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The Economist on US Over-Criminalization
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You know, for a lot of the crimes that we put people in prison for, don’t you think a simple flogging would be effective punishment?
As for objections about “cruel and unusual punishment”, I will refer you to the discussion of the same in Heinlein’s “Starship Troopers.”
Lots and lots of crimes on the books that any of us can break unknowingly, along with arbitrary prosecution – gives the government to legally punish any of us villeins who get too uppity.