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This journal entry is based on chapters 9 and 10 in Bilchitz et al (although the focus is on ch 10). You will possibly have to...Question
This journal entry is based on chapters 9 and 10 in Bilchitz et al (although the focus is on ch 10). You will possibly have to do further research on the question as well.
Read the following and answer the question below:
Set of facts as determined by credible witnesses to the event:
A conflict broke out between the state of Utopia’s military forces and rebels on Utopian territory. The rebels are part of a distinct ethnic minority in Utopia. On the morning of 10 July 2022, 21-year old Lawrence Mpofu and seven members of the 7th Military Unit of the army of Utopia were instructed to go to Silica, a small farmstead 50 km southwest from their base in the capital of Sikkim. When they arrived at Silica, they were told that captured men and boys of the enemy rebels would be arriving by bus throughout the day.
When the civilians arrived, they were taken to a nearby field where they were lined up with their backs to the assembled 7th Military Unit’s firing squad. The members of the 7th Military Unit, including Lawrence Mpofu, who composed the firing squad, then killed the men and boys. Lawrence Mpofu used an AK-47 to complete the task. It is estimated that about 1000 people were killed in this way.
Witnesses estimated that Lawrence personally killed about 40 people. In the testimony of another member of the 7th Military Unit who participated in the killings that day, named John Smith, it was only when they arrived at Silica that they were informed of the work required of them. Witness Smith noted that Lawrence immediately refused to do this task but was threatened by the commander in charge of the operation (named Lt. Callous) with instant death and told “If you don’t wish to do it, stand in the line with the rest of them and give others your rifle so that they can shoot you”. Witness Smith was convinced that Lawrence believed that he would have been killed or that his wife or child would have been directly threatened if he failed to comply with the instruction. Regarding this, Smith claimed to have seen the commander ordering a member of the 7th Military Unit to be killed because he had refused to obey the order. Witness Smith noted that despite all of this, he saw how Lawrence Mpofu still attempted to spare a man between 60 to 70 years of age. Witness Smith testified further that Lawrence Mpofu then opposed the order of another commander to participate in the execution of 100 men and boys being detained in a nearby public building. He was able to refrain from committing this further crime because three of his comrades (including witness Smith) supported him when he refused to obey.
After the end of the conflict, murder charges were brought against Lawrence Mpofu and he voluntarily handed himself over to the authorities of Utopia so that the trial could take place. Witness Smith noted that in their private conversations, Lawrence Mpofu continuously reiterated his loathing of war and that he deeply regretted getting involved in it.
Imagine you are the judge in this case and that you have found Lawrence Mpofu guilty of murder. In other words, the merits of the case were decided and you are now at the sentencing stage. It is now for you to consider (by discussing different viewpoints and providing a critical explanation) how to philosophically justify the sentence you want to impose. Your answer should be between 400-500 words in length. (10)
Answer this question by comparing and contrasting the arguments of Forward-looking theories of punishment(The utilitarian theory of punishment by Jeremy Bentham) and the Backward-looking theories of punishment(The expressive Retributivism theory by Hampton Jean as outlined in chapter 10 of the above mentioned textbook) and do not forget to take into account the fact that mpofu was threatened by the commander to commit these crimes also add the sentence you want to impose against Mpofu and justify it with these theories.
Read the following and answer the question below:
Set of facts as determined by credible witnesses to the event:
A conflict broke out between the state of Utopia’s military forces and rebels on Utopian territory. The rebels are part of a distinct ethnic minority in Utopia. On the morning of 10 July 2022, 21-year old Lawrence Mpofu and seven members of the 7th Military Unit of the army of Utopia were instructed to go to Silica, a small farmstead 50 km southwest from their base in the capital of Sikkim. When they arrived at Silica, they were told that captured men and boys of the enemy rebels would be arriving by bus throughout the day.
When the civilians arrived, they were taken to a nearby field where they were lined up with their backs to the assembled 7th Military Unit’s firing squad. The members of the 7th Military Unit, including Lawrence Mpofu, who composed the firing squad, then killed the men and boys. Lawrence Mpofu used an AK-47 to complete the task. It is estimated that about 1000 people were killed in this way.
Witnesses estimated that Lawrence personally killed about 40 people. In the testimony of another member of the 7th Military Unit who participated in the killings that day, named John Smith, it was only when they arrived at Silica that they were informed of the work required of them. Witness Smith noted that Lawrence immediately refused to do this task but was threatened by the commander in charge of the operation (named Lt. Callous) with instant death and told “If you don’t wish to do it, stand in the line with the rest of them and give others your rifle so that they can shoot you”. Witness Smith was convinced that Lawrence believed that he would have been killed or that his wife or child would have been directly threatened if he failed to comply with the instruction. Regarding this, Smith claimed to have seen the commander ordering a member of the 7th Military Unit to be killed because he had refused to obey the order. Witness Smith noted that despite all of this, he saw how Lawrence Mpofu still attempted to spare a man between 60 to 70 years of age. Witness Smith testified further that Lawrence Mpofu then opposed the order of another commander to participate in the execution of 100 men and boys being detained in a nearby public building. He was able to refrain from committing this further crime because three of his comrades (including witness Smith) supported him when he refused to obey.
