Generally, states have to balance a number of things in
            enacting their criminal laws.
For example, states may need
            to balance the rights of their citizens to be secure against the need for the state not
            to spend too much money.  If the state were only interested in the first of these
            things, it could impose extremely harsh punishments on those who break the law.  Because
            the state has to think about money, though, it has an interest in imposing shorter
            terms.
Similarly, the state has to find balance between the
            security of the public at large and the interests of those who might commit crimes.  A
            state that cared only about the first might again impose very harsh sentences.  But the
            state has to guard against imposing sentences that are too lengthy because those would
            be unjustly harmful to the interests of people who commit
            crimes.
At all times, states have to balance between
            security and freedom as well.  They have to avoid criminalizing behaviors that are
            merely offensive while still making sure that they do not allow behaviors that are truly
            dangerous or which create actual problems for society.
 
No comments:
Post a Comment