by Thomas R. Wells
There are people living among us who have done terrible things to other human beings – murder and rape, for example – yet who nonetheless deserve society’s forgiveness. They have been convicted for their crimes and punished by the laws we collectively agreed such moral transgressions deserve. Now they deserve something other than punishment. They deserve to be treated with respect rather than resentment, contempt, and suspicion. They deserve a real chance to overcome their history and make something of their life.
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When someone commits a morally terrible act against another that is a concern for the whole society rather than only the victim. Hence the institutions of police, courts and prisons administered by the state on behalf of the people. These systems are designed to discover the moral facts of each case: how bad the crime was, how responsible the perpetrator, and how much they deserve to be punished. This is important to make sure that we punish the people who do terrible things (and only those people), and also that we punish them to the degree that they deserve it and no more.
The last point is essential. We have a duty to punish the people who do bad things, but we have no right to punish them more than they deserve. For the same reason that it is wrongful to punish the wrong person for a crime, it is wrongful to punish the right person in the wrong way. This is why it is important for us to leave the judging to specialist institutions with the resources and authority to do it properly. When we try to do it ourselves we get mob justice – i.e. punishment only stops when those with the most extreme feelings about the case are satisfied.
In most developed countries the criminal justice system is trusted well enough to decide who is guilty and deserves punishment, i.e. who is a criminal. However, it seems that some people hold a lingering belief in their personal right to decide how much punishment criminals deserve to receive, and to inflict that privately if they have the chance. Thus, people with convictions for murder are routinely harassed and denied employment or access to opportunities like university education. Read more »