joolstoo, i thought i made clear that the reason i believe we need a criminal justice system is to protect other members of society from those damaged members who perpertrate (sp?) violent acts on others.
to me punishment just compounds the problem: heaping pain on pain doesn't make pain go away.
not all people that have had horrible crimes committed against them or their loved ones feel the need to exact revenge. there is a terrible anger that happens when someone you love is hurt and the gut reaction is to hurt back, but that isn't necessarily going to make you feel better or solve the problem.
call me stupid, but i really believe that only care and love can help in these situations. that doesn't mean letting violent people roam the streets. but i've yet to come across and instance of someone that is a spiteful nasty person that isn't damaged in some way, and can only surmise that this applies all the way along the continuum right up to murderers.
in order to inflict pain on anyone the perpertrator (sp again, can someone help me with this?) needs to dehumanise them. if you are able to dehumanise another i.e. not allow that they are feeling, sensitive beings you are probably someone that has been treated in a way that you are unable to consider yourself as such, let alone another. this usually results from being abused in one way or another by the person that cares for you in early life. there is evidence that this is the case (see my link below), but doesn't your life experience show you this? don't you know people that are difficult to be around or hurtful that you can see are damaged (not to the same extent as above)?
i find the need to argue this so depressing. hate on hate doesn't actually cure hate!