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Fun crazy ideas that come to mind:
1) Punishments get scaled by the judged likelihood of guilt, i.e. judge says there's a 65% chance Bill is the killer, Bill gets 65% of the punishment.
2) All punishments become monetary fines varying by judged negative utility, i.e. Judge says murdering Joe was worth x negative utilons, Bill is fined to outweigh damage done with good.
Potential problems/thoughts: Bankruptcy? Lower bound on fines/guilt likelihood? Diminishing percieved utility of money/punishment in large amounts? How to measure negative utility of crime, positive utility of fine? How much should fine weigh compared to crime? Some/all money to victims/government/charity? Problems reaching accurate judgments? Inequality of man measured in punishment cause some complex problem? Lack of appearance of justice? Other complex effects on society?
Add your own for upvotes.