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Murderer With "Aggression Genes" Gets Reduced Sentence

Noiser writes "New Scientist reports: 'In 2007, Abdelmalek Bayout admitted to stabbing and killing a man and received a sentence of 9 years and 2 months. An appeal court judge in Trieste, Italy, cut Bayout's sentence by a year after finding out he has gene variants linked to aggression.'"

507 comments

  1. MAFIA RULEZ !! by Anonymous Coward · · Score: 0

    I want me one of those genes !!

  2. Whoa by mewsenews · · Score: 4, Funny

    Maybe I wouldn't have lost my job if I could have proven I have a laziness gene.

    1. Re:Whoa by camperdave · · Score: 4, Funny

      I tried doing that once, but it was too hard and I was up late the night before.

      --
      When our name is on the back of your car, we're behind you all the way!
    2. Re:Whoa by NoYob · · Score: 1

      Maybe I wouldn't have lost my job if I could have proven I have a laziness gene.

      I think some should go for Slashdot. Some of us have the Troll/Flamebait gene and just can't help trashing Apple users, Windows users, and calling Linux users commie bastards - even though we ourselves may be big time Linux fans (writing this on my Ubuntu 9.1 which is working like a charm.)

      Which means, I walk around all day saying, "I'm a Linux commie bastard!" repeatedly. Maybe, I'll get hauled away and get to be put on Social Security disability and never have to work again?

      --
      It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
    3. Re:Whoa by masshuu · · Score: 0

      I was gonna try that but it was to much work just trying to figure out who to call.

      --
      O.o
    4. Re:Whoa by __aasqbs9791 · · Score: 1

      I think they'd need to study you to find the "Not a hypocrite" gene. Most people I know that have the Troll gene lack the "not a hypocrite" gene and seem perplexed when I point it to them. Even when that person is the one on the other side of the window in my bathroom (that points into a bathroom much like my own, but backwards) who happens to look a little like an older, fatter me.

    5. Re:Whoa by timeOday · · Score: 2, Insightful

      Careful, being labeled "special" is very much a double-edged sword. I'd rather be respected than pitied, unless I truly thought I had no shot at being respectable.

    6. Re:Whoa by Anonymous Coward · · Score: 1, Insightful

      I think some should go for Slashdot. Some of us have the Troll/Flamebait gene and just can't help trashing Apple users, Windows users, and calling Linux users commie bastards - even though we ourselves may be big time Linux fans (writing this on my Ubuntu 9.1 which is working like a charm.)

      I'm just nitpicking here, but that should be Ubuntu 9.10 (not 9.1) the version number refers to the year.month of release rather than some incremental set of revisions or a build number, so the 0 is important.

      Can I argue that I have some sort of 'nitpicking gene' to avoid getting modded down?

    7. Re:Whoa by Tablizer · · Score: 1

      Maybe I wouldn't have lost my job if I could have proven I have a laziness gene.

      Or the Slashdot troll gene :-)
       

    8. Re:Whoa by Darinbob · · Score: 1

      Maybe I wouldn't have lost my job if I could have proven I have a laziness gene.

      Same problem here. I would have sued my previous employers over this, but I figured it'd be too much work.

    9. Re:Whoa by Anonymous Coward · · Score: 0

      I have the Inappropriate Groping Gene, can I be exempted from sexual harassment firings/lawsuits?

    10. Re:Whoa by DarthVain · · Score: 1

      You should have called in tired, just like the beer commercial. I would link it, but I can't be bothered.

    11. Re:Whoa by tubapro12 · · Score: 1

      I have an evil overlord gene, can I get a reduced sentence for trying to take over the world with giant robots?

    12. Re:Whoa by Chrisq · · Score: 1

      Careful, being labeled "special" is very much a double-edged sword. I'd rather be respected than pitied, unless I truly thought I had no shot at being respectable.

      But if you had the aggression gene you would just look forward to punching the lights out of anyone who pitied you. "Respect" would only be understood in the nigger sense of "watch out that guy's violent".

  3. Where's the... by Malc · · Score: 5, Insightful

    ... personal responsibility? Controlling our behaviour is one of the things that differentiates us from animals.

    1. Re:Where's the... by spottedkangaroo · · Score: 1, Insightful

      not at all. Organizing our behaviors is what differentiates us. We can organize good or evil with astonishing effectiveness. Look up genocide some time. Nobody controls their behavior any more than animals. In order to fit in we have to behave as though we want to fit in, it's simple feedback. Simple animal feedback. Communication and symbolism are the only things we really have going for us.

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    2. Re:Where's the... by MyLongNickName · · Score: 1, Insightful

      Is personal responsibility compatible with atheism? Before you break out the troll mods, I ask this in seriousness. If we are nothing more than a chemical being, then where does personal responsibility come into play? I am the raw computer I was born with, influenced by external factors beyond my control. I would never blame a computer for a programmer's error. How do we blame a person for its hardware and programming?

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    3. Re:Where's the... by CecilPL · · Score: 5, Insightful

      Yes. I hold both these beliefs. The justice system is not about blame, it's about keeping criminals safe from society and (in my mind) rehabilitating them.

      You would never blame a computer for a programmer's error, but you would try to fix the bugs, and if there was a dangerous bug you couldn't fix you wouldn't use that computer.

    4. Re:Where's the... by MyLongNickName · · Score: 0, Flamebait

      Let me also respond to my own post: Is personal responsibility compatible with religion. If, after all, a god created me who is omniscient and omnipotent, where is there any room for free will, and consequently personal responsibility?

      There. I've offended everyone. Mod away.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    5. Re:Where's the... by slim · · Score: 5, Interesting

      Is personal responsibility compatible with atheism? Before you break out the troll mods, I ask this in seriousness. If we are nothing more than a chemical being, then where does personal responsibility come into play?

      How is this train of thought any different for a theist? "If God's creations, enacting his will, then where does personal responsibility come into play?"

      But if you go down that 'lack of free will' route, then crime was predestined, this subsequent capture was predestined, the judge was predestined to set that particular sentence too, and everything about the whole world is basically pointless.

      So it's best to assume free will exists for practical purposes. Save the metaphysics for those insomniac nights (or take a philosophy degree).

    6. Re:Where's the... by CecilPL · · Score: 1

      And before someone else points it out, yes I meant "keeping society safe from criminals". First cup of coffee, yadda yadda.

    7. Re:Where's the... by Anonymous Coward · · Score: 0

      Appealing to "personal responsibility" is fun, and always a good rhetorical strategy; but what are you going to do if research demonstrates that it doesn't work the way you think it ought to?

      There is substantial evidence in animals(differences in temperament between dog breeds, for instance) of heritable differences in personality, aggression, etc. There is no particular reason to suspect that humans are exempt from this, and research continues in the matter. The idea that humans are blank slates, with free moral agency, is simply empirically bankrupt. It would be very handy if it weren't; but "handy" and "true" just aren't the same thing.

      That said, I think that the judge in this case made precisely the wrong decision. Murderers with a genetic predisposition to violence seem more dangerous than those without, and more worthy of being locked up for longer.(It is also possible, of course, that the judge is being fed a line by some "expert" hired by the defence, or some pop evolutionary psychology book he read, so the genetic evidence may or may not actually say what he thinks it does).

    8. Re:Where's the... by Lord+Ender · · Score: 3, Insightful

      Controlling our behaviour is one of the things that differentiates us from animals.

      Says who?

      By the way, you may be surprised to learn that humans are animals. We're apes, more specifically.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    9. Re:Where's the... by DahGhostfacedFiddlah · · Score: 4, Insightful

      Is personal responsibility compatible with atheism?

      Maybe not. That's not just an atheistic question though - it goes right to the basis of free will.

      However, we can accept for the sake of argument that we're all just clockwork beings with no more control of our destiny than a computer program. My programming is telling me that if I am going to continue to achieve my primary objectives (shorthanded as "life, liberty, and pursuit of happiness"), then dangers to those primary objects (including violent criminals) must be neutralized. This guy's genes may be an excuse, and an explanation for his actions. However, that certainly doesn't make him any less dangerous.

      The only way I'd want him to get less time on the basis of his "aggressive genes" is if he were to undergo a chemical or genetic treatment that reduces the effects of those genes.

    10. Re:Where's the... by Anonymous Coward · · Score: 0

      Exactly. Even if he can't control whether he gets feelings of aggression, he can certainly control whether those feelings put him at risk to others (by e.g. getting psychiatric help and avoiding situations where he's likely to want to hurt someone -- not to mention the decision of whether to strike someone). Society should expect nothing less.

      If I had noticed that I were more predisposed to violence, I would take measures to prevent myself from attacking others. I know because I have -- turned myself into a mental health clinic long ago when the only thing stopping me from suicide was a feeling of vengeance.

      But I guess what you're supposed to do these days is wait until you actually hurt someone and then get a pity party.

    11. Re:Where's the... by Anonymous Coward · · Score: 0

      That's a good question.

      On an unrelated note, the day the first legal document is signed saying that "people shall not be punished because they are not in control of their actions", I will show up on the door of the proposer with a chainsaw.

    12. Re:Where's the... by Viper23 · · Score: 1

      Funny, my dog thinks the same thing every time he looks at my cat. There's nothing really differentiating you from the other animals other than the fact that you are a different kind of animal. There is no more personal responsibility involved in people being put down for killing people than there is in the fact that we put down bears that kill people. Your "personal responsibility" is to survive, and that means not doing things that cause the villagers to pick up their pitchforks, torches and come visit you in your castle.

    13. Re:Where's the... by TheRaven64 · · Score: 4, Insightful

      Personal responsibility is a pure fiction in a deterministic universe.

      Except that quantum mechanics implies that we are not in a deterministic universe. Replay the same actions twice and you won't necessarily get the same outcome.

      --
      I am TheRaven on Soylent News
    14. Re:Where's the... by thisnamestoolong · · Score: 1

      When it really gets down to it, the question becomes irrelevant. At the end of the day, you have an individual that is a danger to the rest of society. Whether or not the murderer was 'responsible' for his actions is a debate for the philosophers -- we can only hope to do what we can to make sure that this person in question is unable to harm others again, either by keeping them away from society or rehabilitating them to the point where they will no longer pose a threat to society at large. In this respect, I would find a gene that makes individuals predisposed to violent behavior more of an argument in favor of their life imprisonment than a mitigating factor.

      As for the philosophical aspect of your query -- I am assuming that you are coming at this from a theistic perspective. I would counter your argument with the same -- if God made every person exactly as he saw fit and everything is in God's plan, how can any human ever be responsible for their own actions? The theistic world view is far more deterministic than the atheistic one. Furthermore, I don't feel that our being simply chemical beings equates to us being 'programmed'. Our brains have evolved to be incredibly plastic organs - they can be rewired and reshaped very easily. Our brains have also evolved the ability to create a separate internal dialog, invoking reflection on past actions and visualization of future actions, to make better decisions in the future. Our brains DO have a sort of inherent dualism in the way they process information, but this does not necessitate anything beyond the chemical! All of these dualism we see, as well as free will is simply a result of parallel processes running in the brain and subtly affecting each other.

      To sum it all up -- personal responsibility is absolutely not incompatible with atheism, and even if it didn't exist at all it would not absolve murderers of their crimes.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    15. Re:Where's the... by sjames · · Score: 4, Insightful

      Doesn't that make the punitive aspects of the prison system (which have not been demonstrated to serve any rehabilitative goal) unconscionable?

    16. Re:Where's the... by jeffmeden · · Score: 1

      If we're smart, we'll execute murderers not for punitive reasons, but simply as a solution to a problem.

      If we're really super DUPER smart (per your argument) we'll execute murderers BEFORE they murder... you know, because we are smart.

    17. Re:Where's the... by BarryJacobsen · · Score: 4, Funny

      Controlling our behaviour is one of the things that differentiates us from animals.

      Says who?

      By the way, you may be surprised to learn that humans are animals. We're apes, more specifically.

      Get your logic away from me you damned dirty ape!

    18. Re:Where's the... by khallow · · Score: 2, Interesting

      Personal responsibility is a pure fiction in a deterministic universe. Everything that will ever happen was decided at the time of the Big Bang. We just don't have the instruments to predict everything yet.

      There's no counter proof to this assertion. For a simple example, we can create a quantum system that can, when observed, collapse into one of two states. But we can't predict which of those two states that the system will collapse into. Even if a human were completely deterministic, all they have to do is use one of these systems to inject unpredictable randomness into their decision making.

      In other words, you don't need to predict the behavior of a human being, you need to predict the behavior of this two state system. If you can't do that, then the assertion is fundamentally in error.

    19. Re:Where's the... by Idiomatick · · Score: 1

      Criminal sentences are NOT about revenge. Or at least they aren't supposed to be in theory. They are about:
      Rehabilitation - Attempting to train/teach the criminal the error in his thinking enabling him/her to avoid it in the future. Allowing him/her to return to be a productive member of society safely.
      Deterrence - Sort of a preemptive rehabilitation, it is a punishment to deter criminals from doing it or from repeating it.
      Separation - Often hard prison time is advocated over weekends or probation. This is to keep the criminal separated from 2 things. 1 - society, the con could be a danger to people around him and it makes sense to keep him/her in prison until that has been determined. 2 - all his/her friends. Getting away from bad influences is essential while learning what you did wrong.

      If you look at the reasoning behind the justice system there is no reason to give this man a lessened sentence. So why?
      Often in the justice system they have forgotten their directive and do things that seem natural rather than try to work towards a directive. This is often easier to illustrate in the school system. There are many times where you are learning something because you will need it for a higher grade but the whole arc is self serving and will never leave the classroom. This is because they have forgotten to keep the goal in sight. Dropped the ball if you will. And the prison/justice system is no different.

    20. Re:Where's the... by fuzzyfuzzyfungus · · Score: 2, Informative

      However, there is no more room for "personal responsibility" in a random universe.

      A fair die has a 1/6 chance of producing each of its possible outcomes(a fair D6, that is). A loaded die might have a 100% chance of producing a 6 and no chance of any of the others. One of these is random, one is deterministic, neither is free.

      Aside from the fact that it is intuitively powerful, it is actually pretty hard to figure out what it would mean for something to have "free will". Imagine a die that can "chose" which face will come up. Ok, what causes it to chose one face rather than another? Is this an uncaused cause? If so, WTF? If not, then it isn't really free, is it?

    21. Re:Where's the... by Chris+Mattern · · Score: 1

      Is personal responsibility compatible with atheism?

      Is personal responsibility compatible with religion? If everything is controlled by an omnipotent, omniscient Being, then where does personal responsibility come into play? Everything happens according to God's plan. How do we blame a person for following Someone else's plan?

    22. Re:Where's the... by Anonymous Coward · · Score: 0

      You're talking as if we can somehow choose not to give lifelong prison sentences to criminals. That is crazy talk, man. There was never any choice about it.

    23. Re:Where's the... by lymond01 · · Score: 1

      If we are nothing more than a chemical being, then where does personal responsibility come into play?

      Free Will gene. Nestled between the Must Have Sex gene and the Must Listen to Wife gene. It's all there in the genome if you just take the time to look.

    24. Re:Where's the... by Runaway1956 · · Score: 1

      I'm certain the judge has the gene for rectal-cranial insertion. There is a simple test for that defect, of course. Just read what a person writes. Is soon becomes obvious whether he has his head up his ass or not. In itself, the rectal-cranial insertion isn't a real problem, unless the victim has an exceedingly large skull, or an especially small orifice. The real problem, of course, is the resulting oxygen deprivation to the brain.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    25. Re:Where's the... by Chris+Mattern · · Score: 3, Informative

      Personal responsibility is a pure fiction in a deterministic universe.

      Good thing we don't live in one, then.

      Everything that will ever happen was decided at the time of the Big Bang.
      We just don't have the instruments to predict everything yet.

      Nope. It is impossible, even at the most basic theoretical level, to predict everything. Basic physics theory shows that it is impossible to even just measure everything to an arbitrary degree of precision regardless of what instrumentation you may have. Go back and read your Heisenberg.

    26. Re:Where's the... by Anonymous Coward · · Score: 1, Insightful

      Is personal responsibility compatible with atheism? Before you break out the troll mods, I ask this in seriousness. If we are nothing more than a chemical being, then where does personal responsibility come into play?

      That is a question of determinism vs. predictability. There's no experiment you can perform that will prove the universe is determined. All you can ever prove is that the universe is predictable and predictability is not incompatible with free will. There are economic laws, such as "good money drives out bad money" which are not determined but rather arise from rational individuals behaving predictably.

    27. Re:Where's the... by ardyer · · Score: 2, Informative

      Criminal sentences are NOT about revenge. Or at least they aren't supposed to be in theory.

      Actually...there are many theories as to the purpose of criminal sentences and laws. We spent the first half of my Criminal Law class my 1L year in Law School discussing them. And revenge is most definitely a theory beyhind criminal law. It may be a bit out-dated, but it is there and there are many people who subsribe to it.

    28. Re:Where's the... by Inverted+Intellect · · Score: 1

      I suspect that what you're really asking is whether personal responsibility is compatible with materialism.

      It can be, as a social construct it is a partly successful strategy for keeping people to whatever set of values is most pronounced in a society.

      But since in materialism there is always a chain of cause and effect which can conceivably be understood and then systematically changed for better outcomes, materialists (and thus most atheists due to overlap) tend to look towards what has been shown to work in changing behavior rather than the universal approach of simply metering out punishment.

    29. Re:Where's the... by hannson · · Score: 4, Insightful

      How about extending the sentence? Given his gene pool he's likely to kill again. See, this door opens both ways.

    30. Re:Where's the... by nycguy · · Score: 1

      Yes, atheism and personal responsibility are compatible. First off, atheism does not equal determinism. Even if it does, and a person is just a complex biochemical machine, society still benefits from having consequences for actions that are considered undesirable. For most people, those consequences (along with other biological impulses, such as a sense of fairness) lead them to behavior that is not directly harmful to others. For those people for whom the consequence be damned (i.e., for criminals), removal from mainstream society is the current best practice. "Blame" is irrelevant. Criminals are simply defective people who need to be warehoused until their impulses subside with age or the consequences of their actions become apparent enough to overcome their inability (or reluctance) to heed those consequences.

    31. Re:Where's the... by khallow · · Score: 1

      Why wouldn't it be? Are you claiming that chemical beings have an obligation to be less responsible than spiritual beings?

    32. Re:Where's the... by causality · · Score: 4, Insightful

      And before someone else points it out, yes I meant "keeping society safe from criminals". First cup of coffee, yadda yadda.

      If this really is genetic, wouldn't that be an argument for the death penalty as a method of selecting against that gene? Seems to me that giving such a light sentence is counterproductive here, if in fact it is genetic.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    33. Re:Where's the... by adonoman · · Score: 1

      crime was predestined, this subsequent capture was predestined, the judge was predestined to set that particular sentence too, and everything about the whole world is basically pointless.

      There's plenty of theists out there who are apparently willing to believe this. They would probably disagree on the pointless bit (but only to insist that it's not up to us to try and figure out the point of everything), but otherwise you've essentially just described Calvinism. The debate between free will and predestination has gone on for a very long time, in both secular and religious circles, but I agree with your solution - just assume free will exists - if it doesn't, then there's nothing you could have done about how things turn out (including whether or not to believe in free will).

    34. Re:Where's the... by redneckHippe · · Score: 1, Informative

      Doesn't that make the punitive aspects of the prison system (which have not been demonstrated to serve any rehabilitative goal) unconscionable?

      Yes

      --
      It'll quit hurtin' once the pain stops.
    35. Re:Where's the... by gandhi_2 · · Score: 1

      Actually, murder rates plummet after a population is killed.

    36. Re:Where's the... by MyLongNickName · · Score: 1

      First off, atheism does not equal determinism.

      How can atheism NOT equal determinism? What enters into the equation to allow free will?

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    37. Re:Where's the... by SomeKDEUser · · Score: 4, Insightful

      I hold similar beliefs, and to me, the punitive aspects of prison should only be as required to a) be a deterrence, b) serve as a lesson (as in you have to feel punished so you understand what you did is bad) and c) symbolically represent atonement to society. the latter part is really necessary because then the criminal can feel they deserved their punishment and got better from it, but also have the society consider someone who has finished his sentence as a new person.

      Unfortunately, too many people feel that legal punishment is a means to avenge the victim. This is cruel, wasteful and essentially inefficient. Demand punishments as light as possible to deter: this will empty prisons, be less costly, and make for a more balanced society.

    38. Re:Where's the... by debrain · · Score: 5, Interesting

      Yes. I hold both these beliefs. The justice system is not about blame, it's about keeping criminals safe from society and (in my mind) rehabilitating them.

      The U.S. justice system is founded on the monastery model of repentance. See: Michael Foucault, "Discipline & Punish". The modern-day U.S. prison system is an industrial model that seeks taxpayer rent in exchange for effectively perpetual incarceration for anything that may be classified in the public's eyes as a crime. (See: Ann Krueger's paper on "rent seeking").

      You would be very hard pressed to find anyone conscious of what the system is who would describe the prison system as something that in any way rehabilitates. In the criminal justice industry (lawyers, police, judges, etc.) often it's called "criminal college": where one learns the trade and networks. The prison system stigmatizes and ostracizes - it makes travel, finding a job, getting education all more difficult; it has no benefit for prisoners (in my opinion, and according to the three federal court judges I've asked this very question of). It also has questionable benefit or society - but that's a bigger question.

      You would never blame a computer for a programmer's error, but you would try to fix the bugs, and if there was a dangerous bug you couldn't fix you wouldn't use that computer.

      I agree. The prison system necessarily presumes culpability - i.e. that the criminal act was conducted of one's own free will. If it were otherwise the prison system would simply be segregation of those whose relationship with society is unacceptable because of factors they are unable to change - their genetics and/or environment, and our prison system would be analogous to apartheid.

      There is some persuasive evidence that many crimes including aggression, theft, and abuse can all be linked to neurological/physiological traits. Unfortunately, it appears the NIH has little motivation to study neurological conditions giving rise to choice, as a result of their choice of head.

      Alas, the barbaric industrial prison complex will continue. But make no mistake, it's barbaric.
       

    39. Re:Where's the... by the_humeister · · Score: 2, Insightful

      There's always quantum mechanics to throw a wrench in there.

    40. Re:Where's the... by penguin_dance · · Score: 1

      If this is even true...shouldn't the fact that this guy has a predisposition toward violence merit MORE time, not less? If anything it would show he's more unstable and a future danger to society.

      --
      If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
    41. Re:Where's the... by khallow · · Score: 2, Interesting

      Doesn't that make the punitive aspects of the prison system (which have not been demonstrated to serve any rehabilitative goal) unconscionable?

      Well, he said "keep criminals safe from society". As part of that, keeping criminals safe from revenge should be included. The punitive aspects of prison discourage retribution, especially if the avenger would also be subject to the same punishments as the criminal. I would argue that this aspect is very successful even in relatively violent cultures like those in the US. The criminal "pays his dues" and hence, sates the victims' desire for vengeance.

    42. Re:Where's the... by jellomizer · · Score: 1

      Who cares about Personal responsibility. I think our justice system has completely forgotten why we lock people up.

      We lock people up because they are a danger to society.

      Having a genetic disposition should make sure that they have a longer sentence not a shorter one. Why because the person has a genetic trait that makes him dangerous. Now we cross the line if we start putting people in jail or on extra suspicion if they have that gene. But if the person is committed a crime. Saying I am genetically more prone to bad behavior isn't a good defense for less time in jail. It should actually prove that you are a danger to society and need to spend more time in jail. As you are considered more dangerous.

      Now while the person is protected from society in jail. We need to see what we can do to get them to be productive member once he gets out. If they have a gene that makes them more predisposed then they will need to put more time to make sure that he can control the predisposition.

      --
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    43. Re:Where's the... by adonoman · · Score: 1

      I think the GP's point is that without some sort of external "meaning", who the hell cares if we all kill each other off, or go completely extinct for that matter. Suffering is just a chemical process - yes we've evolved reactions in the form of empathy and desire for "justice", but what is justice other than trying to re-balance a perceived order in what it really just a temporary bubble of low-entropy. If you believe in a god, then you have some sort of reason why life is something to value - Jesus, Allah, or the FSM said so. Otherwise you're just relying on emotions that evolved to keep life alive, and falling into circular reasoning.

    44. Re:Where's the... by Austerity+Empowers · · Score: 1

      Atheism does not imply predestination. You can elect not to believe in magical men in the sky, but believe you are in control of your own actions.

      Either way, it's not about blame. If you release a killer automaton into society, and you know he's pre-programmed to maim and kill, isn't in your best interest to take him out of society? It's the Windows Me scenario: Remove and destroy the harmful program before it hurts again. Whether he's possessed of a despicable character flaw where he just enjoys killing, or whether he's programmed to do it and helpless to stop himself, the result ought to be the same: get him out of society. I don't know the science behind the "aggression gene", but if anything it should have increased his sentence, not decreased it.

    45. Re:Where's the... by Trails · · Score: 1

      "This person has a high inclination towards violence. He'll flip out and kill someone at the drop of a hat!"
      "Indeed? Well, then, what's this person doing in a cage? He should be out on the street, amongst children and the elderly!! Release him, post haste!!"

    46. Re:Where's the... by khallow · · Score: 1

      Congratulations! You've shown that a die, loaded or not, doesn't have free will in any sense that we'd recognize. So what?

    47. Re:Where's the... by quickOnTheUptake · · Score: 3, Interesting

      Nobody controls their behavior any more than animals.

      This is inconsistent with my experience of guilt (which, I would add, is very different from my experience of fear of retribution and punishment).
      To anyone who might get angry at me for asserting this, ask whether your anger at me is consistent with your belief that I had no control over typing it.

      --
      Mod points: Guaranteed to remove your sense of humor.
      Side effects may include gullibility and temporary retardation
    48. Re:Where's the... by greyhueofdoubt · · Score: 2, Informative

      You should read up on Kant's categorical imperative. I am an atheist and it is the closest thing to a written rationale for a universal morality that I can find. Here's a link:

      http://en.wikipedia.org/wiki/Categorical_imperative

      The summary, from the wiki page:

      "Act only according to that maxim whereby you can at the same time will that it should become a universal law."

      -b

      --
      No offense, but I've stopped responding to AC's.
    49. Re:Where's the... by khallow · · Score: 1

      Ugh, I mean "There's a counter proof to this assertion."

    50. Re:Where's the... by OldSoldier · · Score: 1

      Let's take it all the way in the other direction. Suppose this person had a very communicable disease that was also very deadly, and for strange reasons he was first convicted of murder before doctors discovered that he in fact had this disease. Would you release him from prison?

      Answer... yes and no. I'd release him from prison but still keep him away from the general population (think quarantine) and/or cure him from this disease.

      So here... Italy is releasing him early but not doing anything else to either protect the rest of the population from him or cure him of the side effects of this aggression gene.

      Prison may very well be the wrong place, but completely free is also the wrong place. They keep criminally insane people in a mental hospital don't they? What about this guy?

    51. Re:Where's the... by strong_epoxy · · Score: 2, Insightful

      Wouldn't the 'Justice System' be about justice? It doesn't have anything to do with blame, safety, or rehab...

    52. Re:Where's the... by ceoyoyo · · Score: 1

      A belief in free will, or something that is to all practical intents free will, is not dependent on belief in magical beings.

      In fact, the magic being angle can be just as easily used to support the opposite point of view. Note the famous phrase "it is God's will."

    53. Re:Where's the... by slim · · Score: 1

      Hypothetically:
      "This person has a previously undetected high inclination towards violence. He always regrets his violent behaviour after the fact. He has now received counselling about how to control his temper, and is no longer considered a threat to society".

      (Another "fix" might be medication. Or lobotomy if we want to get 1930s on his ass.)

    54. Re:Where's the... by ceoyoyo · · Score: 5, Insightful

      Agreed. Anyone who mounts a "my genes made me do it" defence should realize that their genes are, for now, immutable and so they are effectively claiming that they cannot be successfully rehabilitated and must be monitored or otherwise controlled for the rest of their lives.

    55. Re:Where's the... by anagama · · Score: 1

      Death penalty would be rational in such a case. Listen to the second segment of the Radiolab episode new normal. Apparently, long standing peaceful cultural change in a baboon troop is possible when the alpha males die out suddenly. The third story about selective breeding in foxes to make them "nice" (only ten generations required) is also quite interesting. The clear implication is that the world could be changed to a much better place if all leaders/politicians/sociopaths etc were killed off right at once.

      --
      What changed under Obama? Nothing Good
    56. Re:Where's the... by thisnamestoolong · · Score: 1

      Why do we need silly childhood fantasies and invisible sky wizards to give us meaning in life? Your circular logic argument is also bafflingly absurd -- relying on evolved features is circular logic because these features evolved? Your argument is entirely meaningless, not even to mention the fact that almost all religion is really based on nothing more than circular logic:

      "Why do you believe in the Bible?"

      "Because it is the word of God."

      "How do you know it is the word of God?"

      "Easy, it says so in the Bible!"

      None of these is even to mention that the emotional impact of any given fact has no influence whatsoever on its truth value -- it would certainly give me a great deal of hope to believe that I have a diamond the size of a basketball buried in my backyard, but it would still be based on nothing!

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    57. Re:Where's the... by thePowerOfGrayskull · · Score: 3, Insightful

      Nobody controls their behavior any more than animals. In order to fit in we have to behave as though we want to fit in, it's simple feedback.

      In other words, in order fit in we control our behavior so that we fit in?

