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Most certainly: the current "One size fits all" sentencing guidelines are pretty stupid when it comes down to it: why should a person with an IQ of 68 and the maturity of a 10 year old, get exactly the same sentence as a bright person with a high level of mental maturity, who should definitely know better in a much more clear manner?? Further, the emphasis should really be shifted towards 1) Reparations to the victim or the victim's family in the case of murder, and 2) Rehabilitation: if you just shove someone who breaks the law into a prison with all kinds of other sorts of law-breakers for years and years, with a bare minimum of rehabilitation programs, you are not making society any safer for the day when they finally get out!!

It depends. If they are a danger to society, whether it is because they are truly evil and malicious or because they have a disability that means they are unable to control themselves (or unaware of the consequences of their actions), I don't want them in society.

The person who is cunning and aware should be in jail. A person with the mental capacity of a 5-year-old does not. However, he still shouldn't be running around unmonitored if he's got a tendency to hurt people. I'd rather he wind up in an institution or something than around people who will beat up on him if he's going to be mostly defenseless.

I think the most important thing to determine is whether or not the person is dangerous. While physical and mental aspects do play a role in that, they aren't the only thing that does.

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I think that there are many factors that cause people to do what they do! Maturity level, education, nurturing, personal experiences, stress levels, and health are but just a few things that need to be studied and considered before judgment is handed down!

Yes, but I dont think the different levels could never all by graphed accurately, how would a sociopath or a schizophrenic be measured because their realities are not like ours.

but does that mean intellectuals should be punished more harshly? doesnt seem fair.

Why give defence lawyers any more grounds for lesser sentence/ acquittal