Justice, Punishment and Forgiveness: When Should Law Forgive? (#90)

Former Harvard Law School Dean Martha Minow argues for greater forgiveness by the law and the justice system. Using examples from around the world, she shares how forgiveness can lower crime and reduce incarceration.

She warns about the highly punitive American justice system which forgives bankruptcy but not misdemeanors.

The very same kind of crime in the United States and in Sweden or in Finland, will produce in the United States perhaps a 20 years' sentence, and in one of those Scandinavian countries, maybe 5 to 10 years. The US is far more punitive, and Martha argues there is no evidence that that produces lower rates of crime. In fact, the US has higher rates of crime.

What‘s the right balance between forgiveness and punishment? It's not an easy question. A justice system needs to hold people accountable for their crimes and be fair, treating people the same, but when should the law forgive and allow for fresh beginnings? Martha Minow is the perfect person to ask. She’s written a book titled When Should Law Forgive?