A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.
Personally, I believe "if it ain't broke, don't fix it". I'd rather use film cameras and vinyl records and cathode ray tubes than any sort of the digital technology available. Look around! The streets are full of people who would rather have their eyes on their cell phones than on the world around them! Scientists are researching technology to erase specific memories from people! Our thrown-away digital technology is showing up overseas in huge piles of toxic heavy metals and plastic! And yet there are still people who keep wanting technology and the future to keep going. They dream of flying cars, or humanoid robots, of populated cities on Mars. But do we really NEED this stuff? Maybe before we try to keep turning our world into an episode of The Jetsons, we should focus more on the problems that are surprisingly being overlooked now more than ever. Before we design another stupid cell phone or build a flying car, let's put a stop to racism, to sexism, to homophobia, to war. Let's stop buying all our "American" products from sweat shops overseas and let's end poverty in third-world countries. Let's let film photography never go obsolete, let's let print books continue to be printed. Let's stop domestic violence and child abuse and prostitution and this world's heavy reliance on prescription drugs. Let's stop terrorism, let's stop animal cruelty, , let's stop overpopulation and urbanization, let's stop the manufacture of nuclear weapons......I mean come on, we have all these problems to solve, but digital tech enthusiasts are more concerned that we don't have flying cars or robotic maids yet? That's pathetic.