That was cool, I didn’t know any of that.
What gets me is that despite my highfalutin words, a large part of me still sees the “logic” in returning a punishment greater than the original crime. “So you wanna hurt me and mine, huh? Then suffer tenfold harm! That’ll learn ya!” It just feels so… natural that punishments more severe than the original crimes are the criminals’ just deserts. But that just ain’t so.
Yeah, that’s true. The whole legal process is designed to judge things impartially, and not just create a circus of bloodlust.
One of the many problems with it, though, is that it reinforces the standard of blood-for-blood, even as we try to implement it as impartially as possible. With American acceptance of the death penalty, we accept in principle the idea that a life can justifiably be taken as a government-approved penalty for murder. Now I didn’t cry any tears for, say, Timothy McVeigh, but not every murder in the world can be examined in the cool, impartial chambers of the law.
When we have the general societal principle that death pays for death, but then suddenly have a terrible tragedy such as a terrorist attack that can’t be solved in a courtroom, then we seek to invoke that retributional principle in other ways, which sad to say is normally militarily. Dumb, dumb, dumb. Terror is not a military operation. There is no possible “war” against it. To stop such attacks requires good police work on an international level, not so-called “pre-emptive” invasions.
I can’t prove it, of course, but I think that if we all as a society moved away from this idea of retributional death in our courts, then it would help us to consider our options more dispassionately as we respond to terrible events like 9/11. As it happened, we lashed out violently against not only the country that attacked us, but also another totally unrelated evil country, and in so doing we’ve created a giant pool of resentment that will fuel terrorist recruiting for another generation at least.
So yeah, modern courts implement the penalty as best they can, but I still think the very existence of the penalty reinforces a potentially self-destructive principle.