take for granted. Incarceration is not even close to an equitable trade for murder.