Quote:
Originally Posted by CaptainYooh
Yes, it is. But my example was a caricature of how the special consideration could affect the outcome of the judicial process. In essence, two people could be punished differently for the same (not similar; same) committed crime based on considerations given to their personal backgrounds. That should not happen.
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I disagree with you,
The system should be focused on the best rehabilitation approach for each person especially for first offenders. You are looking at the Justice system as being a tool of punishment which in my opinion should be secondary to its focus on rehabilitation.
We also sentence based on personal background all the time, past criminal history is regularly considered as deserving of an increased severity for the same act. Why shouldn't mitigating factors for the action be considered as well?