    58. Re:Where's the... by slim · · Score: 1

      Wouldn't the 'Justice System' be about justice? It doesn't have anything to do with blame, safety, or rehab...

      "Justice" is about reaching a "just" conclusion.

      Some would believe that the "just" result is to blame someone and punish them.
      Some would believe that the "just" result is to regret the incident, and prevent it from happening again (with no regard for the culprit's wellbeing)
      Some would believe that the "just" result is to regret the incident, prevent it from happening again, while eventually returning the culprit to society as a rehabilitated citizen.

      The reason pretty much anyone can look at some legal decision or other and decide that it's crazy, is that individual opinions on what's just, vary wildly.

    59. Re:Where's the... by oracleofbargth · · Score: 1

      Is personal responsibility compatible with atheism?

      The concept of 'Ethical Hedonism' discusses exactly this point. A quick synopsis boils down to this: lacking any other reason to act ethically, it's easier to get people to do what you want them to do, or to give you what you want to get from them, if you're nice to them and suit your own behavior to match their ethics, even if you do not personally agree with those ethics.

      Richard Garriot, of Ultima fame, who uses 'Ethical Hedonism' as his personal motto, wrote an essay about his understanding of the concept: http://www.ianstorm.com/screens/Worlds/UO/npcbooks/ethic.html

    60. Re:Where's the... by causality · · Score: 1

      leaders/politicians/sociopaths

      Man, why repeat yourself like that?

      Reminds me of a quote that I wish I could attribute: "the human race divides politically into those who want people to be controlled and those who don't."

      --
      It is a miracle that curiosity survives formal education. - Einstein
    61. Re:Where's the... by m.ducharme · · Score: 1

      Hate to break it to you but...we aren't any different from animals.

      We are animals.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    62. Re:Where's the... by spitzig · · Score: 1

      Lack of free will doesn't make everything pointless. What's the difference between "free will" and "no free will and an ILLUSION of free will"? If I were a deity, maybe I could tell the difference. Unfortunately, I'm not. For the rest of you mortals, maybe it's fortunate, though. ;)

      I certainly don't have the other option-"no free will and NO illusion of free will". That would require me to be one of the aforementioned deities.

      I guess a truth table would allow a fourth option-"free will and no illusion of free will". I don't know what that would mean. Maybe we have free will and have no false illusions about it? Maybe it would mean we know that we have free will?

    63. Re:Where's the... by kdemetter · · Score: 1

      No you won't , because you are not in control of your actions.

    64. Re:Where's the... by m.ducharme · · Score: 0, Offtopic

      What makes you think no other animals fear retribution or punishment? Ever train a dog? What makes you think other primates don't feel guilt?

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    65. Re:Where's the... by Anonymous Coward · · Score: 0

      I suspect that the judge likened it to how people with disabilities are treated differently at sentencing. For instance, a person who is legally insane but commits murder is not personally culpable because their insanity prevented them from exercising their free will. If this persons genes prevented him from knowing what he was doing, or in some way diminished his capacity to stop himself from committing the violent act...

      I'm not saying what the judge did was right, but this may be the way he looked at it.

    66. Re:Where's the... by jameskojiro · · Score: 1

      We should only be jailing those who commit violent acts against others (murder, rape, assault), those who thieve from others need to have their wages garnished, or turn them into indentured servants until they have re-paid what they have stolen. The drug users should be let free but forced to pay for their own rehabilitation.

      When I mention jailing violent offenders, I mean we should lock them up in an environment where they can't hurt others like padded solitary cells (to prevent prison yard violence) and feed them Twinkies so if they get out they are a soft marshmallow instead of having a "prison build". Those who can be treated by chemicals, drugs, ect, should have it done and if they are show to no longer have violent tendencies they should be released on probation.

      Maybe in the future they can have Gene therapy to remove the problematic aggression genes. Also in Domestication studies some animals have been show to have high levels of Cortisone that are more "wild" than those with lower levels. I wonder if most violent criminals are just not "Domesticated" and maybe this research could be used to help violent offenders not be as violent anymore.

      --
      Tsukasa: All I really want, is to be left alone...
    67. Re:Where's the... by sjames · · Score: 1

      That's pretty much my view. If we regard someone as constitutionally incapable of obeying the law, we have an obligation to protect society from that person, but at the same time since we deny that their behaviour is purely their own free choice, we also have an obligation to treat that person well in their isolation.

      That is, to make their life as normal as possible given that they are not free to leave. Everything from choosing what's for dinner to getting a job telecommuting if possible.

    68. Re:Where's the... by SocratesJedi · · Score: 2, Insightful

      Yes. Revenge is no basis for a moral system of government.

    69. Re:Where's the... by m.ducharme · · Score: 2, Insightful

      This essentially reflects my belief. If a person has a genetic disposition to murder and acts on it, they shouldn't be "punished" for this, but may need to be isolated from society. Of course, if we can cure the physical ill (i.e. schizophrenia) then we should cure rather than isolate.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    70. Re:Where's the... by quickOnTheUptake · · Score: 1

      Arguably.
      knowing != causing.
      You may be able to predict what your friend will do in a given situation but it doesn't mean you made him do it, nor does it imply that he was less free in choosing that course.
      Of course in traditional Christian theology, God doesn't just predict (sees a cause and assumes the effect will follow) since this would fall back into the problem of determinism (if God foreknows by looking at causes, then if God knows what you will do with certainty, you must be determined to do it). Rather theologians (I believe it was Boethius that famously developed this explanation) use the notion of eternity as a constant present: God experiences and sees the past, present, and future as His present. Thus there is no knowing ahead of time, there is just knowing. So just as your knowing what your friend did last week doesn't take away the freedom of that choice, so neither does God's knowing what you will do tomorrow.
      At the end though, in all the difficulty of the discussion, the key is always the assertion that knowing is not the same as causing.

      --
      Mod points: Guaranteed to remove your sense of humor.
      Side effects may include gullibility and temporary retardation
    71. Re:Where's the... by Unordained · · Score: 1

      I meant "keeping society safe from criminals"

      That's a shame, I was briefly happy to see someone else realize that in the default scenario, without laws outlining proper procedures and punishments for various crimes, criminals aren't safe from society at all -- we'll mob them, tear them apart, even for small offenses. There are always more of us than criminals, we're the majority, we have the power; laws are always about protecting the minority from the majority, which would otherwise win by default. Criminals are safer in that they are told ahead of time what punishments to expect for their crimes -- unlike reaching your hand into the cookie jar only to discover that the punishment is death (sorry, no signs posted, too lazy) -- and we, their peers, restrict *ourselves* from doling out whatever punishment we feel is appropriate in the heat of the moment.

    72. Re:Where's the... by m.ducharme · · Score: 1

      This might be true if the defect is incurable or uncontrollable, but otherwise I think the death penalty comes at too high a cost to society.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    73. Re:Where's the... by Anonymous Coward · · Score: 0, Flamebait

      you're an idiot.

    74. Re:Where's the... by adonoman · · Score: 1

      I'm not saying that religion is any less absurd - believing in any given religion is really just filling in the same emotional drives that make us think that justice means anything. So yes we can "find meaning in life" by aiming for goals or trying to fulfill some religion or trying to do something great, but so what?

    75. Re:Where's the... by m.ducharme · · Score: 1

      Hahahaha right. Except that executing someone is irreversible, and the costs of maintaining an appeals system that protects against executing innocent people is exorbitant. It may be cheaper to simply commute all death penalties to life sentences, at least then we wouldn't have to pay for the numerous, complicated and multiple appeals. And we'd be guaranteed not to execute any innocent people.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    76. Re:Where's the... by tomhudson · · Score: 1

      And before someone else points it out, yes I meant "keeping society safe from criminals". First cup of coffee, yadda yadda.

      Goldman-Sachs and Timothy Geithner both called - they want you to know you had it right the first time.

    77. Re:Where's the... by Nadaka · · Score: 1

      Here is a better question... Is personal responsibility compatible with religion? Historically in many religions (christianity, islam, etc) all things were considered to be predetermined by the hand of god. It doesn't matter what you do, it was gods will. That belief continues today in many forms, though often modified. I meet and talk to these people every day, they probably represent the majority of the people I interacted with when I worked in retail (though its possible this is skewed by their evangelism causing them to seek out this expression for viral purposes).

      As an atheist I have to accept that every decision that I make is my own. I can not defer that responsibility to the will of god or magic spells. I can't just cast a magic spell (AKA pray) to solve a problem, I have to face it and work towards overcoming it myself. My genes and my environment shape who I am, but I can also shape that. I can decide to be different than the sum of my programming. I own my soul and can shape it as I see fit. I am a product of a dysfunctional home. I grew up with a level of ignorance, violence, fear, hatred and religious fervor that makes the taliban look tame in comparison. I choose to be the antithesis of that. I choose to have a thirst for knowledge. I choose to not hate. I choose to let go of fear (at least I try). I choose to reserve violence for defense. I choose to be better.

    78. Re:Where's the... by jayme0227 · · Score: 1

      I've often wanted to see someone using the "acting out God's will" defense in court.

      "Your honor, it was her time. She would have died regardless of whether or not I was driving drunk. God wanted her to die, and I was just His vessel."

      --
      But then I realized the cable was blue, so I only gave it one star. I hate blue.
    79. Re:Where's the... by jayme0227 · · Score: 1

      Honestly, because he has this gene and has proven that he can't control it, it makes me want to put him in prison for a longer term, not shorter. Why put a known "aggressive" person back on the street, when you know there is the possibility that he will be "aggressive" again and kill someone?

      --
      But then I realized the cable was blue, so I only gave it one star. I hate blue.
    80. Re:Where's the... by idontgno · · Score: 1

      Quantum uncertainty. Chaotic emergent systems. The GIFT theory.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    81. Re:Where's the... by MenThal · · Score: 1

      Except that quantum mechanics implies that we are not in a deterministic universe. Replay the same actions twice and you won't necessarily get the same outcome.

      I'd love to agree with you, and did cling to the hope of quantum mechanics finally setting ourselves free from determinism, but they haven't yet found any way that the quantum world spills over and adds an RNG to our brains.

    82. Re:Where's the... by Anonymous Coward · · Score: 0

      So just because *we* can't predict the outcome..with our current level of knowledge of theoretical quantum physics, it cannot be predicted at all? That's rich.

      We used to think it was impossible for us to be orbitting the Sun, too.

    83. Re:Where's the... by D+Ninja · · Score: 1

      I'm not sure what study you have given to election, but maybe I can give you a different way to think about it. (You don't have to agree of course, but I generally like various viewpoints on a subject.)

      God did give us free will. This is why the fall of man happened (AKA, Adam and Eve eating the apple in the Garden of Eden). As a result, we (humans) always make our own decisions, although we may be influenced by God (via our conscience, the study of the Bible, etc) or Satan (via...well...lots of bad stuff out there - though I do not subscribe to the idea that everything that is not "good" is inherently evil). But, at the end of our day, we make a decision, for better or for worse.

      Now (and this is where God's Will comes into play), God never intended for the world to be "fallen." In his creation, he did not intend for sin, sickness, disease, or whatever to enter the world. Because it did, though, he allows it. If he didn't, we wouldn't have free will. With this said, that does not mean that God won't use bad things towards his good purpose (see End of the Spear for a movie which demonstrates just this). Of course, this brings up the question - "Well, God can only respond to events. He sounds pretty impotent." This is where, as the Bible shows, God can exert his will however he wants - he just chooses not to (most of the time - miracles still happen. And I mean real miracles; not the image of Jesus on some toast).

      So, in this context, God can both allow free will, exert his will in bad situations, and, should he deem it necessary, overtly use his will.

      Hopefully that makes some sense. Again, I'm not looking to say that this is right, but this is some of what I learned in my own study of the topic because, as you just pointed out in your post, it can all be very confusing and I wanted to learn more.

    84. Re:Where's the... by natehoy · · Score: 1

      And I answer in seriousness that it's as compatible with Atheism as it is with Theism. If we are nothing more than the creations of an omnipotent and omnipresent God, then where does personal responsibility come into play? I am the raw creation I was built as, influenced by external factors beyond my control. I would never blame a computer for a programmer's error. How do we blame a person for the flaws that Almighty God created them with?

      It's simple - whether we are simple biological creations or skin stretched over an immortal soul, we as a species have compassion. No one can say for sure what source that compassion comes from, whether it's a biological advantage for survival of a species and therefore a result of evolution or whether we were imbued with it by an immortal being who created us. That compassion allows us to see that those around us are largely like ourselves, and in general desire to be treated much as we would treat ourselves.

      Whether innate compassion created the Golden Rule, or the other way around, is a "chicken and the egg" problem. No mortal has access to that information.

      What gets dangerous is when individuals or groups set aside that compassion or lack it entirely, because we are a very clever species at killing one another. When one group, be it a religion, a skin color, a political group, or even fans of a sporting team, sees another group as something below fully human, very evil results almost invariably follow. Differing or lack of religion is merely another "us and them" factor that can and sadly does result in interruptions in our awareness of other human beings as, well, human beings - flawed, mistake-prone people who are prone to self-delusion and self-centeredness. Just like us.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    85. Re:Where's the... by shiftless · · Score: 1

      answer... yes and no. I'd release him from prison but still keep him away from the general population (think quarantine) and/or cure him from this disease.

      So here... Italy is releasing him early but not doing anything else to either protect the rest of the population from him or cure him of the side effects of this aggression gene.

      Prison may very well be the wrong place, but completely free is also the wrong place. They keep criminally insane people in a mental hospital don't they? What about this guy?

      You've stumbled onto the answer but don't seem to have recognized it. The answer is ostracism. I'm sure there are indeed persons out there whose undesirable behavior (extreme aggression resulting in murder, etc) is explainable by genetics. Perhaps we don't yet have the necessary knowledge to identify who these individuals are with any certainty, but one day we will. As we gain more knowledge of how genes control behavior, I think genetic tendencies should indeed factor in to punishment for crime. Those who are judged to be incurable should simply be ostracized from society. Drop their asses off in the middle of the wilderness somewhere with a month's worth of supplies and let them fend for themselves. Put their DNA and other identifying information in a database and if they return, put them to death.

    86. Re:Where's the... by m.ducharme · · Score: 2, Insightful

      I think personal responsibility is a crutch that people lean on instead of facing up to the fact that our problems and questions have difficult and complicated solutions. It's far easier to put responsibility on individuals than it is to admit that there may be genetic or social infrastructures issues that encourage criminality in some people and discourage it in others. If we can say the criminal is solely at fault for his actions, then we never acknowledge our own responsibility for the problems that the criminal was trying to correct.

      The philosophical Free Will debate finally has a physical answer. Our actions are determined by our genetics, chemistry, upbringing, etc, and on back to the big bang, but the Uncertainty Principle guarantees that at some fundamental level, we can't deterministically predict the future. So the whole debate basically becomes meaningless.

      Free Will, per se, is an illusion. So is determinism, for that matter, because on a practical level we can't do anything with it. The reality is that we each have a will (and really, internally we may have several, competing wills), and it is more or less free to act depending on the wills of those who would act for or against our wills. Nietsche solved this one more than a hundred years ago. Heisenberg confirmed it.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    87. Re:Where's the... by Fnord · · Score: 1

      Calvinist faiths say that god predetermined all the people who would be saved or damned before creation. Other Christian doctrines say that what sets man apart from the angels is his ability to choose to follow him. So, I guess it depends on which religion.

    88. Re:Where's the... by quickOnTheUptake · · Score: 1

      What makes you think no other animals fear retribution or punishment?

      Never said they didn't. In fact I think they do, the point is that such fear is different from a sense of guilt.

      What makes you think other primates don't feel guilt?

      Let me be more particular: I don't mean the purely emotional sense of feeling bad that something happened that you accidentally helped bring about (which most people would agree is misplaced guilt), I mean the sensation that follows upon knowing you did something wrong or unjust.
      My point was that this second sort of guilt (the kind you ought to feel) is not the same as fear of retribution: I've felt guilty for things I already got away with, I've still felt guilty for things I'd already been punished for, and I've been afraid of punishment or retribution for things I felt no guilt for having done.
      This sense of guilt is entirely based on the perception of personal fault which is in turn based on the perception of free choice: I knew it was wrong and chose to do it anyway. It has no (direct) connection to fear of punishment, as the person I was replying to had suggested.
      As to whether other primates feel this sort of sensation, I would be interested to see evidence that they do. As it is I don't really know what goes through a monkey's mind when he steals a banana from another. The implication of the original post seemed to me to be that animals do not control their behavior in a free way, and neither do men. I was replying to what I perceived to be the conclusion of the argument that had been made. Feel free to challenge the other assumptions of that post if you like but it wasn't my point.

      --
      Mod points: Guaranteed to remove your sense of humor.
      Side effects may include gullibility and temporary retardation
    89. Re:Where's the... by TheRaven64 · · Score: 1

      I refer you to the chinese room thought experiment. There is no part of your brain that you can point at and say 'that part is where my ego resides'. Consciousness itself is an emergent property of complexity in nondeterministic systems. Arguing whether such a system is self-determining depends on where you judge the edges of the system to be and is no more interesting a question than whether a submarine can swim - the answer to the question is in your definition of the question.

      --
      I am TheRaven on Soylent News
    90. Re:Where's the... by tomhudson · · Score: 1

      If this persons genes prevented him from knowing what he was doing, or in some way diminished his capacity to stop himself from committing the violent act..

      Then by the same token, nobody should get punished for drunk driving, because they were too drunk to be in control of what they were doing.

      I don't buy it, in either case, solely on the basis of utility. Neither argument results in a more useful situation. Jail the drunk, and prolong, not shorten, the offender with the tendency for violence. The tendency indicates 2 things: (1) that he is at greater risk to re-offend, and as such, we must prolong the sentence to provide the same level of deterrence that others would get from a shorter sentence, and (2) again, that he is at greater risk to re-offend, we have more of a duty to prevent him from re-offending, both to protect society, and to protect him from himself.

      In other words, if you want to say "my genes made me do it", no problem - just don't expect to get off easier, Sunshine, 'cuz we ain't buyin' what y'uz sellin'.

    91. Re:Where's the... by khallow · · Score: 1

      His point is incorrect. Humans have memory. That makes them greatly different from dice.

    92. Re:Where's the... by scarboni888 · · Score: 1

      I liked it better the other way.

    93. Re:Where's the... by Anonymous Coward · · Score: 0

      Communication and symbolism are the only things we really have going for us.

      We have neat thumbs too.

    94. Re:Where's the... by scarboni888 · · Score: 1

      How about we start first with abolishing victimless crimes from the lawbooks before we get into anything serious.

      Going to jail for smoking a leaf makes a mockery of anything even remotely legal.

    95. Re:Where's the... by soulsteal · · Score: 2, Funny

      We can measure the speed or location of a murder but not both at the same time?

    96. Re:Where's the... by camperdave · · Score: 1

      "Act only according to that maxim whereby you can at the same time will that it should become a universal law."

      Maybe it's just me, but I'm having a hard time parsing that sentence. It seems like there are words missing.

      There is a maxim.
      I am only to act acording to that maxim.
      The maxim is that I am to simultaneously (X) and (will that "it" should become a universal law).

      Is "it" referring to X, or to the maxim?
      What is X?

      Would somebody please rephrase this?

      --
      When our name is on the back of your car, we're behind you all the way!
    97. Re:Where's the... by TeethWhitener · · Score: 1

      Personal responsibility is a pure fiction in a deterministic universe.

      Many philosophers would disagree with you. It may be elucidative to look into the literature on compatibilism. It takes the position that you seem to just sweep under the rug, namely that normative question of moral responsibility is independent of the metaphysical question of determinism vs. free will. Check out P.F. Strawson's paper "Freedom and Resentment."

      Also, there's been a lot of talk here about how a quantum mechanical universe isn't deterministic. I just want to go ahead and set the record straight: given a set of initial conditions (boundary conditions + initial wavefunction), the Schrodinger equation (or Dirac or any other variation you like) will evolve the wavefunction in time exactly the same way every time you use it. Quantum mechanics is completely deterministic with respect to the behavior of the wavefunction. Just because the square modulus of the wavefunction represents a probability density doesn't mean determinism doesn't hold. Determinism is a statement about causality, not predictability. Simply because we don't know exactly where a particle is at any given moment doesn't mean its influence isn't dictated by its exact position.

    98. Re:Where's the... by slim · · Score: 1

      How can atheism NOT equal determinism? What enters into the equation to allow free will?

      How is theism any different. Einstein said "God does not play dice". I think that's as valid a statement whether you think of God as a real entity or as an atheist's metaphor for nature.

      You can argue for or against determinism, from both theist and atheist perspectives.

      Quantum uncertainty says that God does play dice.
      Chaos theory says that even if God doesn't play dice, it's so difficult to determine the future given your observation of the present, He might as well be.

    99. Re:Where's the... by Anonymous Coward · · Score: 0

      Sometimes I see a post like yours. And the content truly interests me, but I know little on the subject. And at times such as those, I wish more people would actively debate with you so more info can come to light. Sadly, all they do is mod you up and forget about you.

      Bad Slashdot, bad!

      CvroyovXO

    100. Re:Where's the... by Anonymous Coward · · Score: 0

      According to mainstream Christian Theism, at least...

      No, because we are "made in God's image", we can infer things about him and how he feels about his creations from our own creative nature. God's an AI hacker on a grand scale -- if we had no free will, we'd be nothing but relatively boring scripts, not a successful AI program.

      And while God _does_ allegedly intervene in the world sometimes -- we call these "miracles" -- he limits most of his involvement to just keeping the system running. Again, this surely makes sense to any hacker.

      (Oh, and for randomness's sake, think about Tron. Flynn=God, Flynn-in-the-computer=Jesus.)

    101. Re:Where's the... by Anonymous Coward · · Score: 0

      Jesus christ. People like you are how dystopias get started. I hope you die before you exert much influence.

    102. Re:Where's the... by slim · · Score: 1

      So just because *we* can't predict the outcome..with our current level of knowledge of theoretical quantum physics, it cannot be predicted at all? That's rich

      It's more than that. Current, mature, well accepted theories state that you can't measure both the position and the velocity of an electron. Not because our tools aren't good enough but because it fundamentally doesn't have both at the same time.

      Real tangible things rely on this behaviour. Such as your computer's CPU.

    103. Re:Where's the... by Anonymous Coward · · Score: 1, Insightful

      Speak for youself. I control myself all the time in what I eat, when I sleep, what I spend money on, and what I do with my time. Another thing I control myself on is how I treat other people. The level of control varies depending on some physiological and chemical factors (sleep, amount of coffee), but I manage to keep myself from head-butting other people pretty much all the time.

      Calling all of this a simple effort to fit in is very facile, very vague and very wrong. The proof, or the closest I can come to proof on this soft-science question at the moment, is alcoholics: many of them kick the habit and stay off drink, despite the strong internal need for more of it. If an alkie saying 'no' to booze isn't self control, I don't know what is.

    104. Re:Where's the... by Anonymous Coward · · Score: 0

      I'm not sure that making my choices random helps in the free will department. It just makes them stupid.

    105. Re:Where's the... by Anonymous Coward · · Score: 0

      I'm sorry, but if this guys "genes made him do it" then he's likely to do it again. The logical thing for society to do would be to either A) keep him locked up longer/indefinitely (it was murder after all) or B) send him to old sparky.

      If his genes are to blame for his taking of an innocent life, how can society be so "sensitive" as to let those genes survive and perhaps be passed on.

      Disclaimer: I only feel this way regarding violence, and sex crime are violent crimes. Gene induced kleptomania is an acceptable risk for society to bear. Gene induced murder is not.

    106. Re:Where's the... by david_thornley · · Score: 1

      Is personal responsibility compatible with theism? If I'm just as God made me, then it seems to me that God wanted me to be what I am. If God made me so I had a propensity to violence and no ability to control it, then what right do men and women have to judge me?

      It really doesn't matter if you consider me a creation of God, a bag of chemicals formed by randomness and natural selection, or both, or for that matter something formed out of the FSM's sauce. Either I get a free pass because of what I inherently am, or I get assigned some sort of responsibility for my actions.

      Now most religions do combine a belief in personal responsibility with a belief in God, but that's not inherently so. Predestination has a long history on Protestant Christian theology, for example. Scientific explanations do not get into personal responsibility, because that's not the sort of thing we can objectively observe. There is scientific evidence that people can change their behavior, at least to some extent, when held responsible for it, and that's the closest you'll be able to get.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    107. Re:Where's the... by Hurricane78 · · Score: 1

      Where do you live? It the 60s??

      1. We ARE animals! Also: There is NO on/off step for "animal"/"human". Your view is outdated for at least a century now!

      2. There is no such thing as responsibility or guilt (in what you mean with that). There is a cause. Obviously. But assigning any further properties to that, is plain ignorance of physical reality. Nobody in modern science can believe in these concepts with a straight face anymore. Because of the obvious rules of cause and effect:

      These is how someone happens to do what he does:
      A) He thinks from the deepest depths of his heart, that this is right and good, and morally the absolute best thing he can do.
            I) That view is based on basic genetic imprints.
            II) The view is based on learned experiences. This includes an unusual life, or schizophrenia.
      B) He does not think it is OK, but he is forced by the situation to do it anyway. (Stealing to survive is such a situation.)

      The basic rule is, that no human on this planet does something voluntary, that he thinks is wrong.

      An important basis for this is, that there is no absolute right and wrong. None. Zero. Nada.
      Whatever helps the biomass to expand/reproduce best, is right. As this naturally creates conflicts, it creates conflicting rights and wrongs. But 1. because we are social beings, we often thrive for a win-win situation, and 2. beta humans consciously and unconsciously step back and leave alpha males in power. (Don't dare imposing any absolute "this is good" and "that is bad" views on those behaviors. Beta in this concepts is NOT related to "worse"! It's just a different strategy for people with different values.)

      So if everyone does what he does, because he thinks it was the right thing, or because he was forced to, that leaves two results:
      A') Conflicting views. And as there is no absolute right and wrong, it is not possible to define who is "right". Everybody is right, according to himself. So it is resolved by the law of the jungle: The stronger one/group, tries to impose his views. As I said: Natural biomass, fighting for resources.
      B') The things that forced him to do what he did, are the real ones who "deserve to be punished". The problem is, that those chains often go back for generations, trough big wars, trough the reasons those wars happened, until either the beginning of all times, or to a A' situation.

      What I told you now, is all modern knowledge on this topic. Study psychology and the recent scientific material behind justice, and you will get to the same statements.

      So what can we do?
      First of all, we can ask ourselves: What is best for our expansion/reproduction? And what is best for humanity as a whole.

      And to me, there are two simple ways to improve the best of all of us:
      A'') In case of disagreeing views, separate the groups. E.g. into different countries. And let them thrive happily with their own rules. The groups may be very different. But as long as they don't gave to fight for resources too much, or as long as the number of topics on which they agree is not too small, all can grow and live happily.
      B'') Free people from the situations that forced them to do things against their will. And cut the endless chain.

      An example for both A' and B' is, how for example a child is killing someone who did something that was horribly evil and honestly deserved this reaction in his eyes, because its parents were created a world which made the child associated those actions to that reaction, because they passed on what others were forced to do to survive in the great war, because of the desperate situation that drove people into that pointless war, because of black death destroying communities, economy and creating famines, because of some random mutation 200 years earlier. Who do you punish for that? Hm?

      See how primitive your statement sounds now? No offense, because I once thought exactly like you! Luckily, I found this out.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    108. Re:Where's the... by MyLongNickName · · Score: 1

      if you think quantum uncertainty = free will, then you need to study up on it a bit more.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    109. Re:Where's the... by anagama · · Score: 1

      We're talking about entirely different things. The death penalty as applied in the US is flawed, obviously. I was talking about how to create a fundamental shift in culture to one that is more peaceful. The paradox is that it would require destruction of all the Alphas all at once -- but who but the Alphas would do such a thing? Essentially, we have war not because most people are evil -- we have them because most leaders are evil. All of them. Obama too -- he continues the wars in the middle east and is thus personally and directly responsible for death, peace prize be damned. Anyway, listen to the episode I linked to above. It's a very good science information show.

      --
      What changed under Obama? Nothing Good
    110. Re:Where's the... by camperdave · · Score: 1

      "Would somebody please rephrase this?"

      Sorry. I Kant.

      --
      When our name is on the back of your car, we're behind you all the way!
    111. Re:Where's the... by tomhudson · · Score: 1

      How can atheism NOT equal determinism? What enters into the equation to allow free will?

      Watch it - you're positing that only some sort of God can somehow "create" free will.

      Atheism doesn't require creation of anything by any god. It's sufficient to simply decree that free will exists because we're free to choose to say it exists. (now how's that for a self-referential axiomatic proof that actually makes sense :-)

    112. Re:Where's the... by Chris+Mattern · · Score: 1

      You're trying to draw dividing lines without the evidence you need to do so. You claim that subatomic uncertainty has no bearing on our free will or lack of it, but the operation of the brain is very poorly understood; you can not justify that statement.

    113. Re:Where's the... by Anonymous Coward · · Score: 0

      Sure! Just because someone had "No control" over doing something doesn't mean they shouldn't be punished for doing it. No one really has any control of anything really, we're just along for the ride. Whether the scoop of consciousness that is the you that is watching you (bah language sucks) was instead the you that was watching some killer, the same actions will take place. You're just watching a different life, so connected with it that you feel in control.

      While an individual has no control over something, without there being consequences for it, it would still happen more. The circuitry in the brain still works, and it still knows to avoid bad things (consequences). We're not punishing the actual consciousness behind the automaton (person), but the automaton itself.

