Which criminal legal system
as a whole are we talking about here? The Saudis have a 'legal system' too, and according to their rationale, your hands will be cut off for stealing a loaf of bread.
Again, the whole theme of this thread is
our rationale, not that of 'the criminal legal system as a whole'. Based on
my philosophy, the rape of a child should carry a much harsher sentence than the rape of an adult. If you disagree with it, fine. But I don't care if the legal system sees it differently. This is a hypothetical discussion.
I was using the US model as a basis, but it doesnt matter, it can be hypothetical. I agree, the rape of a minor is worse than the rape of an adult. Hence more deterrence.
According to the law, if I have sex with an 18 year old I'm a stud...If I have sex with a girl who is 17 years and 364 days old, I'm a criminal, will most likely go to jail, and will have to inform my neighbors that a registered sex offender lives in their neighborhood! In other words, my life is ruined.
Its really not that cut and dry. I assure you. Without getting into the specifics, the point of the law is to protect minors from being coerced into sex, when they are not mature enough to understand their actions. There needs to strict line, but there are circumstances that can change the outcome. Also depends on weather strict liability or knowledge is required.
If arbitrary age lines already exist to determine the occurrence of crime, how is it ridiculous to suggest they should exist to determine the severity of punishment?
You over simplify the situation. One law exists to protect children from being coerced. A maturity line needs to be drawn or the law becomes completely ineffective. Its a matter of necessity. The death penalty being imposed on the rape of a 12 year old, but not the rape of a 13 year old, does NOTHING. Also what if the person thought she was 18. You are going to kill someone based on strict liability? Come on...
I have. And it's not as conclusive as you think. There are compelling arguments on
both sides. Here's just one research arguing for the deterring effectiveness of the death penalty (coincidentally published by an Iranian).
http://deathpenalty.procon.org/sourcefiles/The Deterrent Effect of Capital Punishment.pdf