http://glasses-justice.livejournal.com/ ([identity profile] glasses-justice.livejournal.com) wrote in [community profile] fandomhigh2010-01-12 12:20 pm
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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."
glacial_queen: (Discontent)

Re: Discussion: Capital Punishment - JST02

[personal profile] glacial_queen 2010-01-12 08:55 pm (UTC)(link)
"In my world, the question isn't really about letting dangerous murderers live," Karla said quietly. "While we have no laws against murder, each person knows that they're literally taking their life in their own hands as soon as they raise those hands against another. It can be taken by anyone who has a right to call in the debt that the was incurred by the taking of the life. As a Queen, my right to that debt outweighs any other claimants--thus ending the spectre of a blood feud. As a system, it works well...so long as the Queen in question actually cares about justice and the well-being of her people."
glacial_queen: (Conversation 7)

Re: Discussion: Capital Punishment - JST02

[personal profile] glacial_queen 2010-01-12 09:12 pm (UTC)(link)
"She has her First Circle," Karla said, nodding, "and it's filled with people she trusts. While they can't overrule her, there's the understanding that if the majority of males in her First Circle oppose an action and she takes it anyway, she is signaling that she no longer desires their counsel. They can resign their contracts and if she can't get enough other males to fill those contracts, she can no longer rule. And if she becomes too much a monster...other steps can be taken."
glacial_queen: (Class-Lecture)

Re: Discussion: Capital Punishment - JST02

[personal profile] glacial_queen 2010-01-12 10:14 pm (UTC)(link)
"If you know of a system of governance impervious to corruption," Karla said with a wry smile, "I would pay you for the knowledge."

Tucking her hair behind her ear, she added, "There are other, larger-scale checks and balances, too. A Village Queen is the most answerable to her people, as she will have the hardest time filling her Court if she loses members. Above her are District and Province Queens and the Territory Queen who rules them all. Each Queen is voted to her position by the group below her, so even if a Province Queen can find puppet males to join her Court, the Village and District Queens can vote someone else to take her place. And if she refuses...well, like I said, there are other steps that can be taken. Which is why we don't consider the murder of a Queen to automatically be treason."