    114. Re:Where's the... by Anonymous Coward · · Score: 0

      Why stop there, then? Why not ensure the gene is stamped out by also putting any children the criminal has already had to death? How about siblings and parents?

      Slippery slope, yes, but I'm just trying to point out that the eugenics point of view probably isn't the best line of reasoning.

    115. Re:Where's the... by Anonymous Coward · · Score: 0

      I have difficulty seeing how personal responsibility is any more a reality in a random or probabilistic universe than in a deterministic one. Definitely a Pyrrhic victory either way if you win this argument.

    116. Re:Where's the... by taude · · Score: 1

      Communication and symbolism are the only things we really have going for us.

      And dancing. There are no animals that can dance to a beat.

    117. Re:Where's the... by Gerafix · · Score: 1

      What does not believing in a god have anything to do with morality? More importantly, what does believing in a god have to do with morality? People were moral long before people created the god hypothesis. Just because we're made up of molecules and are a result of evolution doesn't mean that we can't be moral. False dichotomies and fallacious presuppositions are not evidence to support that theism is any more moral than atheism. That's like saying since I believe in Santa Claus I'm more moral than somebody who doesn't because I know that if I'm good I'll get presents. Patently ridiculous! Also, should it matter if you shot somebody in the face when you were drunk, or sober? It should matter that you shot somebody in the face.

    118. Re:Where's the... by realityimpaired · · Score: 1

      Personal accountability and responsibility disappeared when "temporary insanity" became acceptable as a defense...

      If I were the judge, I would have given him an extended sentence over it... after all, he did just try to argue that he's genetically predisposed to violence, doesn't that also mean he's genetically predisposed to a repeat occurrence of said violence?

    119. Re:Where's the... by Anonymous Coward · · Score: 0

      We know that areas where lead poisoning is an issue we find higher crime rates... Clean up the lead and the crime rate goes down. This correlation between lead and anti social behavior has been noted since the days of the romans... Some people lack the compulsion controls that 'normal' people have. Some people hear voices... Some people have no ability to feel empathy for others... Brain tumors can cause people to have hyper sexuality or impair judgment. Humans are not completely culpable for their actions.

      man is just another animal.. sometimes better... more often worse than the others.

      You may wish to ponder why we punish people to begin with and get a better grasp of this.

    120. Re:Where's the... by insertwackynamehere · · Score: 1

      Frankly, the idea that genetics is used to profile everyone in some sort of twisted future dystopia of "peace" and "freedom" is a lot scarier than the just sentencing people to life in prison or the death penalty if they fuck up and kill someone. I'd rather leave genetics and predisposition out of it and just treat people as they deserve for acts that they have committed rather than figure out what percentage there is that someone will do something.

      Rehabilitation is not exactly furthered as an idea when you take the side of "genetics defines everything, the end", anyway. I feel like this thread is going to be filled with people talking out of their ass about rehabilitating victims of circumstance, ignoring the effects on the actual victims and then painting a beautiful portrait of a Minority Report-like future in complete contradiction to whatever they think they are talking about.

    121. Re:Where's the... by Anonymous Coward · · Score: 0

      Yes, but the nondeterminism of quantum mechanics is not something we have control over. E.g., I can't will a neutron to decay or will a wave function to collapse to a certain eigenvector when a measurement is made. I realize that you were just pointing out that the universe is nondeterministic, and not necessarily implying that that is a basis for free will, so this next remark is not aimed at you: I can't stand it when the nondeterminism entailed by quantum mechanics is held up as evidence of free will. To the extent that free will is treated as some kind of freedom of the human brain from the laws of physics, it is an illusion; if we come up with a more serviceable definition, then that's another matter.

    122. Re:Where's the... by insertwackynamehere · · Score: 1, Troll

      No, genetics needs to stay out of law and courts and people need to be punished for things that they do. It is hilariously disgusting to watch wannabe atheists trivializing existence because they don't believe in a god. Nothing wrong with being atheist but this blatant disregard for the reality of the human situation is sickening and you can spew shit from your mouth all day about how we are only chemical computers but both you and I know that our existence is true (whatever that implies) and our feelings and central nervous system exist and that for whatever reason we are important and relevant even if not universally.

      We need to continue to see ourselves as living, conscious creatures. Trivializing our existence into firing neurons and randomness doesn't lead us anywhere and when a person is looked at on his genetic level it is like missing a forest for the trees. It is thinly veiled eugenics and just as worthless and serves no purpose in a court of law. We need to see people as people (the whole package) and no matter how much science helps us understand ourselves in a scientific way, we should not change our perceptions of existence. Science isn't trying to explain away existence it is trying to explain how it works. Taking it out of context to act like we are all irrelevant because we are defined by genetics is so incredibly ignorant and sophomoric it is sad.

    123. Re:Where's the... by Anonymous Coward · · Score: 0

      The justice system about keeping individuals and society safe from criminal behavior. This may encompass "keeping criminals safe from society and ... rehabilitating them," depending on how justice is meted out.

      I am not sure if your computer analogy is useful but I'll try to expand upon it as best as I can. While I would never blame a computer for a programming error, I would discard defective software or hardware for better performing, more suitable software that fits my needs. How do I define defective? Well, personally this is something that takes X amount of knowledge, Y amount of time, and Z amount of dollars that I am not willing to spend. In this I guess I'm like the justice system, in that I seeks to define feasible forms of rehabilitation. In social issues, ethics comes into play. (If I could change a person using some technology and in doing so fundamentally change their nature to something more compatible with mine, am I right to do so?)

      Past a certain point, society cannot accept criminal behavior/criminals, and that is where things like jail and corporal punishment come in. Not necessarily because society can be cruel or barbaric, but because such criminals cannot be practically and ethically rehabilitated into society.

      There is also the whole "corporal punishment as a deterrent argument", but that's for another post.

    124. Re:Where's the... by insertwackynamehere · · Score: 1

      You are forgetting the extremely important fact that how one is raised is very important. I feel that is way more important to look into than genetics.

    125. Re:Where's the... by UncleFluffy · · Score: 1

      If this really is genetic, wouldn't that be an argument for the death penalty as a method of selecting against that gene? Seems to me that giving such a light sentence is counterproductive here, if in fact it is genetic.

      Wouldn't the smartest response to his genetic defense be "Ok, we'll let you out early, but we get to chop your dick off first. Deal?"

      --

      What would Lemmy do?

    126. Re:Where's the... by Anonymous Coward · · Score: 0

      or, god's creation or predestine considered: maybe it's our job to fix our own species...elimate the excessively violent peo

    127. Re:Where's the... by Anonymous Coward · · Score: 0

      If this really is genetic, wouldn't that be an argument for the death penalty as a method of selecting against that gene? Seems to me that giving such a light sentence is counterproductive here, if in fact it is genetic.

      Well, then, wouldn't that suggest executing criminals at the earliest possible age in order to prevent their breeding (or alternatively, forced sterilization). As we know, such efforts have been used in the past without the refinements of genetic testing and were generally influenced by social and racial biases. Would adding the refinements improve that problem?

    128. Re:Where's the... by Anonymous Coward · · Score: 0

      What if there are environmental treatments too? What if genes aren't always expressed, except under certain environmental conditions? What if you could change the expression of genes by simply making some different choices about how you live? Such as, for instance, never expressing "obese" genes by virtue of certain dietary and physical exercise choices? Never expressing certain cancer genes by not coming in contact with some kinds of carcinogens or promoters?

      What if the presence of a gene is not always deterministic? Just like the mere presence of a subroutine does not necessarily weigh on the determinism of a computer program?

      Can you see how this might open a huge can of worms? Because then we have to consider the possibility that our artificial pursuits may not be compatible with genes developed in a more natural environment. We might have to consider that our technology is harming instead of helping some people. We might have to consider the possibility that some permutations of deterministic action are preferred to others.

    129. Re:Where's the... by mstrebe · · Score: 1

      Absolutely not. The purpose of prison is not to rehabilitate, it is to separate. The three strikes law, however immoral you consider it to be, is primarily responsible for the 70% reduction in violent crime between 1980 and 2009. As it turns out, keeping people who are likely to re-offend in prison dramatically reduces crime.

      Unfair? Sure, but only to people who have a proven inability to play well with others. Random victimization is unfair to everyone.

      --
      aka Matthew at SlashNOT/!
    130. Re:Where's the... by hey! · · Score: 1

      I've been told that ever since I was in grade school. But it's not science. It's religion.

      Animals self-evidently *do* control their behavior. They wouldn't need brains if they didn't. Squirrels don't eat every nut they pick up; they bury most of them. Now people will say that's *instinct*, but that's just a word we use without really examining what it *means*. "It's *instinct*," we say, as if that closes the case. We might as as well make a up a nonsense word like "bragtittle" and use it in place of "instinct" if we're going to think that way. What we call "instinct" ranges from things that aren't much more than reflex, all the way up to behaviors that are learned by animals from their parents and exist in variations that might almost be called "culture".

      Humans differ from other animals in that we have an enormous brain capacity for modeling situations, imagining ourselves in those models, inductively drawing knowledge from both real and hypothetical situations, then drawing symbolic inferences from that knowledge.

      What does that have to with the idea that "personal responsibility" has anything to do with whether a two year sentence is any better than a one year sentence? Almost nothing, because the very question is inane.

      "Personal responsibility" is quite relevant where the value of restitution and reparation can be calculated. If you steal a thousand dollars, personal responsibility would mean giving it back, paying the victim for his trouble, and paying back society for the effort of making you do that. There may be certain reparation aspects involved in beatings, e.g. paying hospital bills, lost time, pain and suffering etc, but in the end there is no a priori way to say that six months in jail per person beaten is any worse or better than one year per person beaten.

      I think punishments for such transgressions achieve a number of distinct ends:

      (1) They modify the criminal's future behavior (reform).
      (2) They modify potential criminal's future behavior by making him an example (not very effective, in my opinion because most crimes are stupid and impulsive acts)
      (3) They remove the criminal from the community and eliminate additional crimes he might commit.
      (4) The suffering of the criminal gives us emotional satisfaction.

      In addition to these desirable consequences, there are lots of undesirable ones with imprisonment as well: it costs us money, prisons become universities of crime, etc.

      A rational punishment is one that would maximize the net benefits of the intended consequences over the costs of the unintended ones. So in the case of the "aggression gene", we could argue either way. We could say that the criminal will need more punishment to counteract his innate tendencies, so let's go longer. Or we could say that the prisoner is incorrigible. That leads to two possibilities: we throw away the key, or if the undesirables are too big on that, we might reduce or even dispense with prison altogether, supposing *calculation* showed that was the best option. But as I doubt anyone can really perform this calculation, it's anybody's guess as to whether one sentence or another is better. What we get is an altogether different calculation: the trade off between the societal cost of imprisonment and the political benefit of being "tough on crime". Since the cost is borne be society at large and the benefit reaped by politicians, it's not a very good deal for us. Personally, I don't care how "tough" you get on crime. I'd rather see efficient.

      If I were philosopher king, I'd arrange things according to one simple idea: the probability of being caught is a greater deterrent than the magnitude of punishment. What is a greater influence on your driving speed, a sign saying speeding fines are $500, or a police car by the side of the road? What I'd do is make prisoners perform economically valuable work, and use the money to pay for crime prevention. They would get out of prison literally when their debt to society was paid.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    131. Re:Where's the... by khallow · · Score: 1

      If it has memory and is non-deterministic, then it certainly has the potential for free will. My view is that free will is the ability to act and chose non-deterministically. Namely, that the thing in question has some ability to influence its environment, to make choices that alter how it interacts with its environment, and that these choices cannot be predicted wholly by an outside source. Now maybe memory isn't required, though I don't see choice in the absence of some sort of memory.

      So yes, I don't see why a non-deterministic computer can't have free will. I consider the existence of free will separate from though related to being alive or being sentient. For example, suppose we have an organism, say an amoeba, that rarely has an opportunity to make a choice. It might even live its whole existence without making a choice. Is the free will in the amoeba or in the choice? I say the latter.

    132. Re:Where's the... by Anonymous Coward · · Score: 0

      No need to blame to punish. It's a hateless kind of punishment. If a dog goes mad, you shoot it. It's not the dogs fault, but shooting the dog is still what you must do. A robot sushi chef that started slicing off the heads of customers because of programmer error 14 would likewise be put down. It's not the robot sushi chef's fault, but the threat it poses still must and will be neutralized.

    133. Re:Where's the... by DahGhostfacedFiddlah · · Score: 1

      All good points, and each one worthy of its own investigations. For now, though, our knowledge of what factors are involved in gene expression are murky at best.

      I can state definitely my opinion on this particular case though - if a gene therapy is available that removes the genes he's blaming, and it can be shown to work, then I support a reduced sentence. My personal main concern with the justice system is rehabilitation and prevention, not revenge. If alternate treatments (chemical, environmental, or otherwise) are available that would work specifically for him, because of how his genes affect his aggression, I'd probably support those too, judged on a case-by-case basis.

      And I'm perfectly aware of the can of worms that would be opened with this. If genes can be linked to behaviours, and then tweaked to manipulate those behaviours, we're effectively poking around at the machine-code level of the gigantically-complex system that our entire civilization has emerged from. I have no qualms about applying the technology in this one isolated incident. In the greater picture, my mind swims at what a society with rampant (especially cosmetic) gene therapy might look like.

    134. Re:Where's the... by clarkkent09 · · Score: 1

      I don't see why people see a difference between deterrence and revenge. All human and some animal societies have a concept of revenge which probably evolved because it serves the purpose of deterrence. I would argue most punishments for most crimes in the US are already too light to function as an effective deterrence - hence the fact that they don't. See countries where harsh punishments are applied even for minor offenses, such as Singapore, and where the crime level is extremely low. But the main thing for me in favor of the retribution is not it's effectiveness in providing as deterrence or not, but in providing a psychological satisfaction to the victim, which I think the victim is entitled to. I think we all feel something unfair is taking place when the perpetrator is let off with less harm done to themselves than they have caused to the victim, and the victim feels that even stronger.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    135. Re:Where's the... by brian0918 · · Score: 1
      Kant's morality is just as arbitrary and immaterial as a morality grounded in God.

      The moment I ask you why I should follow the categorical imperative as my moral system, you will have to resort to either blind faith ("well, because!") or another moral system for justification ("because if you don't, then X Y Z will happen, and that's bad because...").

      The only non-arbitrary moral system is one grounded in the nature of man, that answers fundamental questions like "why be moral?", "what is the standard of value?", etc, without resorting to a moral system in order to answer those questions (ie, leading to circular reasoning).

      As an example of the disconnect between Kant's morality and the nature of value, which is derived from the fundamental existential alternative faced by living things - life or death - I need only mention his conclusion that if lying to a friend or innocent person is wrong, then lying to a murderer or madman in order to save your life is also wrong. A friend recently wrote a great commentary on this - I'll quote the relevant bits:

      When Plato and Kant argue that a principle is "objective" and "absolute," they mean that they know that the principle applies in any and every context, even contexts that are still-unknown to everyone and possibly never-to-be-known-by-anyone. That is a logical contradiction; one cannot know of the applicability of a principle in a context that is unknown and was never known to anyone. In short, the Platonist argues that for a principle to be absolute, its applicability must transcend context. Immanuel Kant said that if it is true that it is ethically wrong to lie to someone who always tries to help you, then it is ethically wrong to lie to a murderer when he asks you for information that he will use in the commission of murder. Many people properly find Kant's "absolutist" argument repugnant, but they do not doubt Kant's insistence that there can be no logical interpretation of "absolute" except Kant's. Again, because they assume that no definition but the Platonic/Kantian one can be valid, most people conclude that "absolute" is useless in real life.

      Actually, a principle can be absolute, but its absoluteness is confined to context. That conclusion is consistent with Objectivism. First, we start with reality. The facts that are, are. The facts, as they are, are what we have to work with. They are the starting point in any and every decision. "The context" refers to the facts surrounding the area of discussion, inquiry, or decision to be made. Context means "an accounting of all the facts that are relevant to the current inquiry, discussion, or decision being focused on." These facts include metaphysically-given facts and man-made facts. The facts of reality precede any decision, and any rational decision is made according to a reading of the facts. That reading of facts is the context. That is why a rational decision cannot be made while ignoring the context.

      It is the context itself that necessitates that a decision be made, and also determines the extent to which the decision, once made, will have beneficial effects. The context likewise influences the likelihood that the decision will produce the consequences that the decision-maker intended. To the extent that one wants one's decision to be rational, the decision must be adapted to the context. And any and every normative prescription is such a decision that cannot be made except within a context. Hence, a normative principle cannot be rationally applied "in transcendence of context"; it is the context that sets the stage for the normative principle. As the "context" is the sum of the facts pertinent to the decision, the normative principle's applicability is unable to transcend the context for the same reason that the normal principle's applicability is unable to transcend the facts of reality.

      A moral principle is a principle that can be repeatedly applied within a certain context, and,

    136. Re:Where's the... by theelectron · · Score: 1

      I believe sterility would be sufficient in this case, and it would be much more agreeable in the current culture.

    137. Re:Where's the... by theelectron · · Score: 1

      It can be rephrased as: don't do something unless you believe everyone can do that thing without the world falling apart. So don't steal unless you think everyone would be able to steal without society collapsing.

    138. Re:Where's the... by syousef · · Score: 1

      Unfortunately, too many people feel that legal punishment is a means to avenge the victim.

      True, but if they didn't they'd take matters into their own hands.

      This is cruel, wasteful and essentially inefficient. Demand punishments as light as possible to deter: this will empty prisons, be less costly, and make for a more balanced society.

      Sorry friend, but you're letting your heart rule your head. Just how light can punishment for rape, murder, robbery be before the criminal ignores the punishment altogether?

      --
      These posts express my own personal views, not those of my employer
    139. Re:Where's the... by jwhitener · · Score: 1

      I guess it depends on how powerful the influence of the genes are on aggression.

      There are legal defenses that can be made if the person has a medically diagnosed mental illness. It isn't something they can control.

      I suppose if more research were done that found out that a person with genes A,B,C had an 80% chance once a month of experiencing an overwhelming urge to be violent, then society would have to make a decision about how to handle that.

      Would it be treated as a mental illness if the medical community could show that it is nearly impossible to overcome the urge? Or would we train the person to notice the symptoms (hair growth, growling, , howling, etc..) and require them to lock themselves up?:)

      I don't know, but it is going to be very interesting watching the progress of gene research intertwine with the notions of free will and the law.

    140. Re:Where's the... by Binary+Boy · · Score: 1

      And when there is absolutely no way one could repay what they have taken from others? Do you think Bernie Maddof should be working off his debts, and if so how does one propose he is given the financial power to earn back those billions lost without granting him the trust he has already demonstrated he is unworthy of?

    141. Re:Where's the... by Idbar · · Score: 1

      The argument to reduce his sentence makes no sense whatsoever.

      1. If he has genes of violence and killed a person, he was predisposed.
      2. If he had no genes of violence and killed a person, then he has genes of violence. GOTO 1.

    142. Re:Where's the... by BikeHelmet · · Score: 2, Interesting

      Given his gene pool he's likely to kill again.

      More likely. People can change - or perhaps no change is necessary if it was a crime of passion or accident. I wonder if those crimes are more common with genes such as this?

      I would've leaned towards more time. A former alcoholic has to watch his beer intake, and possibly stay away from it altogether. An aggressive person has to keep his anger in check. This reduced sentence seems backwards to me. What's next - reduced sentences for hit and run cases and manslaughters, if the drunk driver has a gene that helps him get addicted easily?

      No, I don't think so. We all have our challenges that we have to overcome. Deal with yours and fit in with society as best you can.

    143. Re:Where's the... by stickytar · · Score: 1

      No will is truly free. Free will is such a misnomer. There are always limitations in the system.

      --
      believing the big bang requires a certain amount of supernatural faith
    144. Re:Where's the... by Anonymous Coward · · Score: 0

      It is hilariously disgusting to watch wannabe atheists trivializing existence because they don't believe in a god. ... Trivializing our existence into firing neurons and randomness doesn't lead us anywhere and when a person is looked at on his genetic level it is like missing a forest for the trees.

      Trivializing existence is making shit up. Telling kids that Santa exists, that god exists, that a devil exists and will torture you for eternity, that is fucking trivializing existence. I take existence very fucking seriously. Nor am I aware of any published atheist and philosopher who simplifies existence as "firing neurons and randomness". It is a fucking strawman of your side's creation. Either promote an evidence-based reality or shut the fuck up. At the very least, don't mischaracterize people and positions you lack the intelligence to understand.

    145. Re:Where's the... by quickOnTheUptake · · Score: 1

      Okay let's go with this:
      There is a purely physical me, that we can call the body, that engages in behavior. These behaviors are purely deterministic, based on genetic/chemical/electronic factors that can't be controled.
      Then there is a conscious me. Whatever it is, let's call it the mind. The mind is unable to directly influence the acts of the body.
      So the conscious mind is just sort of along for the ride, passively observing, feeling, thinking and so forth.
      So why does the mind feel guilt for bad things the body has done? The mind was, after all, powerless to change the bad behaviors of the body.
      Even from a purely evolutionary standpoint it doesn't make sense, because subjecting the mind to psychological suffering, can't correct the behavior of the body, since after all there is no free choice and the mind can't influence the behavior of the determined body.

      --
      Mod points: Guaranteed to remove your sense of humor.
      Side effects may include gullibility and temporary retardation
    146. Re:Where's the... by SomeKDEUser · · Score: 1

      As light as possible :) there are many different kind of rapes, from consenting sex between teens of the wrong age to a father abusing his five-year-old daughter. Having a single all-encompassing "rape" does disservice to Justice.

      I am not saying punishment should be light as a matter of principle, but as light as possible given the ultimate objective which is to minimise crime and maximise the number of functioning citizens (that is the result of actual research).

      As it happens, studies show that the swiftness of the judgement and application of the sentence matters more than the sentence itself to prevent repeats.

      Now the nature of the sentences does serve as deterrence. But humans are not very good with orders of magnitude, so probably being on the severe side serves no purpose (that is only my opinion, as far as I know).

    147. Re:Where's the... by jellomizer · · Score: 1

      We are not punishing him for the wrong genes. We are punishing him for wrong behavior.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    148. Re:Where's the... by Anonymous Coward · · Score: 0

      The justice system is not about blame, it's about keeping criminals safe from society and (in my mind) rehabilitating them.

      Maybe to you, the justice system is "about keeping criminals safe from society". To the rest of us, the justice system is supposed to be about keeping society safe from predatory criminals ...

    149. Re:Where's the... by sjames · · Score: 1

      I didn't say that the separation was unconscionable, just the punitive aspects.

      If you believe that a person is unable to obey the law, what's the point of punishment? It doesn't matter how much you punish a human being, he will still 'refuse' to teleport on command.

      If you believe they are unWILLING to obey the law, even when faced with the 3rd strike, you must accept that they have a fundamental flaw in their thought processes or emotional control (and so it's a medical condition) or that we have let our society decompose so badly that long term imprisonment is a rational preference to whatever they're condemned to on the outside. Either way, punishment is a pointless cruelty.

      BTW, the decline in violent crime shows little or no statistical correlation to the implementation of a 3 strikes law. That is, states that never enacted such a law have seen similar changes in violent crime stats.

    150. Re:Where's the... by antirelic · · Score: 1

      I assume you have experience with the prison system to make such a studious observation condemning it as "barbaric". I've worked in the prison system, and I can assure you that it is no more barbaric than the education system that American liberals have hand crafted since the early 20th century. I would like to see what else you classify as barbaric.

      - Prisoners are well fed
      - Prisoners have access to communication with the outside world (via mail), phone calls, and external visitors
      - Prisoners have access to free health care
      - Prisoners are provided with an education (in many states) if they choose
      - Many prisons provide work release for lesser crimes
      - Prisoners are allowed to keep a small amount of personal effects inside their cell.
      - Prisoners are not forced to do labor of any kind, often opting to do work, which they are compensated for.

      Yes, truly, TRULY barbaric. US culture is just horrible.

      On an aside note, I think the greatest travesty is additional punitive punishments which occur after imprisonment. The additional punitive punishments afterwards, such as removal of voting rights, the right to bear arms, and conviction status which is career destroying which is greatly more punishing for a one time offender (regardless of the intent) as compared to a career criminal.

      --
      20th century Marxism is not progress...
    151. Re:Where's the... by Anonymous Coward · · Score: 0

      i'll eat your genitals and deny you the ability of passing on your weak genes...

    152. Re:Where's the... by CaptSaltyJack · · Score: 1

      "will" is being used as a verb here. (I will you to depart)

      Rephrase: "Act only according to that maxim whereby you can, at the same time, suggest that it should become a universal law."

    153. Re:Where's the... by Thuktun · · Score: 1

      But if you go down that 'lack of free will' route, then crime was predestined, this subsequent capture was predestined, the judge was predestined to set that particular sentence too, and everything about the whole world is basically pointless.

      Can you really say that, for any of your decisions in the past, that given the same circumstances, same background, same knowledge, etc., that you would have chosen anything differently?

      Things may be predestined, but that doesn't mean there's any way to discover what that would be. The sheer complexity of the universe (with over a trillion trillion trillion trillion trillion trillion trillion trillion trillion particles all interacting simultaneously at the quantum level) and the Heisenberg Uncertainty Principle conspire to keep that from you.

    154. Re:Where's the... by Lurker2288 · · Score: 1

      Insofar as I believe myself to possess free will, I have responsibility for the reasonably forseeable outcomes of the choices I make. My choices are not merely the product of my environment, for others share the same environment and yet may make different choices. Nor are my choices merely a product of my genetics, for even identical twins may behave very differently. So unless you think a creating deity is necessary to possess free will, I see no reason why personal responsibility would be incompatible with atheism.

    155. Re:Where's the... by insertwackynamehere · · Score: 1

      This isn't atheism versus creationism you fucking moron, where in my post did I talk about God or santa claus? I'm talking about people too edgy to acknowledge that like it or not, our existence isn't purely defined by genetics and chemicals. The parent, who may or may not be trolling above my original post, is discussing some stupid eugenics based "idea" he has in a pseudo-scientific light while hiding behind a lack of empathy to prove that he is not religious and thus correct (because the opposite of religion is knowledge right?)

      Everyone on here is talking about how existence is just genetics and neurological impulses and jerking each other off over it, so I'm not arguing with philosophers and atheists who are published, I'm arguing with a lot of stupid fucking Slashdotters who think that their layman knowledge of science combined with their desired to edgily bring contrarian viewpoints into everything and their lust for power they've felt since they were beat up every day in middle school, is the saving fucking grace of the world.

    156. Re:Where's the... by Tack · · Score: 1

      Is personal responsibility compatible with atheism?

      Book recommendation: Freedom Evolves by Dan Dennett.

      Dennett argues that the the kinds of free will worth wanting (especially those needed for moral responsibility) are compatible with a deterministic universe. (Determinism doesn't necessarily follow from atheism, but it quite often does, and since Dennett is an atheist and a compatibilist, he argues from that perspective.)

    157. Re:Where's the... by nycguy · · Score: 1

      The universe is, as far as we know, nondeterministic at some levels. Radioactive decay, for example, is a process for which there does not seem to exist anything beyond a statistical model. There is evidence that such nondeterminism extends to the neural level, with implications for free will.

    158. Re:Where's the... by arose · · Score: 1

      knowing != causing.

      Omniscience was only part of parents argument. It was paired up with creation and omnipotence. Meaning that god can make us into anything and knows how it will turn out. That indeed doesn't leave a any room for free will.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    159. Re:Where's the... by jameskojiro · · Score: 1

      Bernie can work for eternity at McDonalds to repay his debt.

      That is fine by me.

      --
      Tsukasa: All I really want, is to be left alone...
    160. Re:Where's the... by greyhueofdoubt · · Score: 1

      Murderers waive their right to be treated as I wish to be treated by grossly violating the social contract.

      It is right to be moral because that benefits us, i.e, causes us pleasure or prevents pain. This can be demonstrated empirically or subjectively.

      The human experience is not binary. The nature of man is to have more than one facet to be judged on- one can be a murderer and still pay the bills on time and not abuse children. The inquiring murderer problem introduces a fallacy, namely that the C.I. strictly forbids lying. It does not. It forbids lying in order to hurt someone since we as individuals would find it hurtful if we were lied to in turn. A philosophy does not need to be one sentence long. I think it is perfectly acceptable to say, "Do not lie to your peers to cause harm or cause them not to achieve their goal of happiness as long as it does not hurt others. Lie to a criminal attempting to commit a crime because the gains of his work would be lost to the pain and suffering of others, that is to say his goal is the pain and suffering of others. In other words, knowingly helping someone to violate the C.I. would be the same as violating it yourself."

      Like I said before, human experience can not be summed up or ruled by a series of internally consistant logical syllogisms. As long as there is disagreement about anything among humans, our best moral compass will still be flawed and imperfect. If you have a perfect guide for being good, along with a reason to be good, please share it.

      I've gone through all this in college and every single unit began with reasons that the philosophy being studied was right and ended with all the reasons it was completely wrong and unworkable. I left philosophy, ethics, political philosophy, and comparative culture (which touched on cultural ethics) with the feeling that philosophy has hit a dead end. That until we admit to our jaded, post-modern selves that: we are little better than animals and we just need to find a way to live together long enough to reproduce like the rest of the world; that morality, love, beauty, hate, etc are all artifacts* of other, deeper instincts that, yes, are basically useless now; we are not programmable machines, perfect or otherwise, at least not with today's technology... all the academic posturing and arguing about what makes right right and moral moral is close to useless in a world ready to ignore it.

