The criminal justice system was founded with
the intent to take into consideration the people who follow the social order
and those who act against it. While people who follow the order are rewarded
with an opportunity to make a comfortable life for themselves, those who don’t
are punished. A punishment
typically involves some sort of penalty ranging from a fine to imprisonment to
execution. These are meant to rehabilitee people as well as deter crime. Having
your freedom stripped away within the confines of stone walls and metal bars
gives a criminal an opportunity to introspect on their lives and find reasons
to live in peace with the social order rather than against it.
Without a doubt, we the people have ignored
the rehabilitation effects that our justice system provides. Tookie Williams is
a prime example of the rehabilitation effects of our justice system. The
founder and ex member of one of the most widely known street gangs in the US
has renounced his former ways and creation and has promoted peace among people
as well as condemning the actions and purpose of his creation.
His clemency should be approved not due to
the public opinion or publicity surrounding it but that he is rehabbed and is
ready to return as a major contributor for society and its social order. He
speaks against gang activity. Being a founder of a gang, he speaks with a high
level of credibility that neither police officer nor prosecuting attorney can
speak with. Williams, if he were
to be given clemency, he certainly would and take the opportunity to reach out
to the lives of all youth as well as current gang member to show them that the
apparently glamorous life of a gangster is not the ideal way to live. He is
also a shinning example to any community of how even the worst situations can
lead to something great.
That’s a good argument, Diana, especially as you first point out that the purpose of punishment is rehabilitation, and that public opinion is not the reason to grant clemency, but the fact that Williams learned his lesson and is a better person now. Since no other student commented on your argument, let me take the other position: As a retributivist I believe that the main purpose, if not the only purpose of punishment, is to serve justice. Thus, punishment should be inflicted as it is deserved. A person is justly punished if she gets what she deserves for the act committed, independently of some gain or loss for society, and regardless of acts that are committed after the crime for which the punishment is inflicted. Regarding deterrence, you seem to imply that since Williams is a changed person, he does not need to be deterred any more. But clemency for Williams will weaken the deterrent effect of punishment in general, as it sends the message to others that a sentence will be reduced as long as you change your behavior afterwards.
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