Question: Is substitution allowed in the legal system?

[canasclone]

I'm sorry if this is the wrong place to post this and sorry if it's a dumb question but I have a simple question:

Is it legal in the American Justice System for someone to willingly take another person's punishment? e.g. If someone is convicted of murder, can they be released if, say, their brother says he will take the punishment deserved for the murderer?

I'm not asking for speculation on the answer or debate on whether it's moral or just or not, I just want someone who knows what they are talking about to answer.

Thanks!

 

[lawbuff]

No, it is NOT legal.


A substitute would be a NON convicted person, imputing criminal liability to anyone who will accept it is UNconstitutional and the govt. can NEVER be permitted to allow it, period.

As a side note, back in the days of yore a person could pay a person to enter the draft for them. Now it is not permitted.

 

[JD_2B]

I'm sorry if this is the wrong place to post this and sorry if it's a dumb question but I have a simple question:

Is it legal in the American Justice System for someone to willingly take another person's punishment? e.g. If someone is convicted of murder, can they be released if, say, their brother says he will take the punishment deserved for the murderer?

I'm not asking for speculation on the answer or debate on whether it's moral or just or not, I just want someone who knows what they are talking about to answer.

Thanks!

No - The sentencing is designed to punish the convicted person, to ensure the safety of the public, and to possibly correct the behavior pattern.

Allowing someone else to do these things for someone who is guilty, is only enabling the behavior to continue, and is not considered reasonable or even punishment to the person sentenced. It may also be considered cruel and unusual to allow some co-dependent brother to enable their sibling to walk free and not be allowed the time in prison they need to change their way of thinking..