what is the strongest argument for the use of discretion in doing out punishment. Malcolm Gladwell, No Mercy
Do you mean DOLING out punishment?
What do you think?
http://www.newyorker.com/archive/2006/09/04/060904ta_talk_gladwell
I'm sorry I meant doling out punishment
The strongest argument for the use of discretion in doling out punishment can be found in Malcolm Gladwell's book "No Mercy." To understand this argument, I recommend reading the book or any articles or interviews where Gladwell discusses the topic in detail.
However, I can provide a general explanation of the argument. Gladwell argues that a system without discretion in punishment, where rigid rules and mandatory minimum sentences are followed strictly, can lead to unfair outcomes and perpetuate injustice.
One reason given for discretion is that it allows for individual circumstances and context to be taken into account during sentencing. For example, a person's background, mental health, or past experiences may have influenced their actions, and considering these factors can help determine a more just punishment.
Another argument is that strict and inflexible punishment policies may lead to overcrowded prisons and burden the criminal justice system. Discretion allows judges and prosecutors to prioritize cases and allocate resources wisely, focusing on the most serious offenses rather than over-penalizing minor infractions.
Gladwell's book likely explores these and other arguments in greater detail, providing specific evidence and examples to demonstrate the potential benefits of using discretion in punishment. Reading "No Mercy" will give you a comprehensive understanding of this argument and its supporting evidence.