The Duties of Government

Whereas, it is in society's best interest to have as many of its citizens as possible be Self Actualized,

Whereas, there is a direct correlation between the percentage of citizens in a society whose fundamental needs are met, the percentage of citizens that can be classified as productive members of society, and the rate at which the society advances educationally, economically, technologically and in terms of the well being, generosity and the decreased tendency towards illict behavior by its citizens.

'''The government has a duty to ensure that its citizens physiological needs and safety needs are met, and also has a duty to help its citizens meet their love, belonging, and esteem needs. In addition, the government must ensure that it is fiscally responsible and that all of its activities are carefully monitored and sustainable in the long term both thru employment and population patterns,  thru unanticipated crises.'''

Accomplishing this however requires a number of specific mandates.

The Legal System does not violate the rights of other individuals.
In the ideal government, prosecutors are not elected to office, they are appointed from a pool of individuals who have rigorously studied law, psychology and the effects of prison on individuals. Their ultimate goal is to be just and fair. It is not to jail as many people as possible for as long as possible.

Under republican controlled administrations and in certain states, more people are consistently placed on death row and prison sentences are on average longer. In certain states marijuana possession is treated as a minor misdeamnor, in others, it is a mandatory jail sentence. In a recent social psychology experiment, it was demonstrated with a mock trial that under identical circumstances, with the same testimony and evidence, a man with a Mexican name is 60% more likely to be convicted than an identical man with a caucasian name. Similarly, a woman is significantly less likely to be convicted of a crime than a man. In the ideal government, punishment always fits the crime and is equitable across the board. Factors such as what state an individual lives in, the ethnicity and gender of an individual, what political party is currently in power, or who the individual has as a judge or lawyer lead to little or no variability in sentencing.

In order to bring the legal system closer to the ideal, very well defined classification systems would be employed. Actions that were intended to physically harm or psychologically traumatize another individual would be punished significantly more heavily than those that were not. Violations to another individual's rights would be very clearly defined not just based on the right that was violated but also based on the reason for which this right was violated in order to ensure that the punishment for these violations always fits the crime. For example, murder (the violation of another individual's most fundamental right) would have a well defined classification system similar to the one outlined below that must be used.

Accidental - When the guilty party clearly had no intention of hurting anyone and didn't do anything that he could have knple: Running away from the scene of an accident leading to the victim's death. This would be a very serious charge.

Intentional - The guilty party had a definate intent to harm someone. This would be the most serious charge and would carry the heaviest punishment.

Defensive - The guilty party kills an individual believing that they or another person will likely be very seriously injured or killed by the individual if they do not act. This too would almost never lead to time in jail if there were no reasonable alternatives under the circumstances.

Aggravated - The guilty party loses their temper without too significant a reason and seriously harms another person leading to their death. This would be a serious charge as well.

Reasonably Aggravated - The guilty party loses their temper for a very understandable and sympathetic reason. This would not carry nearly as heavy a punishment. Example: A father harming the person who raped his daughter.

Each of these classifications would carry a significantly more substantial punishment if the intent to kill can be demonstrated. Furthermore, if the victim isn't killed but could have been, the guilty party would be charged with a crime based on the category above that the crime describes with the prefix "Attempted" attached to it and would face a slighly less severe punishment than had they succeded. The mental state and psychological development of the guilty party at the time of act as well as the amount of time that the individual had to decide to act in the manner that they did would be fundamentally key factors in determining the appropriate punishment. Thus human fallibility and momentary lapses either of judgment or sanity would be accounted for and lead to significantly less severe punishments...

The Role of Prisons
The government has a duty to ensure that prisoners get equitable treatment during their stay. Bullying and such is to prevented through any reasonable means neccesary.

In the ideal society, prisons serve as institutions where people that are genuinely harmful to society are taken off the streets, reformed and reintegrated into society as productive self actualized individuals. To some extent, they also serve as punishment to discourage unlawful behavior, but the system is not about finding someone to blame for every bad thing that happens and locking them up. The primary purpose is nevertheless reform and it is thus imperative that prisoners do not endure any significant trauma or psychological damage during their stay as not doing so would run counter to this purpose.