* Punishment cannot be greater than the crime committed
Crimes and punishment we are discussing all fit this criterion.
There's a post-punishment situation
Punishment ends with the criminal's life.
Punishing someone who can't grasp punishment is beating a dead horse
The roles of enforcing accountability, protecting the people by removing the criminal and giving closure to the victims do not depend on whether the criminal can grasp punishment or not. However, the "cannot grasp punishment" concept reeks of avoiding accountability. Anyone with self-awareness can grasp punishment.
* Lack of autonomy is a mitigating factor (doing crime while being forced by ones company, doing crime while living within a dysfunctional family etc)
No. By virtue of our free will, we are fully responsible for our actions.
Cause of irrationality vary. There are a couple of theories behind what cause the irrational condition and a couple of solutions. For instance, a person may always be violent after drinking alcohol or too much alcohol. Knowing this, there are something to work with. There might be no solution for some.
As long as there is self-awareness, every act is an act of free will. Alcohol may influence one's neurotransmitter profile, but it cannot cause the person to lose self awareness before affecting physical abilities of that person to the point of being unable to perform a violent act.
I believe you misjudge possibility theory here. There are a possibility of repeated behavior and there is a possibility of you doing a crime. A possibility isn't enough, we need at least a moderate possibility before we act.
There is a finite high probability, which can easily be calculated by enumerating the examples. Bear in mind that each new example is a new victim, i.e. irreparable damage.
I know of a few Americans who eat carrots, it doesn't mean American eat carrots. Anecdotes are worth nothing.
Their worth is in that they demonstrate:
- failability of psychologists in such cases is finite
- psychologists in those cases haven't been held accountable by the society
It is enough of a motivation not to blindly trust psychologists when it comes to such cases (which was the aim to demonstrate).
The problem is that consequences of blind trust in those cases were fatal.
Why? You seem to believe I advocate rehabilitation instead of punishment, like it was a dichotomy. There's a time after doing time.
It is a dichotomy. Permanency of the punishment should reflect the permanency of the victim's status as a victim. In the cases we are discussing, punishment is to be permanent, which excludes rehabilitation.
If we are to look people up forever and never try to make them work in society again, then we are going to waste a lot of money.
Oh, but they'll work (read previous posts).
Am I responsible for the crimes you may commit in your life (there's a possibility you will) by not shooting you now?
1. Do you have knowledge that leads you to believe there is a significant probability of me committing that type of crime? Like, the fact that I've already committed such crimes, or the fact that I have told you that I will commit such crimes in a psychology session?
If yes, then you should perform every step necessary to remove me from the society This may be informing the authorities, informing the potential victims and the public and exercising your own authority if you have it (e.g. immediate committment to a maximum security mental institution for the 2nd case).
If this doesn't work, then:
2. Do you have the means and are able to create the opportunity to prevent me from doing the crime, and is the only way to do this by shooting me?
If the answer to all questions is yes, and you don't act, and I commit a violent crime that you were able to stop, then you are indeed responsible for facilitating my crime. By your inaction you have allowed an evil act.
However, there is an additional distinction between this example and the case of you contributing to setting an already incarcereted criminal loose. In this example, I am an ctive threat from the start and you failed to neutralize me. In cases we are discussing, the threat is neutralized at the start (by incarceration) and you are the one who contributed to activating the threat. So, your crime is qualitatively worse.