I think there should be a list of punishments that they face, and the criminal picks the one they are best suited for.but it has to be approved. I have no clue how these punishment would work,but they can be with a variety of intensity for person. I think 5years in jail or a cane session until they pass out would be nice.
If a criminal got to choose their punishment, how would they be getting punished?
A judge chooses the punishment for a reason. A criminal would always choose the least severe one and they would never truly suffer for the horrible crimes they committed.
If the judicial system were this way, then nobody would ever have to learn from their mistakes.
Criminals shouldn't select their punishments unless they have multiple choices from which to choose. Otherwise, there is no justice. A murderer could, say, select from death or life in prison. Druggies could have several options, including community service. This only works if the criminal is given a standard list of options, not free rein to get out of any punishment.
Beyond choosing between two methods of execution, asking a criminal to select his or her own punishment would not be in society's best interests. What is it they would be choosing? Which prison to go to? Prison or probation? The Courts decide that. Road crew or community service? Maybe, for misdemeanors they could do the most convenient. But overall, no.
In order to effective prosecute criminals and to gain testimony, the D.A. should have the ability to make determinations for pleas in order to get cooperation and justice effectively. However, citizens should be aware in advance with certainty about what punishments they may face and giving choice reduces potential disincentives to commit differnet crimes.
Criminals should never have the right to select their own punishments. Even from a menu of rotten choices, there would always be one that would be the least offensive to them. Punishment for a crime shouldn't be easy. It should be a penalty imposed in proportion to the crime. And only a judge can do that.