Here's a fun thought experiment for you guys to check out. Later in the semester we'll be getting deep into issues regarding social justice and the ordering of society. This little scenario will get us thinking down that road now and "till the soil" of our minds for these issues to come. Here's the situation:
You are the judge and sheriff of a small town. A man has been sentenced to prison for armed robbery, and admits guilt for the deed. "But," he argues,"I'll never do anything of the kind again. In fact, I'll never break the law again in any way, shape, or form. I'm not insane or a danger to society. I would be happier out of jail than in. My wife depends on me for support and she and the children would be far happier if I were able to be the family breadwinner again. As to the influence on others, almost no one would ever know about it; you can keep the matter out of the newspapers and no one except you will ever know that the crime was committed. In fact, I'll move to another town and never be heard from again. I understand what I did was wrong and I am a repentent, reformed man. Therefore, you should release me."
Assume for the moment that every claim he just made above is 100% true and that somehow you have epistemic access to this truth (that is, you can somehow know that everything he just claimed is true). So, assuming he's correct, what do you do? You have the power to release him and (like he claimed) no one else would ever know about it.
If your answer is that he should go to jail anyway... WHY? What reasons could we possibly have for that consequence?
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"If you give a mouse a cookies, he's going to ask for a glass of milk." If I am the sheriff and judge of a small town, I set the precedent on standards. If I let one infraction slide, I set the standard on that penalty. The laws of the small town were made for a reason. If they are not followed, they have no reason to exist at all.
The robber has no right to argue with the judge. As an adult, he knows full well the consequences of armed robbery. If the sheriff lets one man slide on this one, it could come back and haunt him. Other criminals may take advantage of his lenience on the law.
It seems like jail time can be changed depending on good behavior. He must be sentenced to jail now and a review of behavior can come out at a later date. The criminal should blame himself for putting his family in a terrible situation. There are alternatives to armed robbery.
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