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> The focus is on assigning blame and just (fair) punishment. ISTM a better framing might be to determine the desired outcome and how best to achieve it. How likely is someone to re-offend, and what is the best intervention to reduce that likelihood?

That would be rational, and, especially in the US, our criminal justice system very rarely intersects with rationality. In general, it's based on what will provide the most extreme emotional response among voters.



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