In judging crime, the big divide ought to be between violent crime and
non-violent crime. More determined measures ought to be taken to
prevent violent crime than non-violent crime, and the punishment of violent
crime ought to be harsher than the punishment of non-violent crime.
This view may appear logical, and when the main bodies of penal law
were written down in most countries in the 19th and 20th century, this
view prevailed and largely resulted in codes that were proportionate along
the above principle of differentiating between violent and non-violent
crimes.
But since then, the penal codes of many countries have become the
favorite tools of politicians, feminists, and Christian fundamentalists for
trying social engineering or for tackling what they consider social
ills, but basically often are just other lifestyle choices.
Individual drug use, for example, which does not involve violence
against others and does not do harm to others (unless strange cases are
construed), ranked as a minor offense in original penal codes (if it was
considered an offence at all), but now is threatened with punishments on
par with murder in many countries.
Likewise, sexual harassment, which mostly only involves words, or light
touching which is not physically painful, is, when the victim is
female, now punished more heavily than beating up a male, who may suffer a
black eye and many bruises. And the police of many countries will take
much more interest in the sexual harassment case of the female than the
physical injury of the male.
Making such comparisons, of course, is not politically correct. I will
be blamed for defending the male "right" to sexually harass females,
even though this is not what I mean. But compared to hitting somebody
physically, saying something to a person which the addressed person
considers not in accordance with her role model or finds offending, really is
a very light transgression of justice.
Furthermore, I believe that it is a perversion of justice when the
governments of certain countries push the parliaments over which they have
influence into passing legislation that primarily serves the purpose to
allow the government to steer a society in a direction that matches the
ideology of the government.
The constitution of a country should forbid such manipulation, and a
Supreme
Court should rule such machinations unconstitutional.
But then, Supreme Courts in most countries are ruled by the same people
and political parties that also are in government and control the
parliaments. What would be needed in most countries would be a constitution
which puts more limits on governments and parliaments to implement or
pass legislation that violates, for the purpose of social engineering,
the principle of proportionate punishment. Furthermore, Supreme Courts
should not just be a reflection of what parties where in power when
their members were appointed.