Applied logically, that is the arguement used against the death penalty, and pretty much any and every single sentence for first time offenders.
Its an arguement used quite often, to prevent all jail terms from being raised and to grant lower terms to first time offenders.
Keep in mind, that sexual offences have the highest recidivism rate of any crime.
"Its an arguement used quite often, to prevent all jail terms from being raised and to grant lower terms to first time offenders."
Granted. The level of evidence, IMO, would have to be very high for a first time conviction to lead to such a long term jail outcome.
People are put to death when there is, theoritically, any shadow beyond doubt that they are guilty. Throwing people in jail for the rest of their lives on a first offence is police state.
That is a myth! Actually, according to the Dept. of Justice figures, the recidivism rate is much lower than for other crimes. Everybody thinks that's true, but it's not.
I wouldn't be surprised if the rates are skewed lower because of the large numbers of false convictions during the daycare hysteria of the recent past. But, that's just a guess.
http://www.ojp.usdoj.gov/bjs/