On punishment

I have on different occasions shared opinions and quotes on this topic. It is known by regular readers that I am I lean towards abolition of prisons. I also believe with JJR that we should abolish capital punishment in the few places where it is still in the statutes. This doesn’t mean I don’t struggle with what to do with violent offenders. I listen to podcasts on crime and some of the offenses leave me wanting to throw up. The cruelty. The pain caused to families. The violence to the victims. It is all too sick. And the question is, what must society do to protect itself from such?

All that is not the subject of this post.

In this post, I want to ask a question. Different countries have term limits for different crimes ranging from a few weeks to several lifetimes or even capital punishment. The question is, was there a rational basis for say determining that for the crime of sexual assault, the minimum time for rape is 10 years (according to the Kenyan law)? I think the mandatory sentence was ruled unconstitutional. What is to be achieved in the ten years? Could the society achieve the same goal with a shorter sentence? Say 2 years?

What are your thoughts on this matter? Are there rational ways of determining what length of a sentence is required for say a murder? Keep in mind society doesn’t always punish murders. For example, during war, the guy whose side wins i.e kills the most, gets more stars on his shoulder and a presidential commendation for valour and other military honours. It is the killing by individuals not sanctioned by the state that we abhor completely.

Maybe I have this all wrong.