After the end of the conflict, murder charges were brought against Lawrence Mpofu and he voluntarily handed himself over to the authorities of Utopia so that the trial could take place. Witness Smith noted that in their private conversations, Lawrence Mpofu continuously reiterated his loathing of war and that he deeply regretted getting involved in it.
Imagine you are the judge in this case and that you have found Lawrence Mpofu guilty of murder. In other words, the merits of the case were decided and you are now at the sentencing stage. It is now for you to consider (by discussing different viewpoints and providing a critical explanation) how to philosophically justify the sentence you want to impose. Your answer should be between 400-500 words in length. (10)
Answer this question by comparing and contrasting the arguments of Forward-looking theories of punishment(The utilitarian theory of punishment by Jeremy Bentham) and the Backward-looking theories of punishment(The expressive Retributivism theory by Hampton Jean as outlined in chapter 10 of the above mentioned textbook) and do not forget to take into account the fact that mpofu was threatened by the commander to commit these crimes also add the sentence you want to impose against Mpofu and justify it with these theories.
Answers
GPT 3.5
When considering the sentencing of Lawrence Mpofu for his role in the killings of civilians during the conflict in Utopia, one must take into account the different philosophical justifications for punishment. In this case, we can compare and contrast the arguments of Forward-looking theories of punishment (such as the utilitarian theory of punishment by Jeremy Bentham) and the Backward-looking theories of punishment (such as the expressive retributivism theory by Jean Hampton).
According to the utilitarian theory of punishment put forth by Bentham, the primary goal of punishment is to maximize overall happiness or utility in society. Punishing individuals like Mpofu serves as a deterrent to others who may contemplate committing similar crimes in the future. By imposing a harsh sentence on Mpofu, society sends a clear message that such actions will not be tolerated, thereby preventing potential future harm. Additionally, punishment can also serve to reform the individual, with the hope that they will eventually be able to reintegrate into society as law-abiding citizens. In this case, sentencing Mpofu to a lengthy prison term or even life imprisonment could be justified from a utilitarian perspective, as it would serve to deter others from committing similar crimes and protect society from potential harm.
On the other hand, the expressive retributivism theory by Hampton focuses on the moral desert of the offender. According to this theory, individuals deserve punishment as a form of retribution for the harm they have caused. Punishment is seen as an expression of societal condemnation for the wrongdoing, seeking to restore the moral balance that was disrupted by the crime. In Mpofu's case, his actions resulted in the deaths of numerous innocent civilians, and he must be held accountable for the harm he inflicted. From a retributive standpoint, sentencing Mpofu to a significant prison term or even a sentence of life imprisonment would be justified as a way to acknowledge the severity of his crimes and ensure that justice is served.
Taking into consideration the fact that Mpofu was threatened by his commander to commit these crimes, it could be argued that his moral culpability was diminished to some extent. However, the fact remains that he still actively participated in the killings of civilians, including personally killing a significant number of individuals. Ultimately, the sentencing decision would need to balance the utilitarian goal of deterrence and protection of society with the retributive principle of holding the offender accountable for his actions.
In this case, I would impose a sentence of 25 years to life imprisonment for Lawrence Mpofu. This sentence takes into account both the forward-looking deterrent effect it would have on potential future offenders, as well as the backward-looking principle of retribution for the harm he caused. It is a balanced approach that seeks to uphold justice while also considering the circumstances under which Mpofu acted.
According to the utilitarian theory of punishment put forth by Bentham, the primary goal of punishment is to maximize overall happiness or utility in society. Punishing individuals like Mpofu serves as a deterrent to others who may contemplate committing similar crimes in the future. By imposing a harsh sentence on Mpofu, society sends a clear message that such actions will not be tolerated, thereby preventing potential future harm. Additionally, punishment can also serve to reform the individual, with the hope that they will eventually be able to reintegrate into society as law-abiding citizens. In this case, sentencing Mpofu to a lengthy prison term or even life imprisonment could be justified from a utilitarian perspective, as it would serve to deter others from committing similar crimes and protect society from potential harm.
On the other hand, the expressive retributivism theory by Hampton focuses on the moral desert of the offender. According to this theory, individuals deserve punishment as a form of retribution for the harm they have caused. Punishment is seen as an expression of societal condemnation for the wrongdoing, seeking to restore the moral balance that was disrupted by the crime. In Mpofu's case, his actions resulted in the deaths of numerous innocent civilians, and he must be held accountable for the harm he inflicted. From a retributive standpoint, sentencing Mpofu to a significant prison term or even a sentence of life imprisonment would be justified as a way to acknowledge the severity of his crimes and ensure that justice is served.
Taking into consideration the fact that Mpofu was threatened by his commander to commit these crimes, it could be argued that his moral culpability was diminished to some extent. However, the fact remains that he still actively participated in the killings of civilians, including personally killing a significant number of individuals. Ultimately, the sentencing decision would need to balance the utilitarian goal of deterrence and protection of society with the retributive principle of holding the offender accountable for his actions.
In this case, I would impose a sentence of 25 years to life imprisonment for Lawrence Mpofu. This sentence takes into account both the forward-looking deterrent effect it would have on potential future offenders, as well as the backward-looking principle of retribution for the harm he caused. It is a balanced approach that seeks to uphold justice while also considering the circumstances under which Mpofu acted.