fandomhigh | Concepts of Justice and The Law [Period 4, Class #2, Jan 12]

"Welcome back," Alex said, nodding at her students. "Since last week went so well, I thought it best if we dive right in. So this week we're going to be discussing capital punishment. Capital, in this case, refers to the head. As in, your head, and the State's ability to separate it from your body. We're talking about the death penalty: a government executing its own citizens."

They could have started with something more dry and theoretical, but Alex was more a fan of practical applications of the law. And nothing stirred discussion like the death penalty.

"Most countries have a history of some kind with the death penalty. It's a quick way for the government to silence dissent, and to deal with those citizens that the rest of society has deemed unfit. It's fallen out of favor in most countries in this world, but there are those which still practice it. Including the United States, the country that Fandom is adjacent to."

She was still a touch unclear on whether the US had any jurisdiction over Fandom. She would imagine not so much, all things considered.

"Proponents of the death penalty will say that it functions as a deterrent. If Joe Citizen knows that murdering his neighbors could end in his death, maybe he'll think twice and put down that hacksaw. Advocates also say that it provides an appropriate punishment to the crime. It fills a psychological need for retribution, and it gives the victims' families closure. It guarantees that that criminal will never re-offend. And as a prosecutor, I will add that it gives me a certain amount of leverage in dealing with a suspect. Many criminals are willing to confess or hand over important information if I take the death penalty out of consideration. They'll still be in jail for the rest of their lives."

She lifted her shoulders. "That's one side of the issue. People on the other side say that the death penalty is barbaric, and that a government shouldn't be involved in revenge killings. Critics say that it's not effective as a deterrent, and that life imprisonment fulfills all the necessary conditions of punishment. Those against it will also note that it's rarely implemented in a fair manner: in most countries, the poor, the ethnic minorities, and the underclass will make up a majority of those put to death. And this is before we get to the much thornier issue of what happens when an innocent person is wrongly convicted. A life sentence can be commuted; if the prisoner's already dead, then the government has innocent blood on its hands."

"So let's talk about capital punishment. Whether the government has the right to take a life, and what that means for a free society." As an afterthought, she pulled out her class roster and squinted at it. "And ... Karla and ... Kurt? Congratulations, you're going to be my teaching assistants. If you strongly object to the idea, see me after class to lodge a complaint."

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"It isn't perfect," Alex said. "But it's what we've got. And you run that same risk, of someone innocent paying the price, no matter what crime you attach the death penalty to. If you only have it used for political assassinations, then you risk executing falsely-accused assassins. And what's wrong with emotions playing a part in justice?"

Dinah smiled kind of hopefully at that question, then paused to really think about it. "I guess there's the fear of bias. Eye for an eye, when we want to be something better. Making *somebody* pay, even if it's not the right somebody." This was so difficult to explain, when it made sense in her head. "Justice is supposed to be about the future," she said, thinking of Al Hawke. "Making things balanced for the victims and the public, without sacrificing everything else. Like fairness to the accused."

"Weighing prisoners' rights against the rights of the rest of society," Alex nodded. "Emotions are a two-way street. Compassion can extend to the accused, in some cases, but it's those same emotions that push us towards vengeance."

She smiled, wryly. "Mahatma Gandhi said 'an eye for an eye leaves the whole world blind.' I used it in a closing argument against an accused vigilante."

Eeep. And yet, that was a good point, and exactly where Dinah was trying to draw her own lines. "Do you ever think-- well, not that murder or vigilantism is justified." Dinah frowned. "But has there ever been a case, where you knew the murderer was guilty, but thought they deserved a reduced sentence, because of the circumstances?"

"All the time," Alex said easily. "My very first case with SVU, even. The defendant was a sixteen-year-old boy who had murdered his guardian. Our investigation turned up the fact that the guardian had been molesting him since the age of eight. He could have gone to someone in authority: he didn't have to kill. But he had his reasons there, too."

She had had to drag the truth from him, piece by horrifying piece, on the witness stand.

"The charge was manslaughter in the second degree, with a sentence recommendation. Not murder."

Dinah nodded slowly, turning that over in her head, face set. "That's an important part, isn't it? The public part, where everyone knows the truth. No secrets. So there's no question about whether it's justice or not. Even if... even if people don't want some things made public."

"Sunshine is the best disinfectant," Alex said. "Judicial motions in public, with as much transparency as possible. The government shouldn't be allowed to kill in secrecy."

Concepts of Justice and The Law [Period 4, Class #2, Jan 12]

Re: Discussion: Capital Punishment - JST02

Re: Discussion: Capital Punishment - JST02

Re: Discussion: Capital Punishment - JST02

Re: Discussion: Capital Punishment - JST02

Re: Discussion: Capital Punishment - JST02

Re: Discussion: Capital Punishment - JST02

Re: Discussion: Capital Punishment - JST02