      -b

      *artifact in the same way that the will to live continues even in a solitairy, maimed creature that is now sterile and cannot possibly bear young; or in the way that our ideas about beauty might change if our eyes worked like a dog's eyes, or a bee's eyes- we work within our constraints and should admit to ourselves that if we could see ultraviolet, or control our serotonin, our lives would be very different.

      --
      No offense, but I've stopped responding to AC's.
    161. Re:Where's the... by Anonymous Coward · · Score: 0

      ... where in my post did I talk about God or santa claus?

      This part: "It is hilariously disgusting to watch wannabe atheists trivializing existence because they don't believe in a god." You can weasel out by claiming your comment applies to a subset of atheists. However, I think the tone of your post and your follow up post both show a tendancy to overgeneralize without evidence. To support that assertion, I will parse your run-on sentence:

      "Everyone on here is talking about how existence is just genetics and neurological impulses"

      No. You aren't doing this and neither am I. You would be hard pressed to find a majority of the posts discussing the topic let alone this twist on it.

      "and jerking each other off"

      Pics or it didn't happen.

      "over it, so I'm not arguing with philosophers and atheists who are published,"

      Because you would get your ass handed to you.

      "I'm arguing with a lot of stupid fucking Slashdotters who"

      Are clearly smarter than you.

      "think that their layman knowledge of science"

      You don't have their CVs. STFU.

      "combined with their desired to edgily bring contrarian viewpoints into everything"

      Stats?

      "and their lust for power"

      That is common among most people. No need to bring it up (like almost everyone masterbates...).

      "they've felt since they were beat up every day in middle school,"

      Again, stats? Or are you drawing from personal experience?

      "is the saving fucking grace of the world."

      You lost me here.

    162. Re:Where's the... by Viper23 · · Score: 1

      So, what if they say "my environment made me do it". does that make it any better?

      At what point does the reconciliation of my perceiving you as a threat vs. the reality of you not actually being a threat need to be measured in order for a group of 12 people to assign guilt. Really, guilt or not guilt, crime or not crime comes down to which 12 people are trying to figure out whether or not they would have done the same thing given the same set of external stimuli.

    163. Re:Where's the... by Anonymous Coward · · Score: 0

      > Every effect has a cause (in the macro world at least).
      > To extrapolate: every crime has an excuse.

      And we have no reason to accept it. Maybe he doesn't have a choice, but then neither do we have a choice when we reject that excuse.

      If anything, those people most likely to reoffend should be locked away all the longer. This isn't about fairness. This is about the right the rest of us have to be safe from violent people.

    164. Re:Where's the... by pwfffff · · Score: 1

      "So why does the mind feel guilt for bad things the body has done?"

      It doesn't... necessarily. Who are you to say that guilt is not learned? After all, many arguably unjust actions have been performed without the actor feeling guilt for what he has done, and many people do indeed take a deterministic worldview as meaning that they should not feel guilt.

      "Even from a purely evolutionary standpoint it doesn't make sense, because subjecting the mind to psychological suffering, can't correct the behavior of the body, since after all there is no free choice and the mind can't influence the behavior of the determined body."

      Right, just like how the pain of something sharp couldn't possibly subject the brain to 'psychological suffering' in a deterministic manner so that it precipitates an electric response along the nerve pathways which control the afflicted limb, moving it out of the way. Are you somehow assuming that 'guilt' is not a physiological phenomenon? Your logic doesn't make much sense here.

    165. Re:Where's the... by Anonymous Coward · · Score: 0

      Just because you can't predict or measure something doesn't mean the world isn't deterministic.

    166. Re:Where's the... by pwfffff · · Score: 1

      "both you and I know that our existence is true (whatever that implies)"

      So you don't accept HIS pseudo-science, but such a generic, useless, non-insightful, and frankly meaningless phrase should be accepted universally? Neurons and DNA aren't 'true', but whatever bullshit you believe is because you know it is?

      At least his ideas DO imply something, and are genuinely useful to those who want to know if there are any different, perhaps better, ways of looking at things. You talk about the 'reality of the human situation'; is that not neurons, chemicals, and electricity?

      "I'm talking about people too edgy to acknowledge that like it or not, our existence isn't purely defined by genetics and chemicals."

      So what IS it defined by? I really have nothing to argue against here, since you haven't provided your own viewpoint. You've only gone on and on about how we're wrong because -- well, we just ARE.

      Must have been because we got beat up in middle school, I bet you hit the nail on the head with that one.

    167. Re:Where's the... by ceoyoyo · · Score: 1

      Better than what? Better than claiming your genes made you do it? Yes, a little. We know a lot more about modifying behaviour that is a product of the environment than we do about modifying genetic predispositions in living, adult humans.

      If you consider a penal system where you actually think you can rehabilitate prisoners, there are really three possibilities:

      1) you say "yeah, I done bad" and you go to jail to be rehabilitated. recognizing you did something wrong, you're responsible and you can be rehabilitated is a big step towards that rehabilitation.

      2) you say "yeah, but my environment made me do it." Whether you were abused as a child or you lost your job and your wife was nagging you, rehabilitation and behaviour modification is all about changing this sort of thing. Of course, since you haven't admitted responsibility for your actions that rehabilitation is going to take longer than (1). Longer jail sentence for you.

      3) you say "yeah, but my genes made me do it." Sorry man, we can't change your genes. If you want us to believe you that your genes are completely responsible then you have to go to jail at least until a) you're too old and decrepit to be dangerous or b) we can try some experimental and highly dangerous gene therapy on you. Realistically, your genes are only a part of the equation and you need to go to jail until you're rehabilitated, just like (1) and (2). Unfortunately it's probably going to take even longer for you because you're going to have to work your way up to where (1) and (2) already are.

      Whether or not you committed the crime presumably isn't at issue (that's a different discussion). Given that you did it, the question is, what to do about it? "Guilt" is kind of a tricky term because someone who is insane isn't legally "guilty" in most judicial systems, although he must still be locked up until he isn't insane anymore. The same goes for the killer genetically predisposed to violence. Whether or not you believe he's "guilty," he has to be separated from society until he no longer poses a danger. If the danger truly originates overwhelmingly in his genes then he cannot be treated.

      In many judicial systems an insanity plea is quite a double edged sword. You might end up spending less time locked up, but on the other hand you don't get a nice set sentence either - you're confined until a doctor says you're okay. A genetic plea is similar except that realistically, if the court buys the genetic argument, it can't ever let you out.

    168. Re:Where's the... by BitZtream · · Score: 1

      Impossible to predict and measure yes, that doesn't imply it wasn't deterministic. Just because we can't model it doesn't mean there isn't a model.

      To accurately predict and measure it, we would have to be outside of its realm of influence.

      Just because we don't understand or know about ALL the laws of nature doesn't mean they aren't there.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    169. Re:Where's the... by omfglearntoplay · · Score: 1

      To nitpick, we are animals. There's no doubt about it. So, controlling our behavior "better than other animals" might be a more reasonable statement. Along those lines, I've definitely taught my cat (to a degree) to stop scratching me when he wants something... being a nice kitty works better... yet he has not become more human in doing so. Or has he, at least in my perception? =]

    170. Re:Where's the... by BitZtream · · Score: 1

      And result in far more crime, what the fuck are you smoking?

      I could give a fuck about vengeance for some guy that killed your family, I'm far more concerned about him not killing mine. You have an incredibly ignorant view of the world.

      Don't want to live in the cruel prison system, don't commit the crime. Don't want people to get revenge DON'T COMMIT THE CRIME.

      Spend a few days IN a prison and get some perspective. Murders as a rule, don't sit around feeling remorseful while in prison.

      If you want to be nice to them, put one of your children in prison for a week. Go live with them yourself, get some perspective. You are seriously out of touch with reality.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    171. Re:Where's the... by FearForWings · · Score: 1

      Political tags — such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth — are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire. The former are idealists acting from highest motives for the greatest good of the greatest number. The latter are surly curmudgeons, suspicious and lacking in altruism. But they are more comfortable neighbors than the other sort.

      Robert A. Heinlein, Time Enough for Love
      http://en.wikiquote.org/wiki/Robert_A._Heinlein

      --
      I don't know about angles, but it's fear that gives men wings. -Max Payne
    172. Re:Where's the... by mobby_6kl · · Score: 1

      add this to your list:

      -Prisoners are physically and mentally abused by staff
      -Prisoners are physically and mentally abused by other prisoners
      -Prisoners are forced to live in severely overcrowded conditions
      -Prisoners are serving ridiculous sentences which don't help achieve the intended goals
      -Prisoners get to interact and learn from more "hardcore" crims. Not necessarily barbaric as much as counterproductive.

      Maybe your system isn't barbaric by medieval standards, but compared to modern day first-world nations, it is.

      I don't disagree about the additional punishments though. Taking away voting rights is absolutely retarded (think the law that got you jailed is unjust? Well, fuck you!), but everything else isn't much better, GPS bracelets and address limitations included.

    173. Re:Where's the... by BitZtream · · Score: 1

      And the alternative is what? Let criminals roam free? Let them commit more crimes? Whats it take, someone murdering your first born for you to finally wake up and smell reality?

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    174. Re:Where's the... by kalirion · · Score: 1

      Atheism != Lack of Free Will.

      That said, I happen to be agnostic, and believe that Free Will is an illusion. If I am predestined to be picked as a juror for a murder trial, and I predestined to believe the prosecution's arguments, I may just be predestined to favor the death penalty in the case.

    175. Re:Where's the... by debrain · · Score: 1

      I assume you have experience with the prison system to make such a studious observation condemning it as "barbaric". I've worked in the prison system, and I can assure you that it is no more barbaric than the education system that American liberals have hand crafted since the early 20th century. I would like to see what else you classify as barbaric.

      You may be interested to know that the public education system in the United States is modeled after the prison system, as suggested by Henry Ford (a "conservative", whatever that means).

      I note that you've included examples that the US prison system is not barbaric because it doesn't violate the Universal Declaration of Human Rights or the Geneva conventions on torture. For example:

      - Prisoners are well fed

      Starving people is a recognized form of torture.

      - Prisoners have access to free health care

      They likely couldn't afford any - being deprived of the ability to work and all.

      - Prisoners are not forced to do labor of any kind, often opting to do work, which they are compensated for.

      Forcing people to work is called slavery.

      That the US prison system doesn't violate universally recognized laws of conscience (viz. jus cogens) is hardly compelling evidence that it's not barbaric. The basis for an argument that it's barbaric is that it effectively causes immense harm but provides no benefit to the prisoners, and limited benefit (if any) to society. This is particularly so if, as in the context of my post above, one is talking about crimes committed in the absence of free will.

      On an aside note, I think the greatest travesty is additional punitive punishments which occur after imprisonment. The additional punitive punishments afterwards, such as removal of voting rights, the right to bear arms, and conviction status which is career destroying which is greatly more punishing for a one time offender (regardless of the intent) as compared to a career criminal.

      I completely agree. If prison terms provided catharsis - i.e. you did something wrong, you do the time, I think it'd have some deterrence, but without the ostracizing and stigmatizing that prevents convicts from reaching the first rung of civil society (and out of abject poverty). The badge of convict serves as a lifelong reminder that one is a lesser being than non-convicts, rather than prison serving as repentance after which one can move forward with life. However, as it stands, the lifelong branding only serves to increase the likelihood one remains in abject poverty and reoffends or 'graduates' to a more heinous crime.

    176. Re:Where's the... by Anonymous Coward · · Score: 0

      MOD UP TO INFINITY.

    177. Re:Where's the... by tolkienfan · · Score: 1

      The Schrodinger wave equation is completely deterministic.
      Only the "measurement" or "observation" introduces probabilities, and there is no consensus on what occurs during this process, or even whether any kind of process occurs.
      Plus, this is only our mathematical model - it doesn't help with the question of determinism.
      I also feel that the question of determinism is rather unhelpful when it comes to deciding questions of free will. So given a particular set up, we would always make the same choice... does that imply lack of free will? The set up would include, pressumably, the whole universe and its history. Anything less could produce a different outcome. Don't I have free will?
      Free will, to me, is more to do with having a conscious, being able to way choices against personal morals and understanding. Whether these things are emergent phenomena arisng from deterministic physical systems (such as neurons and synapses) means very little to me.
      Just my 2c...

    178. Re:Where's the... by mhajicek · · Score: 1

      Yes. I fluctuate between agnostic and atheist, and I think that if there is no God that's responsible for all this then you are the only one responsible for your actions. Perhaps if someone had a perfect scan of your brain and plugged it into a supercomputer they might be able to predict your decisions in certain circumstances, but that doesn't make it any less important for you to make the best decisions you can. I also think that if you're acting "good" so as to try to get into heaven or stay out of hell, then that's really a selfish behavior. If you don't believe in heaven or hell, then if you're "good" it's because that's how you really are.

    179. Re:Where's the... by DahGhostfacedFiddlah · · Score: 1

      That's ridiculous, dice have memory too. They have a memory of their position and velocity at the moment they were released, a memory of the air resistance, and a memory of how they bounced across a table. All of these memories (past states) inform their current state, which in turn determines their future state, and eventually which side will face up when they come to a rest.

    180. Re:Where's the... by StrategicIrony · · Score: 1

      That would be all well and good if the application of law was actually clearly dictated to solve a problem.

      However, if you've ever watched a court case involving a victim (or a victim's family), especially one with a jury and ESPECIALLY one involving the media, the closing statement is always hinged on "help the victim feel that justice was done". And inevitably, the jury decision hinges strongly on the victim (and family) on the stand, crying about how they won't ever feel whole until this crazy man is locked up forever.

      On the macro and philosophical level the justice system may be about solving a problem, but on the micro psychological level, it's about revenge and retribution.

      While I don't necessarily disagree with you, I just want to make sure you understand that when you consider both sides.

    181. Re:Where's the... by ignavus · · Score: 1

      Personal responsibility is a pure fiction in a deterministic universe.

      Except that quantum mechanics implies that we are not in a deterministic universe. Replay the same actions twice and you won't necessarily get the same outcome.

      And quantum mechanics has nothing to do with free will. It simply adds randomness, not moral responsibility, to the causation of behaviour.

      Freewill != indeterminism

      --
      I am anarch of all I survey.
    182. Re:Where's the... by Anonymous Coward · · Score: 0

      So which is it?

      You are presenting a paradox. Are we at the mercy of the universe, or are we capable of influencing our future by being "smart"?

    183. Re:Where's the... by Anonymous Coward · · Score: 0

      No Pants Mondays?

    184. Re:Where's the... by Anonymous Coward · · Score: 0

      I'm sorry, but it's depressing how this gets modded up. I guess it must be the arrogant and patronising tone that helps.

      Heisenberg's uncertainty principle does not say that. Heisenberg's principle says that you cannot _simultaneously_ measure two so called
      'incompatible-observables' both to arbitrary precision. Essentially, you can think of the first measurement of one quantity (say x, position) somehow 'resetting' all the values of most other "observable quantities". So the value of p (the momentum) then is random in a sense, and we can generally do only statistics on its subsequent value. This is not a statement about how good your measuring equipment is, but applies to the concept of measurement itself. Note that in any case, it does not say you cannot measure position to an arbitrary precision. That is always possible (i.e. there is no restriction on how good instrumentation may become in the future). But the process of measurement of x will greatly disturb the value of p. Also note that there are things that people measure ('compatible variables' in the trade) that can be measured simultaneously to an arbitrary precision (thing for instance p,the momentum, and T=0.5p^2/m , the kinetic energy).

      Basic quantum mechanics is not really hard. If you've got a basic mathematical background (think calculus fourier transforms and differential equations) you can pickup the basics very quickly and really understand what's going on. I suggest "Introduction to Quantum Mechanics", by D.J Griffiths as a good book (though very expensive and fragile). If you're genuinely interested in what's going on, and have the aforementioned background, don't spend your time reading popular science books. The real thing is actually much more satisfactory.

    185. Re:Where's the... by Anonymous Coward · · Score: 0

      No one goes to jail for smoking leaves - they go to jail for smoking buds. Sorry to nitpick - but it's a common misconception. Leaves and stems (and seeds, if it's shitty pot) are discarded, it's the THC loaded trichome-y goodness in the bud that you want to smoke (leaves, like seeds and stems, taste nasty).

    186. Re:Where's the... by khallow · · Score: 1

      No will is truly free. Free will is such a misnomer. There are always limitations in the system.

      That's an interesting opinion. I'll say you're wrong on principle. You're wrong.

    187. Re:Where's the... by khallow · · Score: 1

      Well, you are right. That is ridiculous. Past states are not memory. Plus, your so-called memory doesn't last past the end of the die throw. Normally, I applaud such debate efforts, but this is just an issue of semantics and not terribly interesting. It's clear that what you mean by "memory" is not what I mean by "memory".

    188. Re:Where's the... by Dhalka226 · · Score: 1

      He was still punished; he's still going to jail, serving 89% of his original sentence. Nobody has made any indications whatsoever that he did not do wrong or should not be punished. Agree or disagree, the judge simply decided that being genetically predisposed* to something makes it a slightly smaller deal if you end up doing it.

      I also think it's worth nothing that Italy seems, in general, to take a less heavy-handed approach to criminal justice. He admitted to murder and was given a 9 year sentence, something all but impossible in the United States.

      * Which he also obviously believed. Personally I would be more interested in that side of the story because the link seems weak to me.

    189. Re:Where's the... by Dhalka226 · · Score: 1

      It is hilariously disgusting to watch wannabe atheists trivializing existence because they don't believe in a god.

      Personally, I think what is hilarious is watching you try to sound like an intellectual.

      For starters, if you believe there is no god you are an atheist. You're not a wanna-be anything, even if it makes you sound oh-so-cool to say it.

      Second, speaking as an atheist, whose friends are all atheists, and who has read plenty of atheist and theist opinions, I have never seen an atheist "trivialize existence." In fact, every atheist I know finds religion to be what trivializes existence, reducing our lives to some sort of sick test to see whether we get to live in bliss or burn in torment for eternity. When you're an atheist, you don't trivialize life; you believe life is all there is. It is the paramount importance because it's all you have. You die and you're gone. You don't live on and on with your ever-loving God or devil tormentor depending on how some crazy and undefinable metric of sin weighs out on your soul.

      you can spew shit from your mouth all day about how we are only chemical computers but both you and I know that our existence is true (whatever that implies) and our feelings and central nervous system exist and that for whatever reason we are important and relevant even if not universally.

      Of course our feelings and central nervous systems exist. Who the hell ever said otherwise, or is your entire post just an elaborate strawman? Their existence doesn't change their basis or their potential effects on our development and future behavior, which is the issue at hand with genetics in the courtroom.

      when a person is looked at on his genetic level it is like missing a forest for the trees.

      Somewhat, yes. A person is clearly a combination of lots of genetic information, along with many other non-genetic factors. But looking at specific genetic components in specific circumstances is certainly not worthless. I want to know if I'm pre-disposed to alcoholism so I can take steps to avoid it. I want to know if I'm pre-disposed to heart attacks so I can take better care of myself. Neither of those pieces of knowledge are worthless, regardless of whether or not they're genetics in a vacuum.

      Whether looking at a potential pre-disposition to violence when accused of a violent act is overboard is a perfectly valid question, but your self-assuredness that we shouldn't is hardly compelling. It obviously means something. The central question is how much and whether it mitigates what you did to any extent.

      There are a lot of goals of the court system in general and imprisonment in particular: Punishment, rehabilitation, deterrence, protection. The over-arching goal of all of these, however, is justice. An alcoholic is an alcoholic whether he was pre-disposed to it or not, but is he equally at fault for his alcoholism with or without a genetic predisposition? I don't think he is. If there truly is a well-defined link between violence and genetics--and nothing I have seen in this article or elsewhere has established that link to my satisfaction--then I think that's something worth investigating. The person made the ultimate decision to commit the crime, the same as the alcoholic did to bring the bottle to his lips -- but what drove that action? Motive, intention -- these have always been crucial in the process of justice. Why should we throw out a potential factor just because you say so?

      In a way, it reminds me of civil liability. If I slip in your driveway and sue you for $100,000, the jury can actually apportion blame; say, I'm 40% responsible for what happened because I was staring into the sky when it happened and not watching where I was going, and you're 60% responsible for not having the gaping hole in your cement fixed. So instead of $100k the judgment would be $60k. Is i

    190. Re:Where's the... by Anonymous Coward · · Score: 0

      Your post is childish, stupid and ignorant. Do the world a favour and grow up or fuck off.

    191. Re:Where's the... by Artifakt · · Score: 2, Insightful

      Conscious awareness of our own free will is something we each experience. It's fundamental, as basic to all our observations as it gets, and in fact more fundamental than the existence of an objective physical universe.
            Every single experience you have ever had points to your existence as a consiousness. Only some of the experiences you have had point to an external common reality. Your emotions are experiences you have had, and point to you as the experiencer, but they don't prove there is a common reality we share. Your dreams are experiences you were conscious of, but your dreams certainly don't prove anything about an external reality, whether one we both share or even a hypothetical one where I'm not real and only you are. Your memories can be in error, you can be fooled by an optical or other sensory illusion, so you can't claim all your memories or all your sense experiences point to an objective external reality either, just some.
            All the models that involve neurons, chemicals and electricty, or genetics or DNA as defining the "reality of the human situation" or "our existence", are based on the idea that you have enough proof of the validity of an external, physical universe to prove all those things you directly experience, but that don't help you prove the external part, the physical part, or the universe part (uni-verse means one structure with common laws throughout, after all - we are claiming the real thing that is all things has common rules and isn't just a chaos).
              How can you claim that science, which is about the common, externalized, objectively verifiable universe, has the power to completely explain all those experiences that don't justify science itself, but the converse is basically false? Science explains things such as dreams by starting off saying "dreams are nothing more than electrical noise in a brain that isn't fully active". It 'explains' consiousness much the same way.
              Yet you and everyone else (if you all really exist), have much more direct evidence for your own consciousness than you do for that external universe in which science works. How can you argue that less than 50% of your experiences prove that more than 50% of your experiences aren't real, and can safely be reduced to basic models that trivialize much of them? How can you argue that anything less than 100% of your experience can explain everything important, except by starting off with the assumption that the other parts simply can't possibly be important?

      (Go ahead, argue you don't, and yet you somehow know I don't either even though you are simultaniously claiming there's no real you to know anything at all - that's called naive realism, and real philosophers brush their teeth with people who believe that).

      --
      Who is John Cabal?
    192. Re:Where's the... by Anonymous Coward · · Score: 0

      I'm responding to say that this post is one of the better laid out and analytical responses to the question off social justice that I've ever seen.

      I have a question for you and it's a topic I've done some research on - how might you handle it. I'm honestly asking for your opinion on how to best approach it.

      Here's a few things you may have to take on premise in order to have this arguemtn
      1) A statistically significant portion of the population is a pedophile and many of them pursue sex with kids.
      2) Many pedophiles genuinely believe they are not harming a kid once they have obtained "simple consent" (carefully making no mention of "informed consent")
      3) Many kids involved in such an arrangement also feel like they provided "simple consent"
      4) A prosecutor I talked to said that in a substantial number of these cases, the victim and the family doesn't want to pursue prosecution. Today, often the parents are threatened with neglect charges if they don't cooperate with investigations and trial proceedings.

      According to everything I see and hear, these sorts of "silent abuse" cases are a huge thing for local and national law enforcement and district attorneys. There have been dozens of new legislation and billions spend in both government and non-goverment organizations focused on preventing such things.

      Now, there's lots of arguments. Many people think it's something that should be avoided at all costs. They gawk at "to catch a predator" on TV. Some people argue that it should be prevented, but not at the expense of the family involved. This is how Dutch legislation was for most of the last 35 years. A family or the victim (if they were over 12) could stop any investigation. A minority of people even argue that it should be no big deal if everyone involved (including family) is comfortable.

      Within the context of what you outlined, as the "philosopher king", do you advocate an approach to this important issue?

    193. Re:Where's the... by Artifakt · · Score: 1

      There are probably some things Bernie can do that don't require much trust and still repay his victims (or society, or whomever we want to repay) a lot better than making burgers. Just detailing how he did it and helping spot similar cons still in process ought to be worth some real cash value. The fact that his 'debt to society' is unlikely to ever be fully paid back, especially by a man of his age, shouldn't mean we don't try for the best we can get. He could at least write a book for investors on avoiding fraud, with his share of the proceeds all going to his own former investors.
            I suspect it's because we (in aggregate) are very unclear whether his real debt is to his direct victims or the whole culture that we don't have more programs to try and get something back out of people such as him. In cases such as his, we also aren't sure whether some of the blame lies with investor greed and things we don't really want to encourage, so do we really want all of them to get all their money back? If we aren't clear just how much he should pay back, no wonder we don't have a lot of mechanisms in place to make it happen.

      --
      Who is John Cabal?
    194. Re:Where's the... by Artifakt · · Score: 1

      You do know that this has already been addressed in the specifically Christian case? Augustine's arguments about whether Omnipotence means God could cease being good, or make a triangle with four sides, etc.

            It's also rather advanced theology. Augustine was one of the earliest people to argue that an object the size of the earth would look like just a point if seen from the immense distances wherein we see the stars. His argument there wasn't widely accepted for several hundred years and even his own church dropped it during the counter-reformation, but that's the sort of building block he used to get to his definitions of omniscience and omnipotence.
            Nothing personal. I don't agree with Augustine on all of this, I'm not trying to convert you to standard model Christianity (or anything else), and I don't think you necessarily need to be saved or that learning the answer to this will save you, or even bring you one step closer. If you do think you need saved, my advice to you is to treat everybody well and try to wake up to who you really are.
              But you are really insisting on a 'simple' answer to a question that no one can discuss in its proper context without a lot of much more basic questions being addressed first. "God works in mysterious ways" is sometimes shorthand for "You need five years of upper level courses before we can tackle that one.". I know it seems like you can use words the way you do, and make the statements you made, and have reasoned correctly, and it may seem absurd to claim you've done just what people did, 'refuting' Einstein by saying "Space is curved? Poppycock, how can an emptiness curve? It's objects that can curve! The man's clearly dotty...". But it's my honest opinion that you are doing just that sort of thing.
              You can read Augustine (in translation at least), you can read some other people such as C S Lewis for related topics, you can read a lot of Muslim scholars or Charismatics who will tell you why Augustine and Lewis were both wrong to put limits on God, or you can even read some Sufis or people like Wong Kiew Kit and learn how to unask the question. At some point in your life, maybe at the apparent end, you are likely to get a direct answer that will be better than all those, so relax.

      --
      Who is John Cabal?
    195. Re:Where's the... by MadUndergrad · · Score: 1

      On the other hand, knowing that they're more aggressive opens the floor for treatment of said aggression, making them less likely to kill since it's more likely that that was their primary motivator. That would argue for shorter sentences and specific correctional action.

      On the gripping hand, you just can't punish people more for having worse genes, or the wrong genes. And yes, prison time is punishment as much as correction. You just can't pull that in this country.

    196. Re:Where's the... by Anonymous Coward · · Score: 0

      Even if it is deterministic, perhaps long prison sentences will help encourage other possible offenders to (deterministically) decide it's not worth the risk. Obviously some things are very spur of the moment and not calculated. I'm just saying that just because a system is deterministic doesn't mean punishment for actions is unfair/a bad idea. Otherwise we could just get rid of all penalties for bad behaviour; after all, they were all destined to do it...

    197. Re:Where's the... by jwdb · · Score: 1

      Did you not read gp's comment? His point was that prison should be used not for vengeance but to reduce crime, precisely what you want. He doesn't want to be nice to prisoners, but not mean either. he simply wants to fix them.

      Check out the article "The velvet glove" in the economist a few weeks ago - turns out it's not the severity of a punishment that matters but rather the swiftness, and that coupled with a soft approach significantly reduced crime in a town in North Carolina.

    198. Re:Where's the... by Yvanhoe · · Score: 1

      Exactly. The justice institution is based on the personal responsibility. It is more and more known, however that someone can be forced into something with drugs, genetics and so on. Once you begin to think about it, the whole institution seems like a joke. The only solution is to stop consider it as a punishment for individual nd instead look at it as a way to protect society.

      I think that what is not mentionned in this article is that the guy gets a shorter sentence in order to get into mental institution quicker

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    199. Re:Where's the... by AA+Wulf · · Score: 1

      The problem with this logic is that the same case could be made for black people, gays, Jews, redheads, or any other potential genetic "flaw." For example, if it were shown that redheads tend to be more likely to commit adultery by the nature of their genes, than wouldn't that - by your same logic - be an argument to not allow redheads to marry? The slope is quite slippery when one begins to argue that a genetic trait should be artificially selected out of our species, even if that trait is often detrimental, such as aggression. If this were the case, you might end up sentencing half our armed services to the death penalty.

      The ruling here to cut one year off a 9+ year sentence due to a genetic trait seems in line with similar reductions due to psychological problems. There should however also be added stipulations, such as anger management therapy of some sort in order to condition against the genetic tendency. I'm glad you are not a judge, as you apparently reason the sentence should be lifted to a ridiculous end that is not even on the table for a manslaughter case (I didn't read TFA, but I highly doubt this was a 1st degree murder trial).

      --
      http://bohemian-geek.blogspot.com
    200. Re:Where's the... by The_mad_linguist · · Score: 1

      Personal responsibility is a pure fiction in a deterministic universe.
      Everything that will ever happen was decided at the time of the Big Bang.
      We just don't have the instruments to predict everything yet.

