Punishment must fit the crime

[Ender]

It would seem mercy, or lack thereof, is an active participant throughout the judicial process. The punishment is the product of a process of good conscience, which mercy played an active part.

I agree that it is appropriate to consider mercy as part of any judicial hearing, but it is necessary to distinguish justice from mercy. Justice requires that the punishment fit the crime, being neither too severe nor too lenient. Mercy tempers justice where it is appropriate to do so. The point is, it is not accurate to say that in all cases without exception the punishment must fit the crime because this would exclude the possibility of mercy.

Christ extended mercy and forgave Dismas, even though his temporal debt was paid, nor were the populace of Sodom deserving of the mercy of the bargaining on their behalf that was being played out for them.

*God showed how unwillingly he punishes even the worst of sinners, when he said that the cry of Sodom ascended to him. That is to say: “My mercy indeed persuades me to spare them; nevertheless the cry of their sins compels me to punish.” **For that he so long delayed their punishment was due to his mercy; that he finally punished them, to his justice. *(Salvian, c.400)
Ender