I have a lot of respect for Ian Buruma, but I'll take issue with the following:
What purpose is Switzerland serving by jailing the renowned Franco-Polish film director Roman Polanski on a 30-year-old warrant? ... Since then, the victim of Polanski’s sex crime, Samantha Geimer, publicly forgave him, and expressed her wish for the charges to be withdrawn. So the reason to pursue the case now can have nothing to do with the rights or feelings of the victim. Nor is Polanski, a married father of two children with no other criminal record, likely to repeat his offenses.
So the good of society is not served by forcing him to return to LA for a trial.
One of the functions of justice is to deter other people. Polanski's recent arrest sends a message to other sex offenders and those who may be contemplating sexual offences. Which is surely something that serves the good of society.
The function of
justice itself is merely to form a couple of basic rules to regiment and regulate a society's everyday behaviour.
I think what you and some others are referrig to is more specifically the function of
penalisation. Penalisation in its judicial sense has three, no really
four functions
-Specific deterrence: to discourage the criminal from future criminal acts
-General deterrence: to deter other individuals from deviance in the future (and thus keep society safe from such further acts)
-an element of 'lex talionis' or Eye for an Eye: although retributive justice is an ancient theory of punishment even modern law sees a need of the victim to see the offender punished
-and finally peace of law: after the case was tried, the defendant found guilty and having served his sentence there must be no reason for further trials for the crime
Now, all Buruma has done is to take a look at the case and the specifics of penalisation.
Specific deterrence: to the best of our knowledge Polanski is not likely to repeat his offenses and never was. Bringing up Kinski would mean one had an intimate knowledge of when and how their relationship proceeded. None of us has or ever had.
General deterrence: it's an uncomfortable fact, but sex offenders are not subject to sensible consideration. A true sexual offender isn't affected by whatever happens or doesn't happen to Polanski.
There is a kind of signal that
might be sent by this case, but nobody here has given it any thought up to now. Individuals vulnerable to fantasies of the paedophilic kind
may decide to seek help. May, and it's debatable if one of these potential sexual offenders wouldn't seek help and treatment even
without a public Polanski-spectacle. Anyway, it seems this is actually of little concern to most people.
Retribution: Mrs Geimer has already stated she wasn't interested in a further pursuit of the case (for whatever reasons of her own). It would seem others feel
they have more right of getting retribution
than the victim itself for reasons entirely beyond me.
Peace of law: as it would seem three decades the law (embodied by the Californian authorities) found the case peaceful enough it begs the question what has changed. A question desperately avoided and dodged by the representatives of the Californian DA and Justice Department, despite numerous occasions and several different ways to get Polanski to court years, maybe even decades earlier. An official authority behaving in this manner undermines every trust and belief in its incorruptibility and 'candor'. And inevitably leads to questions and doubts regarding the legality of the initial process as well as the latest developments.
So it would seem the reasons for a late 'just' punishment of Polanski are mostly effete. Remains the serious apprehension an unpunished Polanski may shake our belief
in the law system itself and it's good to worry about such things as this is the by far more serious danger in my view. But did it do so since 1977? I don't think so. Did the botched case of O.J. Simpson shake this belief? Once more I think hardly anybody was really shocked about that outcome. Do the all-too-familliar 'deals' undermine our belief in this law system? To the contrary, they confirm what we already suspect about it, that there
is a considerable gap between aspiration and reality, and not just in the US law system. Still, these are questions and tasks beyond the specific case and should be discussed another time.
This is what Buruma meant and I'm with him.