      So why are you posting that comment?

    201. Re:Where's the... by uninformedLuddite · · Score: 1

      Replay the same actions twice and you won't necessarily get the same outcome.

      I once owned a cat that would have disagreed with you quite vehemently.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    202. Re:Where's the... by Anonymous Coward · · Score: 0

      If we're smart, we won't execute anyone.

    203. Re:Where's the... by mr+exploiter · · Score: 1
      I think you should reread parent post, he is not making any claim about quantum mechanics, he is just saying that it doesn't matter either way.

      You could just see the quantum effects inside you brain as random noise, and that it's already present from other sources either way so it makes no difference in if we have or we have not free will. In my opinion it's just a matter of definition, but as free will is a useful concept we should define in some way that it does actually exists.

    204. Re:Where's the... by Malc · · Score: 1

      Sterlisation might be a better suggestion than state-sponsored murder.

      These people are useful in wars - maybe you could make a case of preserving this gene as a form of societal self-defense.

    205. Re:Where's the... by Anonymous Coward · · Score: 0

      Or, we are humans. I'd claim that we have evolved far enough to be classified as an entirely new species.

    206. Re:Where's the... by Full+Metal+Jackass · · Score: 1

      I would never blame a computer for a programmer's error. How do we blame a person for its hardware and programming?

      Quite right but it doesn't mean that you shouldn't punish them if punishment and/or the threat of punishment keeps them from offending and makes things safer and more pleasant for everyone else.

      I can't see how we can do anything other than behave according to what we are and what we perceive around us. However, excusing bad behaviour on the basis of that is changing the environment around us and is likely to make more of behave badly.

    207. Re:Where's the... by Lord+Ender · · Score: 1

      We are a new species... of ape. We are also animals by every scientific definition.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    208. Re:Where's the... by Trails · · Score: 1

      Everyone in jail, and probably many offenders out of jail, regret their violent behaviour after the fact. What I don't get is why people without a detected genetic predisposition towards violence get heavier sentences.

      Imprisonment serves a few purposes:

      1. Remove the dangerous element from society. The sentence reduction here doesn't make sense, the person is more dangerous.
      2. Punishment. The notion of "paying one's debt to society" (since the financial burden of a prisoner on the taxpayer is substantial, I don't entirely get this). Given that the consequences for the friends & family of the victim are unaffected by a genetic predisposition, lighter sense doesn't make sense here.
      3. Rehabilitation. Since prisons have been shown to have deleterious rather than beneficial effect on inmates overall, this is a miss. Further, even if prison is rehabilitive, less time for someone with a genetic predisposition towards violence still doesn't compute.

      Am I missing something?

    209. Re:Where's the... by mcvos · · Score: 1

      Personal responsibility is a pure fiction in a deterministic universe.

      That's an interesting philosophical claim, but it requires a bit more backing up than merely stating it and hoping everybody agrees.

      It is already clear that we are all products of our genetics and our environment.

      And isn't assumed responsibility part of that environment too?

    210. Re:Where's the... by couchslug · · Score: 1

      "it's about keeping criminals safe from society and (in my mind) rehabilitating them."

      Don't forget that without fear of punishment (including the fear of being stopped in the act by violence) there is no utilitarian reason not to be a criminal.

      If all you are going to do to me is protect me from society and try to make me make you feel good when I seem to be "rehabilitated", why shouldn't I kill you (after copulation if I think you are suitable), take your stuff, and repeat as much as I like?

      That non-punitive idea of crime management makes it extremely reasonable for high functioning sociopaths to game the system. Bernard Madoff copycats would be the least of your problems. Heck, I'm naturally well-behaved but would likely turn to crime out of spite were such an idiotic system enacted.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    211. Re:Where's the... by Kris+Thalamus · · Score: 1

      Allocating personal responsibility is just another way of saying that we assign rewards and punishments to various actions. We use punishments and reward to control people's behavior.

      Responsibility is a somewhat less morally neutral term than terms such as reward and punish given that responsibility typically implies a set of obligations and proscriptions that are subject to moral censure or legal consequence.

    212. Re:Where's the... by Anonymous Coward · · Score: 0

      Excellent exploration of the concepts involved. I agree that just because an assumption is near universal and appears useful doesn't mean you can logically prove it to be true. I like to sum up such thinking in this concise statement, "The belief I exist in a shared physical universe certainly seems pragmatic, but it's also illogical in the strictest sense."

    213. Re:Where's the... by Anonymous Coward · · Score: 0

      Those are some impressive mental gymnastics you're going through there, but it still leaves you with an absolutely unconscionable situation. No matter why I want to hurt you, someone who tortures you in order to sate my desire to hurt you does wrong.

    214. Re:Where's the... by Anonymous Coward · · Score: 0

      We're talking about people who commit murder [...] Nobody is really "responsible" for anything

      Well then we're not responsible for locking them away forever.

    215. Re:Where's the... by Anonymous Coward · · Score: 0

      "So why does the mind feel guilt for bad things the body has done?"

      It doesn't... necessarily. Who are you to say that guilt is not learned? After all, many arguably unjust actions have been performed without the actor feeling guilt for what he has done, and many people do indeed take a deterministic worldview as meaning that they should not feel guilt.

      Because guilt is to some extent in all human cultures we have knowledge about, both extant and extinct. While this doesn't prove that there isn't an innate baises for guilt in most people, the only other sensible explanation is that there is something innate in many people that causes them to create a concept of guilt and teach others about it. The second option means that guilt is at most slightly less "natural" to the human condition than the first.

      So while I do agree that culture or even individual will can dramatically shape the concept and experience of guilt, I think there must be more to it than just a cultural artifact. I'm am also willing to allow for the possibility that like some people have congenital physical defects, some people can be born without the ability to experience guilt in the same way as other. However, in that case they are abberations to the norm, not conclusive evidence against it.

      Finally, the fact that people who feel guilt can sometimes rationalize away these feelings doesn't really have anything to do with determining whether or not guilt is a innate part of human conciousness. There is a long history, and likely prehistory, of people learning to control, modify, or even ignore emotion responses and anger, sadness, or joy are still considered on some level innate to human psychology.

    216. Re:Where's the... by Anonymous Coward · · Score: 0

      Personal responsibility is a pure fiction in a deterministic universe.

      Bullshit. Even if the universe is completely determined at the microscopic level, it doesn't mean that we can't think of responsibility for actions at the macroscopic level.

      I know it sounds counterintuitive at first glance. But go read some Daniel Dennett. He makes a rather compelling argument that microscopic determinism is at a different order of things from how we determine causality, responsibility, and all sorts of human understanding of the world at the macroscopic level.

    217. Re:Where's the... by Anonymous Coward · · Score: 0

      Completely discard free well is more fundamentalistic than cientific.

    218. Re:Where's the... by DahGhostfacedFiddlah · · Score: 1

      I'm sorry, but it's not clear at all that what I mean by "memory" is not the same as what you mean by "memory".

      The state of the die after it lands *does* affect its future, as it will be picked up in a different manner, and consequently be thrown again in a different manner. The die retains a "memory" of all of its past actions, in that if those past actions had happened differently, the die's current state would be different.

      How is this any different from a human memory, which is simply state information (admittedly, a lot more state information) that has come about from the entire history of that human (and before)?

    219. Re:Where's the... by insertwackynamehere · · Score: 1

      Lol fine only on Slashdot would I get modded down because I called "atheists" and not atheists (no quotes) out on being neckbeard as fuck with their ideas on pre-emptive punishment based on eugenics, and their dreams of what most people would describe as a dystopia.

    220. Re:Where's the... by Dread_ed · · Score: 1

      You left out d) prevent predatory and/or destructive criminals from contacting potential targets of their societal unconscionable behavior.

      As for items "a" and "b," many criminals do not see prison as a lesson or a deterrent. See the recidivism rate for confirmation of this.

      And as for "symbolic atonement to society" I believe that this motivating principle, in its proper context, would lead to harsher sentences than "avenging the victim." A criminal, in a societal sense, violates not only the law but also the conventions that make society stable, predictable, and safe. Every time someone resorts to criminal behavior they are spitting in the face, figuratively speaking, of every law abiding person. They are practicing a level of selfish disregard for the foundations of law and civilization that makes narcissism look like philanthropic altruism. Furthermore, their actions affect us individually by destroying our freedom to live our daily lives without fear, as if we were the victims ourselves.

      If you consider a criminal act as a transgression against the victims, and the government as the arbiter of justice for those victims, the punishment is limited to the scope of the victims' damages. If, however, we consider criminality as a societal issue we have to provide some way of equating the damage done to society with the punishment meted out. Shoplifting becomes a billion dollar crime due to cumulative losses, money spent on prevention, and shrinkage costs passed on to the rest of society. Violent crimes now have added punitive weight because of the fear they cause in unrelated individuals, the cost they incur in prevention (police patrols, lighting, CCTV, etc.), and the possibility of widespread racial tension if the victim and criminal are of different ethnic backgrounds.

      Losing sight of the victim is a cognitive incongruence and an insult to logic. If atonement to society is the primary concern then the punitive action would include reimbursement to taxpayers for the expenses of trial, incarceration, past and future preventative measures, and untold social costs. This would quickly increase the cost (in dollars or time incarcerated) of a single crime to an absurd amount. However, if atonement is based on the suffering and injury of the victim it is proportionally linked with the criminal's own actions and thereby perspicuously equitable. Not only is removing accountability to the victim an affront to anyone who has ever been victimized, it also leads to methodologies of thought that are so malleable they could justify any conceivable punishment for a crime.

      For instance, two people arrange a transaction to trade harmless produce for cash and other considerations. They have been conducting these transactions for many years and no one involved in these transactions, nor any of the many people who have subsequently received the produce for consumption, has complained, been harmed physically or financially, nor have they been unfairly coerced into participation. In spite of this flawless track record (which many legal companies could not compare to), the police witness the transaction and both seller and buyer spend the next 20 years in jail. The punishment is immense, ruining the lives of two people and wreaking untold devastation on their families. The crime? Sale of a controlled substance, marijuana. The victim? Nowhere to be found, but apparently the damage done to this victim is so great is merits wasting 40 years of human life even though a similar amount of the legal analogue (tobacco) would lead to far greater costs to society (medical), and far more people harmed or killed (lung cancer, emphysema, etc.)

      That is the other problem with eliminating atonement to the victim from the system of jurisprudence. The courts make victims of those who have committed no harm. See laws that forbid certain sexual acts between consenting adults for more examples of how basing punishment and laws on society's need for atonement is complete bunk.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    221. Re:Where's the... by Dread_ed · · Score: 1

      "How is this train of thought any different for a theist? "If God's creations, enacting his will, then where does personal responsibility come into play?"

      If there is one thing I cannot abide it is an atheist who has to resort to straw men to attack religion. As a spiritual person with intimate knowledge of the Bible I must say it is laziness, stupidity, or an incredible new combination of both traits that leads an atheist to malign religion for qualities it does not posess or things is does not say. There are literally millions of viable and vulnerable attack points and you have to make one up? Come on! Atheists are generally much, much smarter than that.

      Ok, my beef is that every religious book in history points to the vast and often insurmountable (without divine help, tada!) disfunction between gods and men. No religious book ever written describes mankind as faithful enactors of the will of God. If they did there would be no central conflict between man and the unknowable infinite, and therefore no sitcom spinoffs. How the hell are you going to make a viable franchise like that?

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    222. Re:Where's the... by slim · · Score: 1

      I was not mounting an attack on your religion, nor anyone else's.

      Malc had constructed a strawman argument about atheism ("if we are as nature made us, how can we be responsible?"). I tried to point out that the same strawman can be applied to theism ("if we are as God made us, how can we be responsible?")

      I have spent 36 years failing to grok religion (it fascinates me precisely for that reason) so there may well be something I've missed.

  4. Backwards? by Sefert · · Score: 5, Insightful

    By that logic, isn't he more dangerous, and therefore should get a longer sentence? (Until a gene therapy solution comes out, anyway).

    1. Re:Backwards? by slim · · Score: 5, Insightful

      By that logic, isn't he more dangerous, and therefore should get a longer sentence?

      Only if the purpose of imprisonment is to keep dangerous people off the street.

      Finding a consensus on the purpose of imprisonment is pretty much impossible.

    2. Re:Backwards? by MBGMorden · · Score: 1

      Depends on how you look at it.

      If prison exists as a punishment, then he is less to blame for his actions, and therefore should have the shorter sentence.

      If prison exists as an example to others, then this ruling doesn't even make any sense, as a person cannot change their gene structure.

      If prison exists to keep the dangerous elements of society away from everyone else, then the whole idea of prison "terms" seems illogical to me. Everyone should go to prison until such time as they are evaluated to no longer be a threat to society (which in this case might be never).

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    3. Re:Backwards? by zwei2stein · · Score: 1

      Thats what i though when i saw this.

      Prisons serve as place to corret behavior and redeem criminals where it makes no sense to keep someone ucorrectable longer.

      But at same time they also serve as means of preventing further offenses and insulating society from criminals.

      Basically, it makes more sense to jail person with innate violent tendencies for longer period, not shorter.

      Even better, just make no difference at all and it will be fine.

      Also, WTB, personal responsibility.

      --
      -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
    4. Re:Backwards? by commodore64_love · · Score: 2, Interesting

      To protect us from those persons who cannot recognize the validity of this statement: "No man has a right to harm another. And that is all the government should restrain him." The government's job is to restrain these persons in cages, to protect our inalienable rights.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:Backwards? by Anonymous Coward · · Score: 0

      Seems to me, those that are _not_ predisposed to violence have a better chance of rehabilitating than those that aren't. Shouldn't they need less time in the slammer to rehabilitate?

      Predisposed to violence = more time in?

      Not Predisposed = less time in?

      You seem to be under the impression that time in jail helps rehabilitation...

    6. Re:Backwards? by walterbyrd · · Score: 1

      That is what I thought.

      Maybe, after he gets out of prison, he should be kept in some other institution? An institution designed, not to punish, but to keep dangerous people off the streets.

    7. Re:Backwards? by Anonymous Coward · · Score: 0

      If it was my family member, this guy wouldn't even have made it to prison.
      He'd be in my basement with a blunt hacksaw, shacked to the wall with high carbon steel chains.

    8. Re:Backwards? by slim · · Score: 4, Insightful

      You're confusing your own conviction, with a consensus.

      Truly, there is no consensus, and there probably never will be.

    9. Re:Backwards? by bluesatin · · Score: 2, Funny

      Why would you use him as an actor in an amateur remake of Saw?

    10. Re:Backwards? by MozeeToby · · Score: 1

      Finding a consensus on the purpose of imprisonment is pretty much impossible.

      Which is, in my opinion, the problem. If prison is about punishment; fine, take away the cable TV, education, and job training. If prison is about rehabilitation; fine, then prison should be like a combination full time thearapy and education system (and incidently, the same kinds of facilities should be open to non-criminals). If prison is about keeping dangerous people off the streets; fine, then sentences should be based off of scientifically valid recidivism rates combined with the dangerousness of their type of crime.

    11. Re:Backwards? by falckon · · Score: 1

      Seems to me, those that are _not_ predisposed to violence have a better chance of rehabilitating than those that aren't. Shouldn't they need less time in the slammer to rehabilitate?

      Assuming that time in jail does rehabilitate, someone who is not predisposed to violence and has in spite of that committed a violent act is probably in need of more rehabilitation than someone who let slip their violent nature. Nevertheless, I believe all sentences should be equal, and exceptions like these allow for a corrupt system.

    12. Re:Backwards? by Anonymous Coward · · Score: 0

      yay internet tough guy

    13. Re:Backwards? by Improv · · Score: 1

      That statement is at best a vague intuition unless you can tell us all about what you mean by harm, what situations might change how that is to be understood, etc.

      Law cannot be reduced to such sparse statements.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    14. Re:Backwards? by Anonymous Coward · · Score: 0

      there's a good consensus, excluding idiots such as yourself

    15. Re:Backwards? by khallow · · Score: 1

      Then there isn't a consensus. Because there are a lot more "idiots" (as you put it) than there are people who happen to have this narrow belief.

    16. Re:Backwards? by Poruchik · · Score: 1

      That depends on the purpose of the imprisonment, is it 'corrective' or 'preventive'. If it's corrective (punishment for committed deeds), then leniency is in order. If it's preventive (you are in prison so you cannot do this is again) the sentence should be longer.
      I subscribe to latter point of view.

      --
      $signature =~ s/$signature//;
    17. Re:Backwards? by TheRaven64 · · Score: 2, Interesting

      And if prison exists for the purpose of reforming prisoners then his sentence should be longer because it's more effort to reform someone who has a genetic disposition towards violence.

      --
      I am TheRaven on Soylent News
    18. Re:Backwards? by slim · · Score: 1

      there's a good consensus, excluding idiots such as yourself

      I never revealed my own opinion (and I'm not sure I really know it). I do know that if you got 100 people into a room, you couldn't get 80 of them to agree on the precise purpose of imprisonment.

      Most people would agree it's some combination of rehabilitation, incapacitation/societal protection, deterrence/prevention, restoration, retribution, education and denunciation/condemnation - but you'd get raging arguments about the balance between them. Arguments, no doubt, in which someone would fall back on calling someone else an 'idiot'.

      (Categories borrowed wholesale from the Wikipedia article on punishment)

    19. Re:Backwards? by MBCook · · Score: 1

      If the purpose is to keep him off the street and the rest of us safe, he should get more time.

      If the purpose is so he can learn he did wrong (penance), then he can't fix this, so he should be locked up permanently because he can't learn to control this. After all, it's not his fault.

      Or if he can learn to control it, it's harder to control, so he should be in for more time since he'll have a harder time learning to be in control as much as a "normal" felon,

      Look at that. it doesn't matter what the purpose is, he should be in jail longer.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    20. Re:Backwards? by mcgrew · · Score: 1

      Until a gene therapy solution comes out, anyway

      There are other therapies, such as drugs or anger-management classes. You may be genetically predisposed to cancer, but rather than "genetic cancer therapy" you'll get radiation and chemo.

    21. Re:Backwards? by Idiomatick · · Score: 3, Funny

      Is that specific to this guy's case or do you treat all your relatives like this? It is hard to tell the way you said it.

    22. Re:Backwards? by maxume · · Score: 1

      It's about all three. A system that releases people should probably analyze recidivism when designing sentencing and work on rehabilitation though (in order to be 'sane').

      --
      Nerd rage is the funniest rage.
    23. Re:Backwards? by Anonymous Coward · · Score: 0

      Seems to me the only way it makes sense to give this person a shorter sentence is if the purpose of prison is punishment for evil. If someone is determined to have committed less evil due to a genetic disposition, you would give them a shorter sentence.

      As there is no workable therapy known for this gene, those into rehabilitation would recognize this person needs more prison time because it is impossible to rehabilitate him.

      Those that believe prison keeps unsafe individuals away from the general population would want him away for a long time too, since this person is not just unsafe, but has a predisposition to being unsafe.

    24. Re:Backwards? by DomNF15 · · Score: 1

      Finding a consensus on the purpose of imprisonment is pretty much impossible.

      No, it really isn't. In the US at least, the prison system is officially called the Department of Corrections (DoC), and prisons are also commonly referred to as correctional facilities. Clearly, the "purpose" of imprisonment is to correct or reform the individual so they are no longer a threat to themselves and/or others. Now, whether or not the DoC is successful in achieving that purpose is quite debatable. What is also debatable is whether or not anyone actually cares if they get reformed, so long as they are segregated from the rest of society and as the GP posted, kept off the street.

    25. Re:Backwards? by sunderland56 · · Score: 3, Insightful

      Finding a consensus on the purpose of imprisonment is pretty much impossible.

      True. However, it would be extremely strange for a prison to release an inmate a year early because he is displaying unusually aggressive behaviour.

    26. Re:Backwards? by commodore64_love · · Score: 1, Insightful

      At one point I might have thought rehabilitation was possible, but as we learn more about genes we discover the brains in some people are simply wired for aggression, or inability to feel emotions, or inability to sympathize. These persons can not be rehabilitated and should be removed from society, especially if they've already spent time in prison (apparently they learned nothing from their first offense).

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    27. Re:Backwards? by slim · · Score: 1

      Clearly, the "purpose" of imprisonment is to correct or reform the individual so they are no longer a threat to themselves and/or others.

      I don't think it's that clear at all. You happen to have hit upon *my* view of what imprisonment probably *ought* to be for. But not everyone agrees by a long chalk. Why do we have multiple life sentences, in which the prisoner is practically guaranteed to die in jail, reformed or not? Why do people campaign to keep notorious murderers in jail, even when their sentence is spent and professionals deem them to be reformed?

      It's because for every person who believes prison is about rehabilitation, there's another person who thinks it's about retribution. (Or, more realistically, a different balance of these two factors, and others).

    28. Re:Backwards? by dferrantino · · Score: 1

      If someone has a genetic disposition towards violence, then reformation is impossible.

    29. Re:Backwards? by CannonballHead · · Score: 1

      But if you are predisposed, you obviously couldn't help it. Which means that we need to make a special case for you - after all, it's much better to be kind to someone who "can't help themselves" than to protect innocent victims. This man was a victim of his genetic makeup, which obviously supersedes being a victim of murder! ...

      It's hard to even be sarcastic about this. Maybe we should only have judges that have been personally affected by criminals, that way they don't think that criminals (well... you know, murderers, rapists, etc) are better than they really are? I don't see why someone who is known to rape and/or murder people should be walking around and looking for victims again after 9 years. Or 8 years. Or 4 with good behavior. Or whatever...

    30. Re:Backwards? by mejogid · · Score: 1

      If prison exists as an example to others, then this ruling doesn't even make any sense, as a person cannot change their gene structure.

      I think this is an understatement - it's a dangerous ruling since if prisons exists as an example to others then those most genetically predisposed to killing will have less of a deterrent and be even more likely to kill if gene tests become as common as many predict.

    31. Re:Backwards? by slim · · Score: 1

      If someone has a genetic disposition towards violence, then reformation is impossible.

      Not at all. We all have instincts that we can learn to control. If you're quick to anger, you can learn to detect the first signs, to take a moment to compose yourself.

      You probably can't learn this if you don't want to change. But the prospect of returning to prison might well give you an incentive to change.

    32. Re:Backwards? by cyphercell · · Score: 1

      bullshit. prison is for people that don't/can't follow rules. the government doesn't give a shit about anything other than the ability to make up their own rules, when people don't follow them, slammer time.

      the rules themselves are arrived at through semi-consensus or at least some pseudo majority. this in itself doesn't mean a fucking thing except that the government is doing it's best to serve the people's wishes in order to stay in power. the opposite is the government removing your needs and desires in order to stay in power -> prison.

      in the long run, law and order is a very good thing. give people the time and resources to think and produce and they will do really cool shit. leave them to kill each other over governmental seat and they produce shit.

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    33. Re:Backwards? by Anonymous Coward · · Score: 0

      Maybe prior identification of the gene could have shaved some time off rehabilitation. Knowing that you definitely have a predisposition to aggression as a major contributing factor means you can work from there. I'm being hopeful here.

      I also hope that people would recognize that the force a slightly built guy needs to stop a brick shithouse might turn out somewhat deadlier than intended. If those remotely probable circumstances even occur.

    34. Re:Backwards? by dferrantino · · Score: 1

      And it can be argued just the same that people predisposed to violence will be far more likely to do it again, "reformed" or not. What happens when they're in a situation when it's harder to control themselves (drunk, etc)? Just an example but it's appropriate here, and I know the obvious response is that they should know better, but really, if they couldn't control themselves once, would you honestly trust someone to compose themselves in the future, knowing that they're predisposed to doing it again? What do you do about sociopaths? They're predisposed to crime and could similarly be found to be less liable for their actions too. What do you do about them? Do you give them a shorter sentence and release them because it wasn't their fault? On average, people using the insanity plea spend twice as long institutionalized. Pure sociopaths don't even get to use this plea, and the notable among them are sentenced to life or death.

    35. Re:Backwards? by Valdrax · · Score: 1

      At one point I might have thought rehabilitation was possible, but as we learn more about genes we discover the brains in some people are simply wired for aggression, or inability to feel emotions, or inability to sympathize. These persons can not be rehabilitated and should be removed from society, especially if they've already spent time in prison (apparently they learned nothing from their first offense).

      But then on the other hand, you should consider things like the Stanford Prison Experiment, the Milgram Experiment, and the hotly debated "Broken Windows" theory of crimefighting. Anyone who's ever been in/at a mob knows personally how much their behavior can be swayed by their surroundings, and it's no surprise that if you put someone in a building full of aggressive, hard criminals that they're going to learn some bad lessons.

      Some people are bad apples, some people are in bad situations, and some people just made a bad decision. Most criminals are probably some mix of the three, and a system that could better sort through criminals to find out why they commit crime and that tried to save those that could be saved would be far more just and efficient than one that just simply takes people who failed once, drops them into a breeding ground for hard criminals, and then raises hard barriers against them rejoining society as a full member.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    36. Re:Backwards? by Anonymous Coward · · Score: 0

      If you can't understand that the imprisonment of violent person is to keep them off the street to protect others then you should be locked up in the same prison for a couple weeks to help sort that misunderstanding out.

      That was the sweetest run on sentence I ever wrote.

      Now the imprisonment of non-violent offenders is to punish ... in attempts to possibly reform, which is an other joke all together.

      How smart to you have to pretend to be to disagree with these basics of imprisonment?

    37. Re:Backwards? by Anonymous Coward · · Score: 0

      until nearly all of the violently predisposed are in jail and only the passively predisposed are in the public ripe to be manipulated and too peaceful to resist. this is an interesting argument against the insanity plea psychology and such that if it becomes too convenient to label one person as insane how do you keep from labeling your opponents insane and have them locked up. However did not seem to me that he got off too easy only a year off a nine year sentence if he was genetically predisposed to violence shouldn't they have gone insanity plea route? would be more productive if in the end he could not control his actions he would be in a place , hopefully, where until he was "cured" he could not leave and expose the public to his violence. but only if he is in fact a danger and it is out of his control.

    38. Re:Backwards? by slim · · Score: 1

      And it can be argued just the same that people predisposed to violence will be far more likely to do it again, "reformed" or not. What happens when they're in a situation when it's harder to control themselves (drunk, etc)? Just an example but it's appropriate here, and I know the obvious response is that they should know better, but really, if they couldn't control themselves once, would you honestly trust someone to compose themselves in the future, knowing that they're predisposed to doing it again?

      If they repeat-offend, then by definition, they're not reformed. And some people will definitely do that. But that's quite different from the GP's post 'reformation is impossible'. If 1% of apparently reformed released prisoners go on to reoffend, is that a good reason to keep the other 99% in jail?

      On getting drunk: if someone recognises that being drunk prevents them from controlling criminal urges, then part of their rehabilitation is to learn to avoid getting drunk. Just as recovering alcoholics learn to avoid social situations where they'll be tempted to drink.

    39. Re:Backwards? by Valdrax · · Score: 2, Insightful

      No, it really isn't. In the US at least, the prison system is officially called the Department of Corrections (DoC), and prisons are also commonly referred to as correctional facilities.

      Sure, and since we changed the War Department to the Department of Defense, we've only used our military in self-defense, right? Names are just names, and they don't necessarily reflect the true intentions of the times much less modern intentions years after a name essentially became a meaningless label for an institution that's grown beyond it.

      Plus, "corrections" could easily refer to either rehabilitation or deterrence. Rehabilitation was a dominant theory in the 60's & 70's, but deterrence was the dominant political theory from the 80's onward with the massive push towards increased sentences and mandatory sentencing guidelines.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    40. Re:Backwards? by misexistentialist · · Score: 1

      Better to just lock you up at birth. And those criminals not pre-disposed, who chose to become evil, should be burned.

    41. Re:Backwards? by natehoy · · Score: 1

      As someone is proven to be more and more predisposed toward violence, it seems to me that incarcerating them for longer periods is appropriate as well, because I would assume that (a) it would be harder to rehabilitate that person, and (b) that person stands a much higher chance of recidivism. The incarceration should be based on severity of the crime and the likelihood that the person will commit a similar or more violent crime in the future. If we have accurate genetic markers to identify someone predisposed toward violence (and I think we might have a bit to go yet before we've got the genome tackled to that level of confidence) then we'd want to make sure they get more rehab and society is protected from them longer. And the stronger the markers are, the further we'd want to go with that, up to and including permanent incarceration for true sociopaths for which there is little to no chance of ensuring the safety of people in their vicinity.

      However, punishing them MORE harshly for a genetic "defect" is going to raise all manner of difficult issues, as well. First, the science needs to be really solid, second, how do we avoid "prepunishment" (detecting and punishing criminals for crimes not committed, yet) or is that a direction we want to go in?

      But, certainly, punishing them LESS harshly is both counterproductive and dangerous.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    42. Re:Backwards? by natehoy · · Score: 1

      Someone who, as you so eloquently put it, "let slip their violent nature" is going to have a greater predisposition to do it again. If rehabilitation can even be effective, then you're going to need a hell of a lot of it to be able to control that violent nature. And that nature is always there, so rehab is going to include anger control techniques and a clear demonstration of mastery of them before release. In other words, you either have to change their nature or give them tools to control it.

