Punishment, causation and time

I want to argue for this thesis:

1. For a punishment P for a fault F to be right, P must stand in a causal-like relation to P.

What is a causal-like relation? Well, causation is a causal-like relation. But there is probably one other causal-like relation, namely when because of the occurrence of a contingent event E, God knows that E occurred, and this knowledge in turn explains why God did something. This is not exactly causation, because God is not causally affected by anything, but it is very much like causation. If you don’t agree, then just remove the ``like’’ from (1).

Thesis (1) helps explain what is wrong with punishing people on purely statistical grounds, such as sending a traffic ticket to Smith on the grounds that Smith has driven 30,000 miles in the last five years and anyone who drove that amount must have committed a traffic offense.

Are there other arguments against (1)? I think so. Consider forward-looking punishment where by knowing someone’s present character you know that they will commit some crime in ten days, so you punish them now (I assume that they will commit the crime even if you do not punish them). Or, even more oddly, consider circular forward-looking punishment. Suppose Alice has such a character that it is known that if we jail her, she will escape from jail. But assume that our in society an escape from jail is itself a crime punishable by jail, and that Alice is not currently guilty of anything. We then jail her, on the grounds that she will escape from jail, for which the punishment is us now jailing her.

One may try to rule out the forward-looking cases on the grounds that instead of (1) we should hold:

2. For a punishment P for a fault F to be right, P must come after F.

But that’s not right. Simultaneous causation seems possible, and it does not seem unjust to set up a system where a shoplifter feels punitive pain at the very moment of the shoplifting, as long as the pain is caused by the shoplifting.

Or consider this kind of a case. You know that Bob will commit a crime in ten days, so you set up an automated system that will punish him at a preset future date. It does not seem to be of much significance whether the system is set to go off in nine or eleven days.

Or consider cases where Special Relativity is involved, and the punishment occurs at a location distant from the criminal. For instance, Carl, born on Earth, could be sentenced to public infamy on earth for a crime he commits around Alpha Centauri. Supposing that we have prior knowledge that he will commit the crime on such and such a date. If (2) is the right principle, when should we make him infamous on earth? Presumably after the crime. But in what reference frame? That seems a silly question. It is silly, because (2) isn’t the right principle—(1) is better.

Objection: One cannot predict what someone will freely do.

Response: One perhaps cannot predict with 100% certainty what someone will freely do, but punishment does not require 100% certainty.