if we let rapists go free because their past victims forgive them, that causes harm to real, visceral people
That part is in dispute (and in the case in point, I don't think Polanksi, for example, is recidivist). Indeed, in this particular crime, recidivist rates area among the lowest, and those which are repeat offenders suffer from mental pathologies). Unlike the example of pollution, where there is continuing harm with emissions this is typically unlikely to be the case.
As for the deterrent effect, surely it is obvious that if this is reduced by given the victim the power to take up the adversarial then the option is available to increase the punishment applied where the victim wants proceedings to continue? Certainly that would be better than the dragging a victim, both real or 'socially determined', through a process against their will?
no subject
That part is in dispute (and in the case in point, I don't think Polanksi, for example, is recidivist). Indeed, in this particular crime, recidivist rates area among the lowest, and those which are repeat offenders suffer from mental pathologies). Unlike the example of pollution, where there is continuing harm with emissions this is typically unlikely to be the case.
As for the deterrent effect, surely it is obvious that if this is reduced by given the victim the power to take up the adversarial then the option is available to increase the punishment applied where the victim wants proceedings to continue? Certainly that would be better than the dragging a victim, both real or 'socially determined', through a process against their will?