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It is stupid because neither extreme position is true. This is recognised in law, eg entrapment, people with "diminished capacity" or the very young. I realise that you might disagree with those exceptions, and in truth, they are a red herring. The issue is not any individual case, but recognising that certain circumstances can increase the tendency towards criminal behaviour. Poverty, lack of education and employment opportunities are key factors in crime rates. Lefties simply say it is more efficient and humanitarian to pre-emptively attack the problem than wait for it to be a profitable opportunity for a few to deal with much bigger problems. My views on penalties are a product of my prejudices and experiences of crime, and involve both more lenient and more stingent penalties, keeping the above in mind. For example, I would approve of abolishing prison terms of less than six months, and using different forms of punishment/rehabilitation/safeguarding the public. I would like to see increased prison terms for violent crimes including rape. As for the government, it is sometimes responsible for ordering criminal actions, and some laws create criminality when there is no need.
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