The finality of it all is what bothers me. You say 'clearly responsible', but people who were 'clearly responsible' in the past have been wrongfully convicted. It's not right, especially when you admit that the root of wrongful convictions are caused by flawed investigations--all parties to this are human and thus prone to error. For that reason, I would think it best to not become the very thing you are punishing because the state can be wrong...and it can't undo its actions any more than the people involved in the crime can.Turquoise wrote:
No argument here. I would agree that capital punishment has unfortunately killed the wrong people sometimes. There is a very high profile case of this being investigated in Texas.SenorToenails wrote:
Justice is based on something more than just 'you did X, you get X'. Vengeance is exactly that, and it's obtainable because it's the easy way. It's also inhumane. And then there is the possibility of wrongful conviction...because then you've just maimed the wrong guy. What happens then? Where is his vengeance?Turquoise wrote:
To a degree, yes. But then again, we might as well call the justice system the vengeance system, because in practice, it functions this way far more often.
Justice is an idealistic concept that is hard to quantify and even harder to really administer. Vengeance is generally the best that most societies accomplish.
So yes, "an eye for an eye" certainly has drawbacks as a mode of punishment, although I would suggest this is not because of any moral reasons. Wrongful convictions are the result of a flawed investigation. So, for that reason, I believe the harshest punishments should be limited to very heinous cases. If the punishment for paralyzing someone in a fight is paralysis, then the defendant should be given a few attempts at appeals before suffering paraylsis himself.
However, if someone is clearly responsible for this injury upon someone in a context where there was an attempt at making the victim suffer permanent damage or an attempted murder, then I believe the punishment of paralysis is fully justified.
If this man truly did act with malice toward the victim in a senseless and murderous display of violence, then I believe it really is justice to paralyze him in return. Sometimes, I believe vengeance and justice are one and the same, but then again, my ethics are very utilitarian.
This is nothing wrong with utilitarian ethics--as long as you recognize the shortcomings.