S
StephenW
Guest
Certainly.
Think of someone defrauding a vast number of people, involving massive sums of money, and thus, financially ruining these people and destroying their retirements. That is exactly what happened with Enron in 2001. If achieving justice is not a goal, but only the protection of society, then, all that is needed, in this case, is to remove these criminals from the company, such that they are no longer in positions of power that would enable them to repeat the offense elsewhere. Actually, you don’t even need to remove them from the company, but just demote them to a non-executive position.
Can you get a sense of the injustice involved if all one is doing by prison is preventing the criminal from committing the crime again (i.e. protecting society)? Furthermore, if the criminal, even if only for practical reasons, cannot commit the crime again (e.g. no more opportunity exists), then, there is no longer a basis for keeping him in prison.
Now, apply this to someone like Charles Manson and his bloody, heinous murders in the late 60’s. If he was in prison only to protect society from him, then, there is a glaring lack of justice involved. Whether it is Manson or the executives involved in the Enron fraud, not paying the debt of justice does harm to the common good of society.
So, again, the question is if there is an offence that is so grave that justice demands that it be redressed by the death penalty? Another way to put it is to ask, would not using the death penalty in some of the most horrific cases result in an injustice? It seems clear that it would be an injustice to society not to put the Enron executives in prison, just because they could never be able to repeat a like crime. The punishment, of course, must be commensurate with the deed, that is, the justice that is demanded. The Enron executives, of course, should not be put to death for what they did. Another way to put the question is this: Is there nothing that anyone could ever possibly do, and nothing that anyone has ever done, such that justice would demand that they be put to death?
Think of someone defrauding a vast number of people, involving massive sums of money, and thus, financially ruining these people and destroying their retirements. That is exactly what happened with Enron in 2001. If achieving justice is not a goal, but only the protection of society, then, all that is needed, in this case, is to remove these criminals from the company, such that they are no longer in positions of power that would enable them to repeat the offense elsewhere. Actually, you don’t even need to remove them from the company, but just demote them to a non-executive position.
Can you get a sense of the injustice involved if all one is doing by prison is preventing the criminal from committing the crime again (i.e. protecting society)? Furthermore, if the criminal, even if only for practical reasons, cannot commit the crime again (e.g. no more opportunity exists), then, there is no longer a basis for keeping him in prison.
Now, apply this to someone like Charles Manson and his bloody, heinous murders in the late 60’s. If he was in prison only to protect society from him, then, there is a glaring lack of justice involved. Whether it is Manson or the executives involved in the Enron fraud, not paying the debt of justice does harm to the common good of society.
So, again, the question is if there is an offence that is so grave that justice demands that it be redressed by the death penalty? Another way to put it is to ask, would not using the death penalty in some of the most horrific cases result in an injustice? It seems clear that it would be an injustice to society not to put the Enron executives in prison, just because they could never be able to repeat a like crime. The punishment, of course, must be commensurate with the deed, that is, the justice that is demanded. The Enron executives, of course, should not be put to death for what they did. Another way to put the question is this: Is there nothing that anyone could ever possibly do, and nothing that anyone has ever done, such that justice would demand that they be put to death?