Under the Hampton Expressive Theory of Punishment, the primary purpose of sentencing is to express societal condemnation of the crime committed. This theory focuses on the moral communication aspect of punishment, rather than solely on deterrence or rehabilitation.
In the case of Lawrence Mpofu, who was found guilty of murder for his role in the killing of civilians during the conflict in Utopia, there are different viewpoints that can be considered when determining the appropriate sentence. Some may argue that Mpofu should be given a harsh punishment, such as life imprisonment or even the death penalty, as a way to express the seriousness of his crime and to deter others from committing similar acts in the future.
Others may argue that Mpofu should be given a more lenient sentence, taking into account the circumstances in which he was placed and his attempts to spare some of the victims. They may argue that Mpofu was acting under duress and should be given a chance at rehabilitation.
In this case, as the judge, I would impose a sentence that reflects the seriousness of Mpofu's actions while also taking into account his attempts to resist the orders to participate in the killings. I would sentence Mpofu to a lengthy prison term, but with the possibility of parole after a certain number of years. This would ensure that Mpofu is held accountable for his actions, while also allowing for the potential for rehabilitation and reintegration into society in the future.
This sentence would serve as a strong message of condemnation for Mpofu's actions, while also leaving room for the possibility of redemption and reform, in line with the principles of the Hampton Expressive Theory of Punishment.
A conflict broke out between the state of Utopia’s military forces and rebels on Utopian territory. Lawrence Mpofu was instructed to go to Silica. 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. 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 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 with instant death. 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. Witness Smith noted that despite all of this, he saw how Lawrence Mpofu still attempted to spare a man. Witness Smith testified further that Lawrence Mpofu then opposed the order of another commander to participate in the execution of 100 men. 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, You are the judge in this case and that you have found Lawrence Mpofu guilty of murder. you are now at the sentencing stage. Discuss different viewpoints and providing a critical explanation how to philosophically justify the sentence you want to impose using the hampton expressive theory of punishment.
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