The person you seem to think is the victim (you know, the criminal) had a choice. Actually, he had several. He could have chosen to not go there in the first place. He could have chosen to go elsewhere rather than wait. He could have chosen to voice his displeasure quietly and maturely. He could have chosen to not be destructive of others' property. He could have chosen to man up, pay for the damage he caused, and settled with those who owned the property. He could have chosen a fight. He could have chosen police involvement and subsequent trial.
He chose the punishment he took.
When I was in middle school, the standard administrative response to more severe misbehavior (i.e. fighting) was "3, 3, or 5", that being five days of washing dishes at lunch, three days of on-campus suspension, or three smacks on the backside with a paddle. Very few students chose either of the latter options. Parents understood this and while some didn't much like it, they had the option of refusing to allow the corporal punishment on their kid. That said, given the choice, the kids usually chose the paddle. It hurt, but once done, it was done. The point is that the kid made the choices that got him (or her) into the office in the first place. What happened after that was hardly the fault of the school administration.
This guy had the choice of "3, 3, or 5", too. He could have chosen a fight; painful, but short duration. He could have chosen court; less severe but a longer term. Instead, he chose the middle ground of "not as painful as a fight but not as long-term as the trial sentence."
The difference is that it wasn't a school administration but rather a property owner, and he still had the option.
I really don't see why you seem to miss this. Is it that you worry that someday, someone might not give the court system as an option?
That's where I draw the line, too. As long as that option is on the table, I have no problem with this punishment.
ETA: Oh, as for your last... that right is one of those included in the 9A... for the criminal, in this case.
Blessings,
Bill
I'm not sure why some aren't understanding this.