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It is not the case that Punishment severity is properly measured by the objective deprivation imposed, not subjective experience, ensuring equal treatment under law.
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Reasons For
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Reason for
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1.
Punishment's moral purpose is to impose deserved suffering; ignoring actual harm experienced defeats retributive justice's core rationale.
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2.
A fine of $10,000 devastates a poor person but barely inconveniences a millionaire—equal objective deprivation masks unequal actual punishment.
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3.
Law should aim to reduce crime; ignoring how differently people experience consequences undermines deterrence and rehabilitation effectiveness.
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Reasons Against
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Reason against
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1.
Objective measures (years imprisoned, fines) are verifiable and reproducible, preventing arbitrary disparities based on judges' subjective interpretations.
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2.
Equal punishment for equal crimes respects human dignity by treating all citizens as having comparable worth, regardless of their psychological resilience.
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3.
Subjective experience varies unpredictably by personality, mental health, and circumstance, making it an unreliable basis for proportional sentencing.
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