      Whereas someone who lacks that predisposition and acted against their nature probably also feels remorse over the act or had some level of self-justification under circumstances that are less likely to be repeated (violent crime due to frustration/desperation, for example). For someone like that, you identify the circumstances and work with the criminal to prevent those circumstances. So if the crime was based on trying to win some dough to pay for drugs, rehab would include getting cleaned up and learning a job skill. Theirs is a change of environment or circumstances, which is a lot easier.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    43. Re:Backwards? by Anonymous Coward · · Score: 0

      Yeah, but truth requires no consensus. The fact is that GP is RIGHT. Consensus be damned. I will not submit to the tyranny of the majority/mediocrity.

    44. Re:Backwards? by Hurricane78 · · Score: 1

      I bet he himself does not *want* to be more violent. No wouldn't it be the most fair thing to do, to help him against it, if he himself sees it as a disease?
      I mean, this is no different from any other genetic mutation where we as a community feel bound to help that person.
      Imagine this being your brother. Of course it would be wrong to put him in jail because he happens to have an unfortunate set of genes.
      But of course I'm not saying he should go around, killing people.

      I'm saying: He needs help! Not punishment!

      Damnit! We're not in the dark ages anymore, for god's sake!!

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    45. Re:Backwards? by dferrantino · · Score: 1

      Let me first clarify that I think the ruling is completely ridiculous and a person's genes should never be used by any legal system to determine a person's liability for a crime. Slippery slope, etc. Being predisposed to something doesn't make it okay, because you still made the choice to do it.

      My issue here is that if you take the argument "genes did it," how do you plan to fix that? You remove the person from responsibility, removing them from their behavior. If they can't be held responsible from their behavior, how does reform help?

    46. Re:Backwards? by Golddess · · Score: 1

      You seem to assume that those are the only three possible purposes for prison. They aren't.

      If the purpose is to control the population, it might make more sense to keep him outside to make more room for anyone badmouthing authority.

      If the purpose is slave labor, then such a dangerous person could be detrimental to the well-being of your unpaid workforce.

      If the purpose is just to "look like we're doing something", then having someone like that would mean the guards and such would need to perform *gasp* actual work!

      Look at that. Three additional reasons, and none of them mean he should be in jail longer.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    47. Re:Backwards? by DomNF15 · · Score: 1

      I appreciate your point. The view I hit upon also happens to be my own, so we have that in common. Think about it though - we are both clearly well evolved and intelligent people - at the end of the day, wouldn't you want the criminal to be reformed and become a functional and positively contributing member of society? Politicians may bill prison as a deterrent, but clearly it isn't working, or jails would be empty. Victims of crime see prison as revenge, but we can't consider them to act or think rationally under whatever stress they have been put through by the criminal. I don't think prisons are working well to reform criminals, but I do think that should be their end goal. If you haven't read about Kohlberg's stages of moral development, here's a link: http://en.wikipedia.org/wiki/Kohlberg's_stages_of_moral_development Spend a couple of minutes there, it's worth your time.

    48. Re:Backwards? by fastest+fascist · · Score: 1

      If you've ever been to prison, you'll know saying a long sentence will make a person fit into society better is more than a little dubious. It can happen, but often the opposite is true.

    49. Re:Backwards? by Anonymous Coward · · Score: 0

      . . . because it's more effort to reform someone who has a genetic disposition towards violence.

      And in many ways a bit arrogant to think you have a good enough handle on human psyche to really believe you could ever truly reform them.

    50. Re:Backwards? by Idbar · · Score: 1

      At first I thought in the same way you did. Then it came the paradox:

      If someone is not predisposed to violence and murdered someone, then was it or not predisposed?

      I think this shouldn't be causing his sentence to be any shorter or longer.

    51. Re:Backwards? by blind+biker · · Score: 1

      Finding a consensus on the purpose of imprisonment is pretty much impossible.

      True but utterly insignificant. Finding a consensus on anything at all is just as impossible.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    52. Re:Backwards? by amn108 · · Score: 1

      By your logic, shouldn't we then give longer sentences to minors driving cars illegaly and getting into accidents compared to regular drivers getting into the same kind of accidents while posessing a legal driving license? Same thing, if you ask me. Point is justice does not punish the dangerous more, it punishes by trying to be JUST, in most respects. Like cutting some slack to someone less able to restrain him/herself from commiting a murder if it's in his/her genes, because he would have to put less energy to do so, contra a person who is not predisposed like that and will put more energy to commit the same act. Justice is supposed to both prevent other potential criminals from contemplating the same action, and at the same time instill them with hope in the "right thing" by showing them that they are tried with the best of judgement, and not merely lynched by a bunch of radicals. That is why it is called justice, and usually depicted as a blindfolded lady holding weights in each hand. That is why it is so hard to get right I think - it sounds like quite an ideology and a bit of an utopia.

    53. Re:Backwards? by eightball · · Score: 1

      I don't think you can get 80% of any group of people to agree on the precise purpose of anything.

    54. Re:Backwards? by BitZtream · · Score: 1

      There is a general consensus, hence why pretty much the entire world has laws and prisons.

      Arguing that there is no consensus is as retarded as arguing that the Sun didn't shine today.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    55. Re:Backwards? by shutdown+-p+now · · Score: 2, Funny

      To protect us from those persons who cannot recognize the validity of this statement: "No man has a right to harm another. And that is all the government should restrain him."

      I'm not sure if that's what you've actually meant, but you basically just said, "everyone who's not a libertarian should be imprisoned".

    56. Re:Backwards? by slim · · Score: 1

      You've spectacularly missed the point, then called it 'retarded'.

      There's a consensus that prisons are a a useful tool that are worth having, and that's why pretty much the entire world has them.

      What there's no consensus on is what they're for and what they should be like. That's why in some places prisons are filthy uncomfortable hellholes where prisoners are left to rot, and in other places prisons intended to be civilised institutions where prisoners are moulded back into worthwhile members of society.

      By analogy - there's a bent nail hanging out of a shed. One person thinks it should be knocked back straight then driven into the wood. Another thinks it should be prised out and replaced by a screw. They can reach consensus that a claw hammer should be used - but they differ on what for.

      Your view on the *purpose* of prison, influences your views on sentencing.

    57. Re:Backwards? by Fjodor42 · · Score: 1

      Granted, if there is genetic predisposition for violence, then rehabilitation will be harder, but since you just up and call it impossible without citation, I'm just going to call it possible without citations too. There is, after all, something called the evolving mind...

      If it's a matter of pathological psychology, however, an open-ended sentence to a psychiatric ward is in order instead, but definitely not run-off-the-mill prison!

      --
      "The number you have dialed is imaginary. Please rotate your phone 90 degrees and try again."
    58. Re:Backwards? by noidentity · · Score: 1

      Yes, but keeping him in would be punishing him for something he can't control. I agree with this early release, and I think we should release all the lions and tigers from zoos immediately. Their genes make them very dangerous, and they can't help it either. I need to contact PETA...

    59. Re:Backwards? by commodore64_love · · Score: 1

      If that's what you think I said, then English must not be your first language.

      In fact the statement says government should let us do whatever we want, with the sole exception when we physically harm another, at which point we should be jailed. So that means - you could be a rabid communist but as long as you did not assault another human being, you'd be free to say or do anything you desire.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    60. Re:Backwards? by shutdown+-p+now · · Score: 1

      Yes, English is not my first language, so explain to me where I've parsed it wrong. Your words, in context:

      Finding a consensus on the purpose of imprisonment is pretty much impossible.

      To protect us from those persons who cannot recognize the validity of this statement:
      "No man has a right to harm another. And that is all the government should restrain him."

      I do not recognize the bolded part of the quoted statement (to be honest I don't think it's proper English in the first place, but so far as I can understand what it means, I disagree with it). Therefore, the purpose of imprisonment is to protect you from the likes of me.

  5. 8 years? Hate to be ethnocentric but.. by Anonymous Coward · · Score: 0

    Even his original sentence of 9 years, 2 months seems a little light for murdering someone - "aggressive genes" or not. If you look at prison as removing someone from society, does this just increase the risk that he will harm someone else? If you look at prison as a means to force rehabilitation or reconstruction of personal development, wouldn't he require more time than the average murderer (given his disposition)?

    I feel bad for the victim's family.

  6. Backwards? by rotide · · Score: 4, Insightful

    Seems a little bit backwards there.

    If I'm actually genetically predisposed to violence, keeping me in society might not be the best course of action.

    Seems to me, those that are _not_ predisposed to violence have a better chance of rehabilitating than those that aren't. Shouldn't they need less time in the slammer to rehabilitate?

    Predisposed to violence = more time in?

    Not Predisposed = less time in?

  7. Eschewing responsibility? by spineboy · · Score: 1

    Honestly - do people refuse to accept responsibility for their actions, or lack of actions anymore?
    The purpose of jail isn't really to punish anyone, but rather to keep them off the playground until they can "play nice". If law is going to say that genes controll the way we behave, then will Italian courts start locking people up for having certain genes because they will tend to be violent?

    --
    ..........FULL STOP.
    1. Re:Eschewing responsibility? by TheRaven64 · · Score: 1

      What do you mean 'any more'? 'My genes made me do it' is the new version of 'the devil made me do it'.

      --
      I am TheRaven on Soylent News
    2. Re:Eschewing responsibility? by squizzar · · Score: 1

      Yes, but admitting that would likely get you tied to a stake and burned, which is a bit more punitive than 'aw, poor you and your nasty bastard tendencies, here's a lollipop'.

  8. Good to know... by commodore64_love · · Score: 0, Offtopic

    Look out RIAA's CEO

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  9. Right... by T+Murphy · · Score: 1

    I can understand that it doesn't seem right to punish someone for things out of their control, but part of the purpose of putting murderers in prison is to make it harder for them to kill more people (at least that's my impression). They could maybe put him in a nicer prison, but if anything having the gene implies he's more dangerous than most people, so there is more reason to keep him in prison longer- not less. Hopefully they can help him overcome his genetic aggression, but it makes no sense to put him back on the streets if he is higher risk than most people.

    1. Re:Right... by radtea · · Score: 1

      I can understand that it doesn't seem right to punish someone for things out of their control

      I can't, because I can't understand the idea of "punishment" at all. I understand the idea of conditioning, and the notion that imposing a negative consequence on someone because they have violated some behavioural norm may in some cases reduce the rate of such violations.

      But when people talk about "punishment" they seem to have something quite different in mind. In particular, people who talk about "punishment" often attempt to justify it by claiming it is "deserved", but I've never been able to get anyone to tell me what it means to "deserve" something other than, "I would personally feel really good if I saw that happen to that person."

      So when someone says, "A murderer deserves life imprisonment" what they mean is "I would feel better if that person was put in prison for life." I don't really see why people's feelings should be the basis for the criminal law system.

      On that basis, while investigation into motives remains important for the purposes of conditioning individuals--both the particular individual involved in the crime and everyone else who is aware the crime has been committed and is aware of the negative conditioning consequent upon it--it doesn't seem to me that how we feel about someone being treated a particular way ought to come into sentencing. The only guideline ought to be the effect of the negative conditioning on the likelihood that similar crimes will be committed again, either by the same person or by others.

      Letting people out of jail time based on their genetic makeup just doesn't make any sense in this view, any more than it would make sense to give an average person who had committed a violent crime even more jail-time simply because they had taken an anger-management course at some point and therefore might be expected to be able to have a greater-than-average degree of control over their violent impulses.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    2. Re:Right... by dissy · · Score: 3, Interesting

      So when someone says, "A murderer deserves life imprisonment" what they mean is "I would feel better if that person was put in prison for life." I don't really see why people's feelings should be the basis for the criminal law system.

      After you get stabbed 12 times, I'm pretty sure your pain receptors will cause a feeling of not wanting that to happen again (At least to yourself, if not to anyone else)

    3. Re:Right... by Anonymous Coward · · Score: 0

      You managed to miss the whole point of the GP: Feeling that someone should be punished, however justified that feeling is, does not equate to the best course of action. Even though you might feel better if the stabber goes to jail, it may well be better for society to send him to a mental institution for rehabilitation, for instance.

    4. Re:Right... by Rockoon · · Score: 1

      ....or hang him at high noon.

      --
      "His name was James Damore."
  10. Overlooking the fact by quatin · · Score: 1

    That he got only 9 years for murder? That will rehabilitate him? People have gotten longer sentences for stealing cars. I suggest when the guy is released from prison, he be given residence next to the judges house.

    1. Re:Overlooking the fact by nomadic · · Score: 1

      That he got only 9 years for murder? That will rehabilitate him? People have gotten longer sentences for stealing cars. I suggest when the guy is released from prison, he be given residence next to the judges house.

      Eh, it's Europe, they tend to give light sentences over there.

    2. Re:Overlooking the fact by solaraddict · · Score: 1

      Eh, it's Europe, they tend to give light sentences over there.

      Eh, it depends on the country, and eh, not really. This looks more like a variation on the "me-not-responsible-devil-made-me-do-it" theme.

    3. Re:Overlooking the fact by adonoman · · Score: 3, Interesting

      It seems to be working, Italy has an annual murder rate of 1.05 per 100,000 people. The US, with it's much longer sentences and the death penalty still used on occasion is up at 5.8 per 100,000. Correlation != causation, blah blah blah, but liberal western Europe has consistently low crime rates. Of course, if you look at the list, the real correlation behind crime is poverty. Western Europe, the various Oil rich nations and other countries with strong welfare system have lower crime. The countries where government support for the poor is slim to non-existent, or those where the government is essentially non-existent have high crime rates.

    4. Re:Overlooking the fact by mcgrew · · Score: 1

      That he got only 9 years for murder? That will rehabilitate him? People have gotten longer sentences for stealing cars.

      I know a man (a close friend's brother) who spent five years of a ten year sentence in federal prison for "conspiring to sell cocaine". The biggest dope dealer in Cahokia got busted and turned state's evidence against everyone he knew, doper or not. Most of my ex-wife's high school graduating class went to prison.

      The cops had him call people he knew and ask to borrow $1000. "It's so I can buy some coke to raise money for my legal fees. I'll pay you double next week." My friend's brother took the bait and loaned him the cash, not realising that he was committing a federal crime.

      When I first moved to Springfield, I'd made friends with a young cab driver who was shot and killed by someone trying to rob him. The murder cherges were dropped, the guy that killed my friend only spent two years in prison for the armed robbery.

      An armed robery that results in a man's death gets two years, and another man spends five years on Club Fed for loaning someone money. Justice?

    5. Re:Overlooking the fact by Anonymous Coward · · Score: 0

      Perhaps Italy just has fewer people with violent genes. Imagine the directions that using knowledge of genes in this way will take us.

    6. Re:Overlooking the fact by Anonymous Coward · · Score: 0

      It seems to be working, Italy has an annual murder rate of 1.05 per 100,000 people. The US, with it's much longer sentences and the death penalty still used on occasion is up at 5.8 per 100,000.

      Correlation != causation, blah blah blah, but liberal western Europe has consistently low crime rates. Of course, if you look at the list, the real correlation behind crime is poverty. Western Europe, the various Oil rich nations and other countries with strong welfare system have lower crime. The countries where government support for the poor is slim to non-existent, or those where the government is essentially non-existent have high crime rates.

      Which is why Africa is the kumbaya paradise everyone longs to live.

  11. May be a slippery slope? by arbiterveritas · · Score: 1

    I find this a bit ridiculous. I really don't care if you have a genetic predisposition to being aggressive. I don't even care if the voices in your head are telling you to cut people into little strips and make belts out of them. The key is that when you *act* on those things and violate the rules society has, you are going to be punished. Then again, this happened in Italy. As a citizen of the US, I'm not terribly worried.

  12. Not a good way to handle predisposition by Improv · · Score: 1

    When we have inherent individual faults of some kind, it would be better to have society expect us to strive to overcome them. A mens rea is a big part of crime, but the effects of this kind of biological difference threaten to make grey a matter that the law (and society) relies on being reasonably clear - whether people are to be judged responsible for their actions. If people are drugged through no fault of their own, are insane, or are in a situation where they have little other choice, we may be lenient or forgive certain acts, and if crimes are part of a culture of abuse (gang violence, racial violence) we may judge them more harshly than normal, but accepting genetic inclinations to violence is going too far and is not something we should accept.

    Either he requires meds and is responsible for not having had them, he should've been the ward of the state all along, or he's fully responsible.

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
  13. Fat Gene? by Caviller · · Score: 2, Interesting

    I have the fat gene....can i get a discount from McDonald's then since the gene is causing me to spend more money on food then i can afford?

    1. Re:Fat Gene? by solaraddict · · Score: 1

      If by "getting a discount" you mean "sue the pants off them after the fact", the answer may be "yes". This is now a (first-)world-wide phenomenon best described as "I'm only responsible for my actions when I feel like it, otherwise I'll use {the devil|my genes|the society|the Internet|the weather} as a defense." Unfortunately, it works, thus affirming the meme.

  14. Ah... do you smell that? by NeutronCowboy · · Score: 4, Insightful

    It's the smell of free will going out the window, courtesy of people thinking that gene==unable to overcome that impulse. And with free will out the window, there's no liability. And with no liability... well, the court system we have is completely unworkable.

    I was wondering when that issue was going to crop up. Thankfully, Italy seems bound to test just how much of a disaster that road will be.

    The only solution to this is to ignore genetic predisposition when judging a convicted criminal.

    Or, to put it differently: we have no choice but to believe in free will. Our society depends on it.

    --
    Those who can, do. Those who can't, sue.
    1. Re:Ah... do you smell that? by fuzzyfuzzyfungus · · Score: 1

      Is making an empirically questionable premise, taken on faith, the foundation of your society really a good idea?

      Beyond that, it isn't even the "only solution". Just as, today, our justice system is extremely interested in parsing out "intent"(premeditated vs. non-premeditated, accidental vs. negligent vs. willfully negligent, etc.) you could easily enough imagine a system based instead on parsing out behavioral disposition. We already take some classes of mitigating factors and aggravating factors into account in sentencing(and parole hearings are more or less explicitly about judging potential danger/disposition).

      The notion that, if we don't cling to the moral agency model, all society will fall apart in a maelstrom of liberal depravity is rhetorically powerful; but it is also nonsense. A system based on an empirical understanding of human psychology, rather than an ill-codified mass of folk psychology and emotive moralizing should, in fact, work even better.

      Now, I think that the judge did the wrong thing. A murderer with an aggression problem is more dangerous, not less guilty, but the idea of just sticking our heads in the sand and ignoring what genetic study has to tell us is pathetic.

    2. Re:Ah... do you smell that? by NeutronCowboy · · Score: 1

      No, you misunderstood. The problem isn't liberal depravity. The problem is that this approach removes intent, and replaces it with "genes did it". Yes, it's an exaggeration, and even the Italian judge didn't go all the way on this.

      Here's the problem with this approach: it is possible to tie a genetic predisposition to pretty much anything these days. And from what I know about the cognitive sciences area, more and more genes are found to influence more and more behaviors. The end game here is that pretty much any illegal action can at some point be tied to a genetic predisposition. This has two consequences:

      1) it reduces a person's liability. As you correctly pointed, our legal system is big on intent. But with genes controlling your behavior, you are less and less responsible for your behavior, and are less and less able to form an intent that is independent of their influence. I.e., loss of free will, and loss of legal liability.

      2) it also means that pre-crime becomes a natural extension of the legal system. If you know someone is predisposed to violence, shouldn't something be done beforehand? If you get a gene that codes for sociopathy and aggressive behavior, should these people be locked up before they commit a crime? Because after they commit a crime, they can point to their genes and say "Really, I had no choice." If they had no choice when they committed the crime, they shouldn't be allowed to be in a situation where they will be exposed to an opportunity to commit that crime. I.e., pre-emptive lock-up.

      You're right, just assuming free will isn't the only solution. But allowing for genetic predispositions to temper liability is a very dangerous path to go down, and the simple alternative - assuming free will as an axiom - is already built-in into western society.

      --
      Those who can, do. Those who can't, sue.
    3. Re:Ah... do you smell that? by smellsofbikes · · Score: 1
      While I agree with the general idea behind your statement, it's not as clear as just overcoming impulses. If it were, you could just tell people with clinical depression to "just cheer up!" or schizophrenics "just stop listening to those voices in your head!" Or, as a particularly horrible example, people with Tay-Sachs disease who have been known to beg to be tied back up so they will stop chewing off their own fingers, and go back to just chewing off their own lips. They are absolutely unable to control their own impulses.

      It's easy to say "just learn to control your impulses." The point with this guy is he is genetically less able to "just control his impulses" than other people, so if we presume that at some threshhold, every person will act impulsively rather than rationally, this guy hits that threshhold before most other people do.

      So then we get to the meat of the question: what's the purpose of prison? A lot of people believe it's to punish wrongdoers, some people believe it's to rehabilitate wrongdoers, and some people believe it's to keep wrongdoers off the street so they can't do wrong again. If you're in the 'punishment' camp, you'll come to the conclusion that it doesn't matter whether the guy has the gene or not, just what he did. If you're a rehabilitation person, you'll probably assume that he's less guilty, because he's less able to resist impulse, and as such should be rehabilitated and let out. If you're a keep-wrongdoers-locked-up, you'll decide this guy should be locked up for as long as possible, for exactly the same reason the rehabilitation people think he should be let out more quickly.

      --
      Nostalgia's not what it used to be.
    4. Re:Ah... do you smell that? by gedrin · · Score: 1

      Alternatively, our society is threatened by the notion that human beings are capable of free will and not just a product of their physical environment. It really kinda depends on your perspective. After all, if you think you can engineer a better person through giving them the right stuff, you don't need free will. You just need enough control to make sure you can place people in the physical environments you desire.

      --
      Moderation : -1 Conservative Viewpoint
    5. Re:Ah... do you smell that? by NeutronCowboy · · Score: 1

      You're completely right, and I'm not advocating that this approach should be the basis for everything we do. But it should be the basis for the legal system, because otherwise, your entire path through society will solely be determined by your genetic make-up. And I don't care much for that.

      As for the purpose of prisons... I believe in rehab, but understand that rehab is hard, and just locking people up is easy. Furthermore, rehab isn't about letting people out early - it's making sure that when you do let them out, they're less likely to do the same thing again. But to some extent, that's an entirely different discussion, where the central problem is how to go about rehabilitation, and how to measure its effectiveness before letting people back out.

      --
      Those who can, do. Those who can't, sue.
    6. Re:Ah... do you smell that? by ookabooka · · Score: 1

      Even for the mentally ill? One could argue that his brain simply works differently than yours or mine. I'm not saying I agree with the decision, I'm just curious where the line should be drawn.

      --
      If you are about to mod me down, keep in mind that this post was most likely sarcastic.
    7. Re:Ah... do you smell that? by JesseMcDonald · · Score: 1

      The notion that, if we don't cling to the moral agency model, all society will fall apart in a maelstrom of liberal depravity is rhetorically powerful; but it is also nonsense. A system based on an empirical understanding of human psychology, rather than an ill-codified mass of folk psychology and emotive moralizing should, in fact, work even better.

      The thing is, if you don't assume free will then there are no decisions to be made. The apparent ability to make decisions is nothing more than an illusion. The system simply is what it is, and "attempting" to change it is pointless. If you're going to argue that a specific system is better, and that we should strive to adopt that system, then only if free will exists does your argument have any meaning.

      I do agree that genetics should be included in considerations of intent and recidivism. There are two aspects involved in any case: restitution and retribution. The first depends only on the damage inflicted, for which intent is irrelevant. The second only applies if the damage results from an intentional violation of another's rights, and it is here that genetics plays a part.

      Personally, I think the determination of free will or predestination should be up to the individual accused. If they claim free will then they are also accepting personal responsibility for their actions. If they claim predestination then they have no personal responsibility, but they are also not protected by the possibility of rehabilitation; they are to be treated as a dangerous animal or machine, with no rights of their own. Their normal rights of self-ownership effectively become abandoned property, and can be claimed by anyone (but most likely the one injured). At that point no punishment is out-of-bounds.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    8. Re:Ah... do you smell that? by dferrantino · · Score: 1

      The obvious solution is to scan every fetus's genetic predispositions and abort the ones we don't want.

    9. Re:Ah... do you smell that? by smellsofbikes · · Score: 1
      I think the problem is the nearly impractical one of determining intent. I dunno if you ever saw the movie Mad Max. The bad guy, near the end, basically says "I can't help what I do: society made me do it" and the hero (such as he is) says "that doesn't excuse what you did." If this guy did what he did because he couldn't help it, that's one kettle of fish. If he did it just because it seemed to him like he'd probably get away with it, that's a different kettle. (And, in the unlikely event that he did it knowing he had a chance of getting off easy on the 'genetic bias', well, that's a whole cauldron of fish, and I don't think we can discount the moral hazard of giving people the realization that they can game the legal system by claiming genetic bias towards wrongdoing.)

      I'm a rehab-favoring person myself, but I can certainly understand a purely evidence-based program (for lack of a better term) where you base the sentence on how heinous the crime was. We presume that a decent justice system has at least a first phase of 'guilty or not guilty' and a second phase of 'if guilty, what were the circumstances and how does that affect the sentencing', and perhaps this is a call for a third phase of 'what was the intent, and does that mean we should aim for rehab or aim for just keeping this person off the street?'

      By the way, I meant Lesch-Nyhan Syndrome, not Tay-Sachs. T-S is horrible, but L-N is the one that makes me question what volition means in humans.

      --
      Nostalgia's not what it used to be.
    10. Re:Ah... do you smell that? by SecurityGuy · · Score: 1

      Ah, and the wonderful thing is:

      If there is free will, then choosing to believe in it is correct.
      If there isn't, whether we choose to believe in it or not, we can rest assured we didn't really make the choice anyway.

    11. Re:Ah... do you smell that? by H0p313ss · · Score: 1

      ... we have no choice but to believe in free will. Our society depends on it.

      Quite possibly the most insightful comment I've ever seen on Slashdot.

      --
      XML is a known as a key material required to create SMD: Software of Mass Destruction
    12. Re:Ah... do you smell that? by NeutronCowboy · · Score: 1

      Thanks for clarifying the syndrome name - I was reading the entry and couldn't figure out what the connection was. :) As for volition, my favorite counter-example is that of anchor values - the strong correlation that exists between someone being exposed to an arbitrary number that then influences the selection of another arbitrary number. Subtle, but weird.

      As for your proposed idea - I can get on board with that. But it would have to be part of the rehabilitation process, with only a minimal impact on the sentencing process. I don't think the judge in question understands where he is going with his approach.

      --
      Those who can, do. Those who can't, sue.
    13. Re:Ah... do you smell that? by MenThal · · Score: 1

      It's the smell of free will going out the window, courtesy of people thinking that gene==unable to overcome that impulse. And with free will out the window, there's no liability. And with no liability... well, the court system we have is completely unworkable.

      A man is presented before the court, accused of murder. He pleads not guilty due to determinism, and adresses the court.

      "All things that happen are the direct consequence of events preceding it. Like balls on a pool table. And with such a miserable childhood and social stature as mine, any man like me would have done as me, and ended up killing. So, I am not at fault and cannot be held responsible for my actions."

      The female judge is not amused and retorts. "While you argument may be valid and logical, it must apply to all if it is true. If so, I am also a product of determinism. My upbringing, my morals, my choice of career. In fact, even the inner strength I have to quell the impulse to have you put to death for your horrible actions are all but swirling marbles on the table of the universe. So, you see, I am bound as much as you by determinism when I seemingly, but not really, freely sentence you to life without parole."

    14. Re:Ah... do you smell that? by orngjce223 · · Score: 1

      Q: What if said fetus was also a potential genius?

      --
      Note: I was 13 when I wrote most of this. Take with several grains of salt.
  15. In some countries like Latvia people go to jail by HollyMolly-1122 · · Score: 1, Insightful

    In some countries like Latvia people go to jail if they are caught driving with relatively small amount of alchohol in their blood. That's called prevention measures against car accidents. Isn't that a good prevention measure to find those with higher aggression level in their genes ? Let's say: force those parents to stay in jail who born such a child ? In nowedays it can be definitely true measured! All this recalls me a good movie I saw some years ago about what would we see in near future: GATTACA (1997) music - Michael Nyman http://www.youtube.com/watch?v=u9fcHHOCBDg

  16. Practical Usage by Lueseiseki · · Score: 2, Insightful

    Both of my grandpas are terribly addicted alcoholics, and my father is a regular drinker. I've been charged with underaged drinking before, so does this mean I couldn't really help it? ;)

    1. Re:Practical Usage by Anonymous Coward · · Score: 1, Insightful

      Of course - it also means that if you happen to kill someone while drinking and driving - you will receive a reduced sentence due to the fact you are pre-disposed to the condition. You will likely get a pat on the back from MADD for *only* killing 1 person instead of 10.

      Congratulations - you have a free pass.

    2. Re:Practical Usage by aicrules · · Score: 1

      Actually yeah, you could use that to get your sentence/penalty reduced or commuted, though it would likely be at the inverse change to amount of court mandated therapy.

    3. Re:Practical Usage by mcgrew · · Score: 1

      Poor Tami, she's part Irish, part German, and part native American. The German part wants beer, the Irish part wants whiskey, and the Native part can't drink!

      Lucky for me I'm mostly of Irish desent, so I have an excuse to get shitfaced. ;)

  17. Oh, I see. by EkriirkE · · Score: 1

    Have a propensity for murder? Get released earlier!

    --
    from 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    to 45 2F 6E 40 3C DF 10 71 4E 41 DF AA 25 7D 31 3F
  18. Liberal europe by Viol8 · · Score: 0, Troll

    Unfortunately here in a number of countries in europe the judiciary has swallowed the liberal rehabilitation BS hook line and sinker. They and the politicians seem to believe that criminals are all just misunderstood little angels who if only given a chance would shine and all become rocket scientists or whatever pathetic fucking fantasy they have in mind this week. Punishment is seen as a dirty word by this liberal elite and so we get these sorts of absurd situations and if they can blame the scums behaviour on his genetics then even more reason not to give him some nasty punishment. Its not his fault after all, right?

