Universial Laws (3) - Penalties

The penalties for crime must have the following five characteristics.

1. Justice
The penalty must fit the crime. The severity of the punishment should match the seriousness of the crime. A serious crime must have a tougher penalty than a minor one.

2. Mercy
Mercy is sometimes more important than justice. If the person breaking a law has made a thoughtless mistake, they should be shown mercy and allowed to make a fresh start. We all make mistakes, so we all need mercy at time. Harsh punishments are not always appropriate.

3. Caution
Innocent people should not be punished. A society should be cautious when applying punishments, so that the innocent are protected.

4. Restitution
The penalty should benefit the victim of the crime. As far as is possible, the punishment should restore the victim to the situation they were in before the crime occurred. If the harm they received is permanent and cannot be restored, they should receive financial compensation to help them cope.

5. Deterrence
The punishment should also deter the criminal from breaking the law again. If the person is incorrigible, this may not be possible. However, the punishment should at least make them worse off than they were before they committed the crime. This will discourage future adventures with crime. Breaking the law should never benefit the offender.

These five elements of punishment, justice, mercy, caution, restitution and deterrence must be balanced against each other, without any one dominating the others. None of these elements is sufficient justification for punishment on its own.