8. Closing Legal Loopholes

Several loopholes that can be collectively referred to as legal illogicalities should be closed. They are the following: probation, parole, plea-bargaining, bail, clemency, commutation, pardon, reduced sentence for good behavior, concurrent prison sentence, suspended sentence, etc.

These loopholes should be closed for several reasons. First, it is wrong for punishments to be in any way dependent on the behavior of the convicted individuals after their criminal offenses. In addition, parole and probation require that punishments granted for the commission of crimes during the period of conditional release or provisional freedom be far higher than would otherwise be the case.

Each crime must be treated separately. One crime should not be given a greater penalty just because it was preceded by another crime. The punishment for one crime cannot be served at the same time as the punishment for another crime. Criminals should serve their entire punishments handed to them by the justice system at the time of their conviction. Furthermore, since each crime has its own punishment associated with it, it is extremely illogical to use concepts like concurrent prison sentences, suspended sentences, etc. To defend such concepts and remain consistent, one would need to argue that the same dollar can be used to purchase several different goods, simultaneously.

Plea-bargaining borders and probably even crosses into immoral behavior because it is too much like bribing. Bail is wrong because suspects should not have to make a promise to show up in court by paying a security deposit which would be refunded upon their showing up at the appropriate court date. Instead, the government should issue a court date and then tell the suspect that if he does not show up, he will have wished he had because the penalty for not showing up to court should be several thousand dollars or equal to what the bail amount would have been, the exact amount being dependent on the particular crime and perhaps nature of the suspect.

Pardons are just plain wrong. No single person, regardless of how powerful they may be, should have the power to forgive another person for any crime and drop the associated penalties without first proving that the convicted criminal is innocent.


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