    Its a prime example of the state completely ignoring the wishes of the people.

    1. Re:Liberal europe by XSpud · · Score: 1

      This situation is not a good example of rehabilitation being seen as more important than punishment - in fact it's the opposite.

      This person could be expected to take longer to rehabilitate than average so the sentence should be longer if that was the overriding concern. It's looking at criminal acts in terms of morality that leads to reduced sentences like this.

    2. Re:Liberal europe by SomeKDEUser · · Score: 1

      And how does the crime rate correlate to the severity of sentences? Is it the role of the governments to protect the public, or simply to follow what the mob seems to want, never mind that it is absurd, destructive, dangerous, or sometimes simply evil?

      The wish of the people are to be respected, certainly, but what if the people wishes for duels to the death to be legal?

    3. Re:Liberal europe by Anonymous Coward · · Score: 0

      We "liberal elites" (including the judiciary, which I very much hope is elite--incompetence in such a position is unforgivable) simply understand that punishment isn't effective for deterring behaviour. Over half a century of research and the evidence therefrom has shown (NB: behaviorism), reinforcement is the most effective way of doing so. Punishing a behaviour simply leads to the punished avoiding specific factors of the one instance of the behaviour which was prosecuted, continuing to perform the behaviour in a different setting and/or avoiding specifics which lead to the punishment.

      tl;dr: strawman, poisoning the well, punishment is ineffective.

    4. Re:Liberal europe by Viol8 · · Score: 1

      Punishment is there to punish. Why is this such a difficult concept for you people? Theres more to justice than rehabilitating the criminals. If someone attacked a member of my family I'd want to bastard to suffer before some hand wringing bleeding heart tries to re-adjust him to social norms.

    5. Re:Liberal europe by Anonymous Coward · · Score: 0

      Why is this such a difficult concept for you people?

      It isn't a difficult concept. It's simply that being ethical people, it is hard for us to fathom anyone being so savage as to internalise such a belief, or to submit to such instincts.

      Surely now that we understand evolutionary psychology to some degree, we should use that understanding to eliminate the unnecessary evils therefrom? We certainly don't need to follow such base instincts in this day and age.

  19. I wonder by Vinegar+Joe · · Score: 0, Troll

    What a single round of .45 ACP JHP in the back of the head would do to his genetic makeup?

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re:I wonder by Overzeetop · · Score: 1

      It wouldn't alter it, but it would certainly keep him from passing it on to offspring...

      --
      Is it just my observation, or are there way too many stupid people in the world?
  20. Junk science! The judge should have read this 1st by jcwren · · Score: 1

    http://www.boingboing.net/2009/11/04/love-of-shopping-is.html

    And I agree with a previous comment that he should have gotten an INCREASED sentence, since clearly we can't allow someone who has no control over themselves loose in public.

  21. Huh... by mea37 · · Score: 1

    So if we can explain why you are who you are, then you are no longer responsible for being who you are? Neat.

  22. Makes sense, sort of by Thyamine · · Score: 1

    Given punishments for crimes where judgment is impaired, this makes sense. I don't know that I can agree though. For example, if your are driving drunk in a car and kill someone, that carries a different sentence than being sober and killing someone, in or out of the car. Circumstances dictate different sentences, which they should. In theory, genetic dispositions are not something you can control so could actually require more consideration than drinking. I do think personal judgment should override that however. You can't just get angry and start murdering people because you have an excuse in your genes.

    --
    I will shred my adversaries. Pull their eyes out just enough to turn them towards their mewing, mutilated faces. Illyria
  23. Legal system by Anonymous Coward · · Score: 0

    The legal system shouldn't reduce sentences on account of inevitability or propensity or genetic disposition.

  24. I'm ok with this ... by LoudMusic · · Score: 1

    I'm ok with this, so long as the genes are removed from the pool.

    How about, "You have bad genes and we're so empathetic that we're lowering your punishment. And because we don't want anyone else to suffer like you do, we're preventing you from procreating."

    I think I could get behind that.

    --
    No sig for you. YOU GET NO SIG!
    1. Re:I'm ok with this ... by Anonymous Coward · · Score: 0

      The bottom line of this is that people assume that gene's ultimately drive an individual. I know this isn't the case as you are free to make choice's and this person made a choice no matter his pre-disposition.

    2. Re:I'm ok with this ... by Anonymous Coward · · Score: 0

      I'm ok with this, so long as the genes are removed from the pool.

      How about, "You have bad genes and we're so empathetic that we're lowering your punishment. And because we don't want anyone else to suffer like you do, we're preventing you from procreating."

      I think I could get behind that.

      that is genius, give them the choice of full punishment or reduced punishment and a vasectomy

    3. Re:I'm ok with this ... by jridley · · Score: 1

      Castration instead of vasectomy would actually help those violent tendencies. Drop their testosterone levels RIGHT down.

    4. Re:I'm ok with this ... by Valdrax · · Score: 1

      What do you do if he's already procreated? Punish his children?

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  25. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  26. Behavior is often linked to biology by erroneus · · Score: 1

    As often as we try to "cut the heads off of people" by separating the mind/brain from the rest of the body, we really can't. They are inseparable. We have an abundance of evidence that shows, for example, that homosexuality is not the "choice" that many assert it is and occurs among animals other than humans as well. Some people are quite naturally more aggressive than others and that, in fact, it can be modified through various chemical means.

    It would be much more convenient if we could simple blame people for their behvior, their desires and their inclinations, but reality shows undeniable links between biology and behavior and it needs to be factored in. We do not "blame" wild animals for their behaviors because we accept wild animals for what they are. Humans are still animals. While we have enhanced capability to manage our behavior through conscious decision making, our ability to control ourselves is not 100% and certainly varies from person to person with links to inherited genetic traits. Failure to acknowledge and factor in these facts is foolish, in my opinion.

    When managing society, failing to account for the reality of who/what humans are misses the opportunity to build the best balance and management systems possible. Without question, society needs to be able to protect itself from dangerous individuals. Dangerous individuals, however, also deserve to be aware of their weakness or deficiency so that they can take compensatory measures so that he may better co-exist with society.

    In a conflict between ideology and nature, I have observed that nature wins 100% of the time. You can't will nature into changing to meet ideology, after all.

    1. Re:Behavior is often linked to biology by gedrin · · Score: 1

      I'm afraid I can't endorse your position that we shold construct management systems in our society to protect us from people in certain genetic groups. I'm unable to formulate a further critique without violating Godwin's Law.

      --
      Moderation : -1 Conservative Viewpoint
    2. Re:Behavior is often linked to biology by Anonymous Coward · · Score: 0

      talk like that will get you thrown right out of the sociology department...unless it gets minorities reduced sentences.

  27. Why can it only be one? by crmarvin42 · · Score: 5, Insightful

    Prisons serve all three roles. Their existance is ment to be a deterrent to those that have not broken the law, punishment for those that have already broken the law, and protection of the rest of society from those who've demonstrated a willingness to break the law. The nature of the crime will effect to what extent the sentencing is intended to act as a punshment or protective role.

    Sentencing of Blue and White colar criminals are going to be aimed at punishment and a warning to others that may be tempted to perpetrate similar acts (embezlement, breaking and entering, etc.). The ancillary effects of incarceration (loss of job, being ostrasized by friends/family, difficulty finding a job post incarceration) are as much part of the punishement as the actuall time spent in prison.

    The sentencing of violent offenders is going to be targeted more at punishing the perpetrator and protecting the innocent. That's why they tend to have longer sentences and are locked up in higher security facilities than their blue collar compatriots. Rehabilitation is more important, but less successful with certain groups of violent criminals and thus they serve longer sentences and are occationally euthanized by the state (depending on where they are incarcerated).

    The death penalty is the ultimate in both punishment of the criminal and protection of society, and IMO not to be used lightly. It should never be used for those that have not proven themselves to be violently dangerous to the rest of society (ie tax fraud doesn't deserve a needle, but repeated homocides does).

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    1. Re:Why can it only be one? by Anonymous Coward · · Score: 0

      I suppose you'd indirectly kill more people by stealing billions from taxpayers than if you'd actually go out in the street with an AK47.

    2. Re:Why can it only be one? by Tim+C · · Score: 1

      But the intent matters; most people who steal money don't intend for people to die. The same is definitely not true of your gunman.

    3. Re:Why can it only be one? by Anonymous Coward · · Score: 0

      But the intent matters; most people who steal money don't intend for people to die. The same is definitely not true of your gunman.

      True but harm to others is often either intentional or acknowledged but ignorned for white collar crimes. While I don't contend that these crimes should have the death penalty, I often wonder why large scale fraud or embezzelment practitionares normally do not get similar sentences (i.e. in proportion of the value of what was taken) to that of non-violent forms of physical theft. For example common sentences for auto-theft are often the same length or more than for 8+ figure embelezzent, even when the total harm done to the victim(s) and general society is usually much greater in the latter.

  28. imagine sentence for leaving light on overnight by peter303 · · Score: 1

    And adding a couple extra pounds of carbon to the air. Probably worse than this if you believe all the climate hysteria on the other side of the ocean.

  29. Not Fair by donnacha · · Score: 3, Informative

    I have a gene variant linked to tickling policemen and, yet, they throw the book at me every time.

    1. Re:Not Fair by Anonymous Coward · · Score: 0

      Your wife/husband is a policeman?

    2. Re:Not Fair by Hurricane78 · · Score: 1

      Policemen with books? Which planet are we talking about again?

      Next you tell my, the employees of the TSA and the international bouncers association founded a high-IQ club for the pursuit of fairness and research on progressive moral values... ;)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
  30. Implications for gay marriage? by Late+Adopter · · Score: 1

    There are those who suggest that homosexuality isn't a choice, but a strong genetic predisposition. If one can choose not to be homosexual, they are at core the same as everyone else, and then gay marriage laws aren't discriminating against people, but behavior. Granted the behavior discriminated on is a silly and unnecessary distinction when judging marriages (homosexual couples have demonstrated they can raise children, have stable households, contribute positively to society), but it's no longer a civil rights issue.

    Is this a road we want to go down? Surely there must be some consideration for genetic predispositions.

    1. Re:Implications for gay marriage? by gedrin · · Score: 1

      Is the argument here that homosexual genes exist and are passed on to their decendents? Or is the argument that a genetic marker exists that promotes homosexuality and that has managed to be passed on to the decendents of homosexuals? If either of these are true, we'll probably have to start artifically breeding gay people or start forcing them to have hetero relationships. Otherwise allowing them to not have hetero relationships and just letting them do the gay thing will result in their extinction in fairly short order what with them not passing on the homosexual genes.

      --
      Moderation : -1 Conservative Viewpoint
    2. Re:Implications for gay marriage? by lymond01 · · Score: 1

      There are those who suggest that homosexuality isn't a choice, but a strong genetic predisposition.

      You mean the people who don't listen to Rush Limbaugh and Glen Beck and are not the Iranian president.

      If we are chemical beings which, Paranormal Activity notwithstanding, seems likely, then the playing field is simply leveled. You either did it, or didn't do it, and motives be damned because it was preordained in your genetic structure that you had a predisposition to kill. Maybe get ahead of the game and screen for that gene. Abort the fetuses that have it.

      While we're at it, I think the Alliance is working on an air additive that will calm the populace in general, and possibly counteract any violent tendencies brought on by genetic traits. What could possibly go wrong?

    3. Re:Implications for gay marriage? by Anonymous Coward · · Score: 0

      Perhaps the homosexual men can be sperm donors for lesbians.

    4. Re:Implications for gay marriage? by ElectricTurtle · · Score: 1

      A genetic predisposition is not in of itself an action. I myself am unashamedly bisexual, but I have not had sexual contact with other men. That's a personal decision (mostly sourced in the convenience of taking the easy way out with regard to my family and how they would react). Genes may determine to whom you're attracted, but ultimately people decide for themselves how to act on that attraction.

      I do support gay marriage without any reservations, and think that there is no reason why GLBTs should be hindered from living the way their genes lean them because they are within the realm of consenting adults. However, there are less savory applications of this scenario like pedophilia, or as in this case, violence. There are genetic predispositions toward actions that are and should remain illegal. It may be uncomfortable for genetic pedophiles and the violence-inclined, but so be it.

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
    5. Re:Implications for gay marriage? by david_thornley · · Score: 1

      I've been angry at people and decided not to hurt them. It's something that looks to me like a choice. I've gotten better about not even being tempted to hurt people.

      On the other hand, I never decided on what I wanted for sexual orientation. The people I was sexually attracted to, by nature or coincidence, were all female. I had no choice about it. This hasn't changed since my first crush, and I'm not at all sure it would be possible to change it.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    6. Re:Implications for gay marriage? by Anonymous Coward · · Score: 0

      Ultimately, the issue of gay marriage is about if you allow them to have the same monetary and social incentives that normal marriages have to encourage reproduction and raise the birth rate of the country. Most gay supporters say that this is a given because they should be treated equal, but that is the same claim than those people that want the same salary for all workers regardless of context. But even though it sounds great to many, it's still bullshit and a fraud that ultimately hurts everyone.

      Actually, most of the reasonable benefits that could be achieved with gay marriage (legal security and so) can be obtained right now using a mere legal contract, no need of changing the law.

      My opinion? because homosexuality cannot be verified and their lobbies fiercely oppose any attempt at it, the best course of action is not to pass any law favouring them until it can be proven without doubt if a person is homosexual or just fakes it.

  31. Italian justice by bored_lurker · · Score: 1

    I am not sure this isn't because of the odd Italian justice system. If you want to get a better understanding of the justice system in Italy read the Monster of Florence by Douglas Preston. It is a fascinating read on a serial killer that ran wild from the 60s to the 80s.

    What you will learn is that the Italian system is no where near what you would expect a civilized country to have. The prosecutor discarded the idea that it was a single serial killer killing couple and mutilating them for the notion that a Satanic cult was doing it. Anyone who tried to prove otherwise soon became accused of being part of the Satanic cult making the whole event look like the Salem Witch Trials. Preston himself got accused, even though he did not arrive in Italy until the 90s.

    The worst part - the judge bought that non-sense. And as an interesting side note the same judge became involved with the Amanda Knox case (the American accused of murdering her room mate). What did they come up with in that case? That the victim died as part of "some kind of Satanic rite, with Amanda allegedly first touching Meredith with the point of a knife, then slitting her throat." It would be funny if it wasn't a court of law.

    In the end it made me understand that what would never stand up in court in other western courts can happen in Italy - it just does not surprise me.

    --
    --- Tolerance is the axiomatic "virtue" of those without convictions ---
    1. Re:Italian justice by LanMan04 · · Score: 1

      Italy is crazy, it's like a country from South America transplanted to southern Europe.

      Then again, I have a theory that counties closer the the equator are almost always more corrupt/illogical than those at higher latitudes, but I digress.

      --
      With the first link, the chain is forged.
    2. Re:Italian justice by Shin-LaC · · Score: 1

      Because we've never read stories of egregious mishandling of justice in America or other countries, right?

  32. More Time, Not Less by MBCook · · Score: 1

    OK, let's say that this is true and it isn't this guy's fault that he's more likely to hurt/kill people (note: pure bunk).

    So that means that he is more dangerous than the average felon, because he can control himself less.

    Does that mean he should be put away for more time to protect society from his increased danger?

    "Agression Genes": Because more dangerous genes means you need to be able to get to commit crimes you can't stop yourself from doing sooner!

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:More Time, Not Less by ceoyoyo · · Score: 1

      "OK, let's say that this is true and it isn't this guy's fault that he's more likely to hurt/kill people (note: pure bunk)."

      It's not bunk. There is ample evidence that genetic factors can affect behaviour. Note: affect, not effect. Genetic factors can predispose you to violence but they do not cause you to be violent.

      And absolutely, if you carry a predisposition to violence and have both demonstrated that you are incapable of overcoming that predisposition and also claim that you do not believe you can overcome that predisposition, you should be considered harder to rehabilitate.

  33. Vi! by niko9 · · Score: 1

    So remember emacs users, it's really not your fault!

    Ducks...

  34. Not surprising... by HockeyPuck · · Score: 2, Insightful

    Society has been on a tear lately always looking to avoid personal responsibility and blame someone (or in this case, something else). For example,

    --Kids aren't hyperactive or have too much energy. They have ADD and require Ritalin.
    --Why isn't my kid cut out to do Algebra in 2nd grade? It's not that he/she might have a disposition for the arts, but that I need to blame the school and the teachers.
    --"The Man" is holding me down. I find it odd that at my Fortune 500 company the "White male" is not the majority of VPs.
    --I'm not fat, it's just that I have a genetic disposition to eat tons of crappy food and avoid exercise. My genes make me buy ice cream and not even take a 10minute walk around the neighborhood every day.
    --I can't get a date b/c I have a genetic disposition to be single, and not because I want to date Hawaiian Tropic models and I look like Bill Gates and dress like a slob.

    Damnit people, take a bit of responsibility, there's millions of cases out there of people finding their niche and succeeding or overcoming their obstacles to obtain greatness. I don't recall all the immigrants that came through Ellis Island in the early 1900s saying, "I can't be anything" and blamed everyone else.

    There used to be an expression, "When the going gets tough, the tough get going." I think to many people this now has become, "When the going gets tough, blame someone else."

    1. Re:Not surprising... by Fastfwd · · Score: 1

      Society has been on a tear lately always looking to avoid personal responsibility and blame someone (or in this case, something else). For example,

      --Kids aren't hyperactive or have too much energy. They have ADD and require Ritalin.
      --Why isn't my kid cut out to do Algebra in 2nd grade? It's not that he/she might have a disposition for the arts, but that I need to blame the school and the teachers.

      Especially bad since in some cases they will blame a biological process and in other cases society. whatever they can blame it on without sticking to a single ideal.

    2. Re:Not surprising... by HockeyPuck · · Score: 1

      It's especially bad out here in the SanFrancisco area where every middle/upper-class parent is trying to "put a square peg in a round hole" by making all these kids math/sciences experts but I almost never see parents pushing kids in the direction of arts/music (except for the forced piano/violin lessons). Sports?

  35. But... by Chris+Mattern · · Score: 3, Insightful

    ...don't we need to keep him locked up *longer*, since he's more likely to do it again?

    1. Re:But... by Dread_ed · · Score: 1

      More precisely: Don't we need to keep him locked up *longer*, since he has already succumbed to his genetic propensity for violence which denotes his mental faculties have been proven insufficient to the task of controlling his violent bio-chemical heritage?

      Actually, now that I see it in black and white, yours is better.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  36. Gattaca by Bardez · · Score: 1

    No, officer, it couldn't have been me; there's not a violent bone in my body (paraphrased).

    --
    Perception is the thin dividing line between reality and fiction.
  37. Following that line of reasoning... by Zebra_X · · Score: 3, Insightful

    The alcholic who was drunk driving and killed someone should get a reduced sentence?

    1. Re:Following that line of reasoning... by jameskojiro · · Score: 1

      Only Alcoholics who have a genetic predisposition of being alcoholic.....

      --
      Tsukasa: All I really want, is to be left alone...
    2. Re:Following that line of reasoning... by Anonymous Coward · · Score: 0

      Only if he can prove he has a genetic predisposition to driving.

    3. Re:Following that line of reasoning... by Pikkebaas · · Score: 1

      Most addicts have a genetic predisposition toward addiction.

  38. gene's or family history by Anonymous Coward · · Score: 0

    I'm just posing the question - does having the gene predispose you to violence or does the gene mean your from a family where violence is the norm and the behavior is learned from generation to generation?

    Imagine two families one with the "violent gene" and one with out. Studying them you find one family is normally not violent and very lawfull(except, of course, for the few exceptions), while the other family is violent and ruthless(once again except for the few exceptions). Isn't it a case that perhaps it is not the gene but the learned behaviour that causes the trend, and that it is the family that ties it together not the gene.

    Do studies take this into consideration when finding this "violent gene"?

  39. Wrong way? by dissy · · Score: 1

    An appeal court judge in Trieste, Italy, cut Bayout's sentence by a year after finding out he has gene variants linked to aggression.'"

    So the fact it has been proven he has gene expressions linked to aggression, shouldn't that mean his sentence should be RAISED?

    This is a man who proved to others his genes make him dangerous to everyone around him.
    That is exactly what prisons are for. To keep such animals away from human beings.

    Does this mean if he runs at someone, and gets shot for doing so, it is not murder or manslaughter but just 'putting down a rabid dog' which also can't help itself?

  40. Backwards by i-like-burritos · · Score: 1
    If that genetic link is legitimate, then shouldn't that get him a longer sentence?

    Prison has two purposes: removing dangerous people from society until they are no longer a threat, and deterring future crimes. If this guy really is genetically prone to violence, that would make him more dangerous, and it would presumably take longer to determine that he is not a threat to others. The reduced sentence would also give him less incentive to overcome his aggression the next time he's thinking about committing a crime. It's completely backwards.

    Also, reducing the sentence for him might even encourage further crimes by others, whether or not the genetic science is sound. It could give some sense of justification to somebody who's about to commit a crime. For example, just as I'm deciding whether or not to kill somebody, I might think, "It's not my fault I have genes linked to aggression. Hell, they'll even reduce my sentence for it," and then go through with it.

    1. Re:Backwards by JSBiff · · Score: 1

      While I generally agree with most of what you say, I do have a couple points of disagreement. . .

      "Prison has two purposes: removing dangerous people from society until they are no longer a threat. . ."

      We can never really say for sure if someone is still a threat or not. At least in the U.S., recidivism rates are pretty high, which suggests that we have really no idea whether someone is a threat or not. Until such time as we can figure out better ways to determine if people are still a threat or not, we can say that this is not really a purpose of prison. Generally speaking, prison sentences are supposed to in some way be determined by the crime. The worse the crime, the longer the incarceration, in general. So, basically, I think we could say prison's purpose is remove dangerous people from society for a long time, but not "until they are no longer a threat", since we really have no means of determining that.

    2. Re:Backwards by spongman · · Score: 1

      at the very least he should be neutered.

    3. Re:Backwards by spongman · · Score: 1

      (self-reply)

      if his genes are to take part of the blame, then his genes should take part of the punishment, also.

    4. Re:Backwards by jameskojiro · · Score: 1

      There are ways to sterilize folks permanently while retaining their sex hormone levels.

      That and if they ever rape again you won't have to worry about giving the victim a ride to planned parenthood.

      --
      Tsukasa: All I really want, is to be left alone...
  41. Re:8 years? Hate to be ethnocentric but.. by pete6677 · · Score: 2, Interesting

    You've got to remember this is Europe, where they don't believe in punishing people. 9 years for murder is a harsh sentence in most European countries. And then they actually reduce a sentence because the guy is violent; shit, any logically thinking person would use this as a reason to increase it. I'd hate to think what their crime rates will look like 30 years from now.

  42. Yeah, better let this guy out early. by Anonymous Coward · · Score: 0

    Poor guy, just can't help killing someone.

  43. Throw away the key by Capt.DrumkenBum · · Score: 1

    I don't know about anyone else, but I would think that someone with "gene variants linked to aggression" might be someone you would want to keep locked up. Or maybe get them a job working with the UFC.

    --
    If I were God, wouldn't I protect my churches from acts of me?
  44. [Oblig. Star Wars] It's Not My Fault! by siglercm · · Score: 1

    Hey! Who needs personal responsibility when you've got bad genes???

    --
    sigfault (core dumped)
  45. Second point by JSBiff · · Score: 1

    Oh, forgot my second point.

    I honestly don't think sentences should be either longer or shorter based on genetics. While a genetic understanding of a pre-disposition to aggression might be useful in helping to determine treatment/counselling for the convict, it is injust to add extra years beyond what is reasonable for a given crime, just because of a person's genetic makeup, and it's equally unjust to shorten it because of the genetics.

  46. It's important that he get out sooner because: by MarkvW · · Score: 1

    . . . he has the aggression gene and we want people with that gene out in the community with more opportunity for reproduction?

    . . . we like to socialize with aggressive people?

    . . . people with the aggressive gene should be given an aggressive crime discount?

    . . . he is less accountable for aggressive acts that he is predisposed to commit?

    . . . he gets one free aggression discount because of his predisposition?

    . . . the judges had pity on him?

  47. Emacs! by khallow · · Score: 1

    I'm sorry, but I'm genetically disposed to using an awesome text editor.

  48. That's backwards by Locke2005 · · Score: 3, Insightful

    Shouldn't someone with "aggression genes" get a longer sentence, to protect others from his aggressive behavior? Since when has "being an asshole" constituted extenuating circumstances? Oh, that's right -- if you are genetically an asshole, then that's ok! So, all I have to do is prove in court that my father and my grandfather where assholes too, and I can get away with murder? That shouldn't be too hard...

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:That's backwards by TheTrollToll · · Score: 0

      No.. you have to prove that its a genetic trait. Your lineage were likely assholes because of asshole treatment from previous parents due to societal factors. I'm not saying it makes sense.. by the way

    2. Re:That's backwards by TheTrollToll · · Score: 0

      Of course the thing is that after so many generations of assholes perhaps there's an asshole genetic trait that develops that could very well have been created by choices of people.. what to do what to do.... So wait... rock breaks scissors but scissors cuts paper!!!... and paper covers rock... Kif! We have a conundrum.

    3. Re:That's backwards by fyoder · · Score: 1

      The legal system is largely about punishment. It's not appropriate to punish a being for behaving according to its nature. From the perspective of punishment, they were way too hard on this poor agressively predisposed person.

      Personally, I'd like to see us collectively dismiss the idea of punishment as a throwback to a darker time of stocks and gibbets, and focus solely on rehabilitation and protection of the public.

      The only reason to put someone away is that they're a demonstrated danger, and then there must be a sincere attempt at rehabilitation. When they're no longer a danger, they can be released, whether that's after two years or never if they're totally unrehabilitatable.

      --
      Loose lips lose spit.
    4. Re:That's backwards by Locke2005 · · Score: 1

      Classic nature vs. nurture debate -- it doesn't matter which caused it, the point is that I should get a lighter sentence because it's not my fault that I'm an asshole!

      Yes, I'm using reductio ad absurdum to make a point.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    5. Re:That's backwards by misexistentialist · · Score: 1

      Most murderers are unlikely to re-offend. Does that mean they get the lightest sentence, and everyone get's a "get of jail free card" to kill the one person they hate most?

    6. Re:That's backwards by jameskojiro · · Score: 1

      Hey if I genetically predisposed to steal stuff I should be able to go to your house and take your sweet X-Box because you know I couldn't help myself.....

      --
      Tsukasa: All I really want, is to be left alone...
    7. Re:That's backwards by Locke2005 · · Score: 1

      Exactly! And I'm genetically predisposed to rape women, because I have this genetic condition known as "a Y chromasome", so I can't really help myself!

      I'm sorry, but the excuse "I was born that way!" should in no way, shape, or form effect the punishment for a crime. Consequences should be assigned based solely on actions, not excuses. (The corollary is that "I killed him because I hated him", and "I killed him because I hate gay/ethnic/religion/whatever people" should be treated exactly the same under the law.)

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    8. Re:That's backwards by jameskojiro · · Score: 1

      Special rights for some groups is the same as Negative rights for other grups.....

      The Scales of Justice they need to be equal.

      --
      Tsukasa: All I really want, is to be left alone...
    9. Re:That's backwards by fyoder · · Score: 1

      Does that mean they get the lightest sentence, and everyone get's a "get of jail free card" to kill the one person they hate most?

      If it only takes a couple of years before we're sure the murderer understands that killing isn't an option for dealing with people, even hated people, then they get out after a couple of years. Otherwise, no. Most of us don't kill people, even we those we hate, not out of fear of punishment, but because we already understand on a fundamental level that that would be wrong.

      --
      Loose lips lose spit.
    10. Re:That's backwards by Anonymous Coward · · Score: 0

      All the system is backwards. The justice as it stands now is just a different word for revenge, that's why there are situations like this. This guy looks like he's unable to control himself and thus he deserves less revenge. If the justice was based on preserving security and fairness in society, this guy would be locked up or treated and closely monitored until it would be reasonable to believe that he will not commit a murder again.

    11. Re:That's backwards by Locke2005 · · Score: 1

      On reflection, a slight modification to the above stated position: if the crimes are committed as part of a concerted effort to intimidate members of a certain class and deny them their freedoms, then there should be additional penalties. But that should not require the spelling out of any specific "protected classes".

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  49. So it's ridiculous by Vahokif · · Score: 1

    So it's ridiculous when a statistical genetic correlation is taken as an excuse for a lack of self control, but it isn't ridiculous when bulimia and daydreaming get treated with drugs?

  50. Sorry Judge... by gabereiser · · Score: 1

    I beat my kids to death because I have an aggression gene. It's not my fault, but my families breeding habits at work.

  51. Ban it! by morgauxo · · Score: 2, Insightful

    No matter what science learns about our gene's roll in the choices we make I'm for banning this information from the court room.

    I can see both sides of this to an extent. If someone has less control than it is less their fault, etc.. etc.. If someone has less control they are more of a danger to others, etc.. etc... I don't care. I think any information about ones genetic tendencies should be banned from the courtroom. People should be judged based on their own personal decisions, not their genetic makeup.

    Any decisions made based on genes during this generation will effect the genes which get passed to future ones. Those genes must exist for a reason or they would have been selected out ages ago. I wonder how many in law enforcement or the military today have a genetic predisposition for violence? If one country completely eliminated said genes how much of a disadvantage would it be at if another invaded? On the other hand if everyone had them could we keep the peace at all? Nature will keep this in balance. We had better not try.

    On a positive note, I suspect if society can reduce violence by other means then the benefit of having such genes around will drop. Natural selection should reduce them on it's own.

  52. Lock him up again? More? NO! by metrix007 · · Score: 1

    What is wrong with you people all advocating or demanding he be locked up again? This is not we as a society(and especially ./'s who are meant to be a bit more enlightened) should be advocating. Here we have a person who, for all intents and purposes, acted involuntarily. As someone who used to have a violence problem, I know just how hard it can be to gain self control, and not just react without thinking.

    This guy may be a greater danger to society, but we don't just lock him up again because of that. Jesus. On the other hand, we should be aware that he may be a greater danger. The ideal treatment is then therapy, drugs, or perhaps some isolation. But not simply locking him up because it makes everyone else potentially safer.

    --
    If you ignore ACs because they are anonymous - you're an idiot.
    1. Re:Lock him up again? More? NO! by jameskojiro · · Score: 1

      Lock him up until we have reliable treatment to permanently cure him, if we have a treatment that can manage his "behavior illness" then release them on probation and make damn sure they never go off their meds....

      If they come up with a 95%-100% foolproof way of treating genetically aggressive folks then you treat them and hold them for about a year or until they are psychologically rehabilitated and then release them on probation for a few years before letting them live tot heir own devices.

      --
      Tsukasa: All I really want, is to be left alone...
    2. Re:Lock him up again? More? NO! by Rockoon · · Score: 1

      This guy may be a greater danger to society, but we don't just lock him up again because of that.

      Why not?

      Lets take this to the logical conclusion.

      Suppose this persons level of 'greater danger to society' amounted to a 100% chance of a future murder. Surely you would not want to let them out of prison in that case, right?

      Ok, how about a 90% chance? Probably still wouldn't.. right?

      80%?
      70%?
      60%?

      Where the hell are you drawing this line of yours?

      --
      "His name was James Damore."
    3. Re:Lock him up again? More? NO! by metrix007 · · Score: 1

      There are other solutions than jail, that don't have to allow a danger to society.

      Locking him up because there is a probability he *may* kill someone is too close to minority report, and if you can't see what's wrong with that, then I feel sorry for you.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    4. Re:Lock him up again? More? NO! by Rockoon · · Score: 1

      There are other solutions than jail, that don't have to allow a danger to society

      All equivalent to, or worse than, locking them up in a jail cell. Your "then I feel sorry for you" shit was spawned by your false sense of superiority, which itself if a fucking sickness that I am sure you can't do anything about.

      --
      "His name was James Damore."
  53. Less responsible more likely to reoffend? by mb_96_net · · Score: 1

    This lighter sentence doesn't make sense. If you accept the assertion that he has a gene that predisposes him to being more aggressive and therefore is less responsible for his actions, you should logically also conclude that he is more likely to reoffend. In most sentencing situations the likelihood or the person being a repeat offender is given a much higher weighting than if the person "couldn't help themselves". Serial killers are a good example of this; they have a psychological predisposition to committing murder. Their short circuited brains should make them less personally responsible, but more likely to reoffend and the latter should give them a longer sentence

  54. So...He gets out sooner to be aggressive again? by Tangential · · Score: 1

    Seems like that should lengthen the sentence rather than shorten it. Statistically speaking, he is probably far more likely to become violent again....

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
    1. Re:So...He gets out sooner to be aggressive again? by jameskojiro · · Score: 1

      I mean you could chart the idiocy of releasing him sooner on paper using the math skills of a fourth grader.....

      So we are rewarding this guy with aggressive genes the ability to go out and spread his genes, while a non-violent gene offender will have less chance to spread his genes. No wonder we will turn into animals and allow the apes to take over, those damn dirty apes.....

      Keep the genetically violent locked up until we can come up with gene therepy to treat him to ensure that he doesn't spread his genes, either that or give him the following option:

      1. Irreversible sterilization with aggressive treatment with drugs to reduce aggression and reduced sentence.

      2. Standard sentence.

      Otherwise you are throwing logic right out the door.

      --
      Tsukasa: All I really want, is to be left alone...
  55. Don't you see by Shivetya · · Score: 1

    it is obviously not his fault.

    If anything his ancestors are at fault, or perhaps it was environmentally induced genetic damage caused by global warming?

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  56. Your honor by Orion+Blastar · · Score: 1

    I AM handicapped, I'm psychotic!

    That case is like something out of a funny movie from the 1980's. :)

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  57. Brilliant thinking by Anonymous Coward · · Score: 0

    Great bit of judicial logic, isn't it? "You've got a propensity for violence, so let's get you out of jail sooner." Somehow doesn't make Italy an attractive place to visit.

  58. I would say more by jgoemat · · Score: 1

    To me this ruling seems to come more from theism than atheism. We are a product of our genes and our upbringing. The argument that someone cannot control their actions due to some genetic trait or because they were mistreated when they were young implies that there is some outside thing, the soul or wherever free will comes from, that has been abused by heritage or upbringing and is not responsible for its actions and should not be punished. Laws are created to bind members of a society to a code of conduct, and people that breach that code should be held equally responsible for their actions. It may be more difficult for this man to refrain from killing people than it is for you or I, but we should all obey the same rules or face the same punishments.

    I would never blame a computer for a programmer's error. How do we blame a person for its hardware and programming?

    Would you also keep using the same program and let it run even though it continually crashes or produces erroneous results?

  59. This is bullshit by hallucinogen · · Score: 1

    The phenotype of most of our traits is not due to our genotype alone. So unless all people carrying whateverthehell mutation this guy has stab people this ruling is f*cking stupid.

  60. Superdeterminism by Valdrax · · Score: 2, Interesting

    Nope. It is impossible, even at the most basic theoretical level, to predict everything. Basic physics theory shows that it is impossible to even just measure everything to an arbitrary degree of precision regardless of what instrumentation you may have. Go back and read your Heisenberg.

    Actually, while complete measurement may be impossible, it does not mean that the actual underlying mechanics are not deterministic. In fact, superdeterminism is considered a viable explanation of Bell's inequality that avoids ruling out a completely deterministic universe by abandoning any notion of free will in performing an experiment.

    You can read a longer explanation here.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:Superdeterminism by mr+exploiter · · Score: 1

      Superdeterminism is no different that saying that god made the universe this morning just before you wake up with all the memories included...it requires incredible fine-tuning of initial parameters. And P was saying that it's impossible to predict everything, not that everything could be predetermined.

    2. Re:Superdeterminism by Valdrax · · Score: 1

      Superdeterminism is no different that saying that god made the universe this morning just before you wake up with all the memories included...it requires incredible fine-tuning of initial parameters.

      Eh, it's no more hand-wavy than any other interpretation of quantum mechanics, especially the standard Copenhagen interpretation and the Many-Worlds Interpretation. I mean, "consciousness causes collapse" or the notion that it's inevitable that some world resemble ours because all possible paths are taken? Meh.

      And P was saying that it's impossible to predict everything, not that everything could be predetermined.

      Fair point.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  61. That would be eugenics... by Overzeetop · · Score: 1

    ...and it is frowned upon by most of society.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  62. We have now officially seen the by idontgno · · Score: 1

    effective 21st Century equivalent to "The Devil made me do it!"

    Science has become the new superstition.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  63. what's really funny . . . by Tanman · · Score: 1

    People generally want shorter sentences in the hopes of someone being rehabilitated. This guy's defense is basically "I can't be rehabilitated -- I'm a natural killer!" In response, the judge gives a reduced sentence.

  64. Comment removed by account_deleted · · Score: 1

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  65. Sociopaths rejoice! by Anonymous Coward · · Score: 0

    You can't help yourself for being evil, so you might just as well run free.
    After all, the point of jail sentences is not to protect society from harmful individuals, is it?
    No, rather your right to freedom is greater than my right to life. Apparently.

  66. therapy by fulldecent · · Score: 1

    So then the question becomes:

    Should you continue your current life without murderous tendencies but with the possibility of a longer sentence OR hedge your bets by electing for gene therapy to introduce the aggression gene while reducing your sentence if you do kill someone?

    --

    -- I was raised on the command line, bitch

  67. Re:Ahem... by tomhudson · · Score: 1

    Make it OK for me to rape young girls because I have a gene contributing to paedophilia

    Hey everybody - Roman Polanski has a slashdot account! :-p

  68. Cue the "expert" comment... by Hurricane78 · · Score: 1

    Let's see how a community with next to no competence in social and moral questions, with nearly everybody not being an expert in genetics, reacts to this article. ^^

    Protip: If you still think that the concept of "guilt" exists, and/or that punishment is the best thing to do, then you are still in the dark ages, and not up-to-date on these topics.

    P.S.: Notice how I do not exclude myself from this. I only learned some things that irreversibly changed my views on this forever. Hint: Try deducing everything that we do from the basic rules of cause and effect! Then you are likely to come up with, what is the modern scientific view on these topics.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  69. Comment removed by account_deleted · · Score: 4, Insightful

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  70. Re:Ahem... by Anonymous Coward · · Score: 0

    agreed.
    Say I was a coke addict with a coke addiction. Would that make it O.K. for me to break into cars just because I am an addict and have an excuse? Nothing I can do about being an addict since my body *needs* the cocaine.

  71. New Prisoner Diet and Exercise Regiment. by jameskojiro · · Score: 1

    I saw we should only feed prisoners Junk food and Sugary Soda pop.

    Forget feeding them three "Healthy" squares a day. Feed them left over Halloween Candy, Twinkies, HoHos, Potato Chips, Soda Pop (the more High Fructose Corn Syrup the better) and any meat is to be fried in lard or High Trans fat oils. Basically anything that puts on weight is a plus.

    For exercise I recommend that we make them stay in their cells and provide them with a video gaming system, (Preferable those cheap ass NES and Sega Genesis Chinese rip offs.) Pipe in soap operas on the TV and reward prisoners who watch soaps with a supply of Bon Bons. No one is to be able to use the prison gym and they will be measured ever month to ensure they have a BMI that is well over 30. If they start exercising in their cells on their own you throw them into the hole where they are force fed like a goose being prepared for Fois Gras until their BMI has exceeded 30.

    We can also supplement their food with popular diet medication and give them new diet meds every three months as this stuff usually is responsible for increasing long term weight gain, you could even put the whole prison on a Binge/Bust cycle to permanently ruin their metabolism.

    Now you may be asking why should you do this? Well the answer is simple, when you release law breakers back into society you don't want a bunch of fit and healthy but angry men who can outrun the doughnut eating cops better than they could before they went to the big house. Instead you want ex-cons that are soft marshmallowy and easy to re-capture should they insist on robbing the local 7-11 for all that is in the register and 4 boxes of Little Debbie snack cakes.

    Victims of violent offenders as well would benefit from this as well, as a Prison Fattened rapist would be unable to easily engage in actual rape with a large lump of fat effectively decreasing their "reach". Those who have beaten people up within an inch of their lives would now be out of breath by the time they threw their third punch. It is harder for fat people to even get around to commit crime as anyone living in a bad area of town in an apartment two or three floors up without an elevator would be living in near complete safety from ex-cons.

    What are the drawbacks of this? Well you might see an increase in the number of lazy folks Wanting to get into prison and this is remedied by moving some of the Welfare Budget directly to the prison system. You would see more rednecks and white trash in prison, which would lower attendance to NASCAR races.

    What are some indirect benefits of this? Well law abiding folks would want to stay thinner so you would actually be increasing the health of law abiding citizens as they would want to be thin to avoid the "criminal stigma" of being fat as an ex-con.

    I say we need to create a new class of Jail Bird, The Couch Potato Con.

    --
    Tsukasa: All I really want, is to be left alone...
  72. I get your point by abbynormal+brain · · Score: 3, Insightful

    However:
    1. Is the science mature enough? And more importantly,
    2. If the science is correct - a reduced sentence is not the solution.

    I mean - are there any murderers who don't have the aggression gene? Hell - let's test every murderer and if they have the aggression gene -reduce all of their sentences!

    --
    L'esperienza de questa dolce vita (The experience of this sweet life) - Dante Alighieri, The Divine Comedy
    1. Re:I get your point by be951 · · Score: 5, Insightful

      Yeah I mean, really, don't we want to do the opposite? Logically, isn't someone with an "aggression gene" probably going to be more likely to be a repeat offender?

    2. Re:I get your point by Actually,+I+do+RTFA · · Score: 1

      really, don't we want to do the opposite? Logically, isn't someone with an "aggression gene" probably going to be more likely to be a repeat offender?

      Well, yes and no. Yes, it makes more sense to increase the sentence if you are trying to use the "deter/prevent/rehabilitate" model of criminal justice. No, if you are using the "people should get what they deserve" model. I personally believe in the former; however most religious people and libertarians believe in the later.

      --
      Your ad here. Ask me how!
    3. Re:I get your point by stephanruby · · Score: 1

      There is nothing to see here. There were other mitigating circumstances. The Algerian man was slightly retarded. His sentence was reduced once by the original judge for that reason. And the appeal's judge just needed a different reason to reduce it again. Anyway, it looks like the guy is probably not going to survive the remaining prison sentence either way.

    4. Re:I get your point by Culture20 · · Score: 2, Insightful

      When we start imprisoning people on the likelihood of their committing a crime, you may have a point. Right now, not so much.

      Likelihood? He did it. Convicted. And he got a reduced sentence by saying the 21st century version of "the Devil made me do it"

    5. Re:I get your point by eiapoce · · Score: 2, Informative

      More than "the devil made me do it" we're facing a serious problem in the coming years:

      1) The court recognized and given a written sentence that stated there are innate violence traits in some north africans.
      2) Here in italy special laws are provided for the dog races known as "biters" (Bulldogs and the likes). Since the same can be now legally said for North Africans should we have special laws for them?
      3) If a "biter" harms a person the law prescribes the dog to be retired. Instead this offender got a penalty discount! (On the news it's written it was a religious issue)
      4) If I'll ever be in the position to choose between a north african and someone who doesent have potentially this gene I could do so and I have a sentence that justify me besides my prejudices.

      Note: North africans are 41% of foreign inmates in Italian prisons but just 16% of legal immigrants. Thought they are 2% of the population on italian soil they are roughtly 1/3 of italian inmates. Source: http://www.ismu.org/ISMU_new/approfondimento.php?id=80

    6. Re:I get your point by eiapoce · · Score: 1

      I'd be more sorry for the victim.

  73. That leads to racism by Anonymous Coward · · Score: 0

    The same thing would be to gather statistics on aggressiveness of people of different color or nationality and sentence accordingly. One could say his nation mentality is more aggressive and get reduced sentence.

  74. Re:Less responsible more likely to reoffend? by jameskojiro · · Score: 1

    It makes about as much sense as giving someone predisposed with obesity an lifetime membership to the all you can eat buffet.

    I think because Serial Killers can't help themselves when it comes to leaving people alive we should take pity on them and release all of them.....

    What sort of backwards ass bizzarro world are we living on?

    --
    Tsukasa: All I really want, is to be left alone...
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  77. Re:8 years? Hate to be ethnocentric but.. by Valdrax · · Score: 2, Informative

    Italy had 1.29 murders per 100,000 people in 2000. We had 4.28 per 100,000 people. (link)

    I guess those harsh prison sentences are going wonders for stopping murder here. Gosh, you'd think that with only 9% of the world population and 22% of the world's prison population that American society would be safe, right?

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  78. I'm not fat by Anonymous Coward · · Score: 0

    I'm just "big boned".

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  82. Two sides by Anonymous Coward · · Score: 0

    Subject A is genetically predispositioned to violence. The subjects older brother has a history of torturing and killing animals. The subjects father has a history of domestic violence, committing and suffering from. The subjects maternal grandmother was associated with a domestic political group associated with violent protests and unconfirmed bombings. At the age of 30 and 3 months, the subject was convicted of murder, but spared the death penalty due to a "violence gene." Anti-death penalty activists heralded it as a victory.

    Subject B is genetically predispositioned to violence. The subjects older brother has a history of torturing and killing animals. The subjects father has a history of domestic violence, committing and suffering from. The subjects maternal grandmother was associated with a domestic political group associated with violent protests and unconfirmed bombings. At the age of 3 months, the subject was screened for a genetic violent predisposition and aborted due to its presence. Pro-choice activists heralded it as a victory.

    The anti-death penalty activists and the pro-choice activists are one in the same.

  83. Lets apply this to all life ... by tomhudson · · Score: 1

    Free Will gene. Nestled between the Must Have Sex gene and the Must Listen to Wife gene.

    Sorry to break it to you, but the Must Listen to Wife gene is dominant; the Must Have Sex gene is not only recessive, but repeated expression of the Must Listen to Wife gene inhibits both the Must Have Sex and Free Will gene receptors from responding to further chemical or hormonal stimuli.

    This is doubly so if you also have the Must Have Trophy Wife gene, which when expressed, also triggers both the MicroPenis gene and the Red Sportscar gene, as well as the Bad Hair Combover gene.

    Research indicates that it's now possible to prevent the Must Have Trophy Wife gene from successfully activating by ingesting a sufficient dose of CreditCardOverLimitus during the first date.

    People with defective Must Listen To Wife genes are usually treated with the combination of a weeks' regimen of SleepOnTheCouchYouBastardex followed by new-age crystal therapy - preferably in the form of a large-carat diamond.

    Sometimes, the treatment is unsuccessful; such patients are usually initially diagnosed as suffering from simple LackaNookie Syndrome, but when repeated dosing with medicinal ethanol fails (such as Jack Daniels, Beefeater, Amareto di Soronia, Captain Morgan, Appleton Estates or other name brand product - the class of ethanols collectively known as American Beer lack the necessary active ingredient in sufficient quantity to differentiate them from either water or urine), LackaNookie is simply masking the more serious and usually incurable PussyWhipt Emasculitis.

    At that point, radical surgery, with the excision of the problematic tissue via an expensive operation known as a TheBitchGotEverythingInTheDivorce procedure, or more colloquially, a "Walletectomy", sometimes restores partial function.

  84. Get ready by ThatsNotPudding · · Score: 1

    DNA profiling at birth in 3, 2...

  85. Re:Whoa (michael crichton Next) by Anonymous Coward · · Score: 0

    Crichton talks sufficiently about the mis-use of this "I have aggression gene" plot well in his novel "Next". We are going to see all these things being used much more in coming days. It is going to be game-play than any fairness verdicts in courts!

  86. Shouldn't he have gotten MORE time? by wealthychef · · Score: 1

    Call me crazy, but if he has a genetic disposition to violence that we don't know how to cure, why is the solution that we let him out EARLY? Isn't the point of prison to keep the populace safe from people like this? Presumably the deterrence is one way this works, but also, just the fact that he's off the streets is beneficial. WTF is this judge's reasoning? I can only think he's saying "it's not fair that this poor victim of genetics is being punished for his impulses." Bullshit. Cure him or lock him up, I don't want him near me.

    --
    Currently hooked on AMP
    1. Re:Shouldn't he have gotten MORE time? by tomhudson · · Score: 1

      You won't get any argument from me, just like I don't buy any potential "pedophilia gene" as an argument for letting pedophiles out early. To the contrary, if you have a disease, you're quarantined until you're safe. A genetic disease (which is what this guy is arguing) is the same thing. Gee, you want to argue that you have a genetic disposition to be aggressive? Okay, life it is, since we cannot cure your disease and it's a threat to the general population. Sayanara, baby!

    2. Re:Shouldn't he have gotten MORE time? by Artifakt · · Score: 1

      You've got a lot of nerve talking about whooshage when you're comparing the man to a predatory animal. We shoot them, and feel totally justified in removing them from our little pocket of society. Saying he's like a man eating lion, and therefore we should treat him the same way we should other races or sexual persuasions, is not a brilliant point that goes whooshing over our oh, so inferior heads, it's simply 100% wrong.

      --
      Who is John Cabal?
    3. Re:Shouldn't he have gotten MORE time? by OrangeTide · · Score: 1

      The difference is that gays and blacks don't normally go about victimizing innocent people. Bigots like to make excuses to justify their behavior, but it doesn't mean we have to tolerate comments that imply we are the same as bigots because we don't want habitual murderers living in our communities.

      --
      “Common sense is not so common.” — Voltaire
  87. Shouldn't that be 'longer' instead ? by lbalbalba · · Score: 1

    I mean, if it is proven that you have a gene that makes you more likely to engage in criminal/illegal activities than others, doesn't that mean you're also more likely to become a repeat offender and should therefore be put in jail longer than others instead of shorter ?

  88. Oh, it will be much worse then that by SmallFurryCreature · · Score: 1

    Free will? Try, freedom. Now everyone who has the same gene, is labeled a murderer in potentia with nothing they can do about it.

    Can you hear that? That is the gas-chambers starting up.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  89. Uh, hello? by dorque_wrench · · Score: 1

    Even before the gene results, dude only got 9 years for killing someone???

  90. The judge has the daft as a brush gene by Anonymous Coward · · Score: 0

    Let me try to understand this. A person does something because the way they are made makes them likely to do it. They get a shorter sentence. Another person does a thing but only because a strange set of circumstances contrived to lead them into a unique situation which almost forced the crime upon them. They get a longer sentence because usually they would be unlikely to do it.

    Both criminals should be put away for the same length of time. The criminally disposed criminal because he is likely to commit the crime again, and the usually law abiding citizen as a warning to all those other usually law abiding citizens, so that they don't get ideas in their heads.

    If the summary was accurate, the judge is a fool.

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  92. Natural Selection by Anonymous Coward · · Score: 0

    A radical way to look at this problem Ok. He gets a reduced sentence so that he can get out of the jail quickly, reproduce , pass on his genes and have more murderers? Hmm...looks like in the modern world we are naturally selecting murders. I realize that this is not an easy problem to solve.

  93. Re:The Opposite of Barbarism by debrain · · Score: 2, Interesting

    You make some interesting points and I don't disagree with some of your conclusions, however it is important to keep in mind that "barbaric" is a pejorative referring to a lack of "civilized" influences. The very notion of civilization is that individuals must sacrifice certain behaviors in order to benefit from the synergies of group participation. People who cannot, for whatever reason, conform to a certain minimal extent must be ostracized, for the good of the group.

    I don't necessarily disagree, but you might find it interesting to read about the Native American / First Nations systems of justice prior to European colonization. In particular, natives who committed "crimes" would be made to sit with victims in a tent with elders until the elders decided that there was appropriate empathy and repentance by the accused. In contrast, nowadays, the Elders often describe the youth who come out of modern prisons as "forever lost". While there have probably always been people who would be considered "forever lost" (i.e. those who cannot be redeemed), I think the prison system creates such people.

    This is just food for thought - there are interesting alternate paradigms to the industrialized mandatory monastery.

  94. Missing the point by InsertCleverUsername · · Score: 1

    Sigh... It never ceases to amaze me how many people think the point of a justice system is to restore some magical cosmic balance. It isn't. The point is to protect the rights and safety of the rest of society --whether it's protection from murder or Bernie Madoff taking all your money. I believe in mercy, but at the end of the day "the system" should give utilitarian goals highest priority.

    --
    Ask me about my sig!
  95. Use the Texas Defense by Virtucon · · Score: 2, Funny

    "He needed killing your honor." - Felon

    "Well, okay, we'll let this pass this time but don't go killin folks who don't need it. Case dismissed!" - Texas Judge

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  96. Hellooooo Gattica by Anonymous Coward · · Score: 0

    Time to start gene filtering.

  97. Not covered! by macraig · · Score: 1

    Lazy isn't yet covered under the ADA. Perhaps you'd like to try ADD/ADHD instead? Different cause, same unhappy outcome for your employer, and it's "legit".

  98. Wrong on the statistics, wrong on the facts by deacon · · Score: 2, Informative

    What utter bullshit. A moments Google search for total crimes per capita would have shown you that from worst to best, the rank is:

    1 Dominica
    2 New Zealand
    3 Finland
    4 Denmark
    5 Chile
    6 United Kingdom
    7 Montserrat
    8 United States

    http://www.nationmaster.com/graph/cri_tot_cri_percap-crime-total-crimes-per-capita

    Furthermore, people don't steal because they are poor. They steal because they are sociopaths. Bernie Madoff was not short of cash for a box of donuts and a six-pack. He was not poor or downtrodden or starving.

    There are plenty of poor people who never steal, and plenty of rich people that do.

    Reproducing the numerical values in the table counts as "junk characters". A tech website that counts numbers as junk. Go figure.

    1. Re:Wrong on the statistics, wrong on the facts by mooingyak · · Score: 1

      And from the page you cited:

      Note: Crime statistics are often better indicators of prevalence of law enforcement and willingness to report crime, than actual prevalence.

      Also, you're looking at the total crime category, which lumps wildly dissimilar things together, such as murder and software piracy.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
  99. Italian Justice by RobinEggs · · Score: 1

    Before you all get too bent out of shape (too late, I know) this comments much more on the Italian justice system, and only to a lesser extent on the increasing debate over whether your genes "made you do it".

    Italian law provides for "degrees of guilt", meaning even if you admit your crime certain affirmative defenses result in reduced sentences. They can decide *how* guilty you are after deciding you're guilty, as an official process, as opposed to the fuzzier ways judges think about "mitigating circumstances" and stuff in other places.

  100. Right, that makes me feel better. by Sets_Chaos · · Score: 1

    Wait, shouldn't that mean he should be locked up LONGER? I mean, if he's genetically disposed to lash out, isn't he a greater threat to society than someone who was just feeling a bit feisty that day?

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  103. You're doing it wrong by Nekomusume · · Score: 1

    A person with a proven biological predisposition to murderous violence needs to be locked up for more time, not less.

    Of course, the science probably doesn't actually support either response.

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  105. That's just... weird by Anonymous Coward · · Score: 0

    Let me see if I've understood correctly: being more likely to re-offend means that you deserve a shorter sentence... presumably so you can get out and do some more quality offending sooner rather than later?

    This. Ruling. Makes. No. Sense!

  106. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  107. Backwards? by Anonymous Coward · · Score: 0

    I don't understand, isn't this backwards? If this guy is genetically predisposed to violence, for the good of society shouldn't the judge be ADDING time to the sentence?

  108. Just Send Them... by IonOtter · · Score: 1

    ...to Fiorina "Fury" 161.

    I hear they've got a good place to wait, there...

    --
    [End Of Line]
  109. What's this say about rapists? by RazorSharp · · Score: 1

    I'm pretty sure we all have a horny gene. These genetic determinists seem to have forgotten that being civilized is overcoming natural impulses in lieu of rationality and morality.

    --
    "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    1. Re:What's this say about rapists? by OrangeTide · · Score: 1

      ding ding ding. part of being human is having the ability to resist impulses and urges so that we can coexist in society.

      --
      “Common sense is not so common.” — Voltaire
  110. not applicable to wider society by Anonymous Coward · · Score: 0

    that approach might be validated in one town in north carolina,
    but wouldn't work in hell holes like LA,CA and NY,NY

    1. Re:not applicable to wider society by Anonymous Coward · · Score: 0

      Well, actually, perhaps mild punishment would be a win-win for everybody... I mean, if someone caused me too much grief, went to prison, emerged same or worse then before, then it would be easier for me, or my friends, or community members who care for justice, to stop the perpetrator for good (through capital or disabling punishment) without fear of unbearable punishment me (or we) are about to receive for our little public service. So, basic system would work for one-timers, small offenders, correctable characters, while extended, diy penal system would take care of extremes.

      I hope this little essay served to put the things into perspective for humanists (and criminals): justice is served only when most everyone agrees on it. Otherwise, (even if revenge was punished disproportionaly harsher then comparable incident crime that might provoked it) we will have either the rise of crime rate, or fascism gaining popularity ("someone ought to do something").

  111. Wasn't this addressed in House? by Kerrany · · Score: 1

    ...It was. Episode 23, Acceptance. The quote was something like: "If we accept that the disease made him do it, then we dismiss the efforts of every other person with this disease who didn't go out and murder six people."

    There had better have been extenuating circumstances on this ruling. Otherwise, by the sentiment above, I have to call it a miscarriage of justice.

    --
    I'm just here for the pie.
  112. I Got it by kenp2002 · · Score: 1

    The devil made me do it!

    The made me do it!

    The Agression Gene made me do it!
    The booze made me do it!
    The drugs made me do it!
    The fact he\she was a two timing whore made me do it!
    The television made me do it!
    The video game made me do it!
    Society made me do it!
    The disturbing hentai tenticle monster movie with the school girls made me do it!
    Ron Jeremy made me do it!
    Rebecca Demorney and Tom Cruise in the mid 1980s classic Risky Business with soundtrack by Tangerine Dream made me do it (on a subway)!

    The fact is: Americans no longer have the mental capacity to understand personal responsibility and personal accountability. I can only assume there must be a "personal responsibility" gene that has been weeded out of the gene pool; or the fact they removed any sense of personal accountablility, responsibility, and achivement from the education system and now those that grew up with that removed are acting in step with that concept (or lack thereof).

    --
    -=[ Who Is John Galt? ]=-
  113. Tag 'em by Anonymous Coward · · Score: 0

    In that case, have them wear tags that say "I have one or more aggression genes". Will that get them discriminated? Yes. But how's that different to what you get now? The only thing is that they'll get discriminated BEFORE they punch or kill someone, not after.