punishment

Punishment and Memory

The public outcry at the decision of the Crown Prosecution Service that Lord Janner was not fit to stand trial for 22 sex offences, the last of which were allegedly committed in the 1980s, appears to have led the CPS to initiate a review. Janner’s case raises several issues about the punishment of crimes that may have taken place in the relatively distant past. Continue reading

Should we punish crimes from the distant past?

Former Auschwitz SS officer Oskar Gröning is currently being tried as an accessory to murder for his role as an administrator in the extermination camp, and the trial has stirred up a lot of debate. One strand of the debate addresses the question whether Gröning was complicit in the extermination of prisoners, and whether he was culpable for this complicity. (Roger Crisp wrote a fascinating post on this a couple of weeks back.) But another strand – and the strand that I want to look at here – has addressed the question whether former Nazi war criminals should be tried and punished for deeds in their distant past. Eva Mozes Kor, an Auschwitz survivor and witness in Gröning’s trial has claimed that he shouldn’t be tried, though he should use his knowledge to help fight holocaust denial.

Let’s suppose that Gröning was indeed a culpable accomplice to murder. Should he then be punished? More generally, should serious crimes from decades go be punished? My intuition is that they should, but reflecting on why I have found it is not straightforward to defend this view. Continue reading

Lord Janner: Sex, dementia and the public interest

In deciding whether or not to prosecute, the Crown Prosecution Service (CPS) applies a two-stage test. The first stage is the evidential stage: is there a realistic prospect of conviction? The second stage is the public interest stage: is it in the public interest to prosecute?

In the well-publicised case of the Labour Peer Lord Greville Janner the CPS has decided, in relation to a number of very serious sexual offences, that the evidential test has been passed. However, four expert clinicians, two instructed by the CPS and two instructed on behalf of Lord Janner, are in unanimous agreement that Lord Janner suffers from a degenerative dementia that is rapidly becoming more severe. He could not engage meaningfully with any trial process. There is no prospect of recovery, and no risk of future offending.

The CPS has decided that a prosecution would not be in the public interest. It has published detailed reasons. Continue reading

The Luck of Oskar Groening

Oskar Groening – the so-called ‘Bookkeeper of Auschwitz’ who counted money taken from prisoners – is now on trial in Lueneberg. Some philosophers suggest that our moral assessment of people like Groening should take into account his ‘bad luck’ in having the opportunities he was offered to join the SS in 1942, and so on.

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Should remorseful offenders be punished less harshly?

New Book: ‘Remorse, Penal Theory and Sentencing’ (Oxford: Hart Publishing)

If an offender is genuinely remorseful about the crime she committed, should she receive some small-but-non-trivial mitigation of her sentence? – i.e. should she be punished a little bit less than she would have been had she not been remorseful? In many jurisdictions, including England and Wales, this practice is written into the sentencing guidelines that judges have to follow. However, it is difficult to see how this practice can be justified, and intuitions about the relevance of remorse to criminal sentencing seem to vary wildly.

One first obvious concern is that it can be difficult to know whether an offender’s remorse is genuine: is she just pretending in the hope that her sentence will consequently be somewhat lighter than it would otherwise have been? Whilst the possibility of simulation indeed presents a practical challenge, the prior question is whether an offender’s genuine remorse should matter at all. Should judges try to determine whether an offender is remorseful and, if so, with what consequences? Continue reading

Should We Reward Psychopaths?

Psychopaths frequently make the news and rarely for good reasons. Take, for instance, the recent case of Becky Watts, a 16-year old girl who was abducted and murdered in Bristol; her body parts were discovered by the police at a house in Barton Court, Bristol. While her murder remains unsolved, it is hard not to suspect that there is a person with psychopathic tendencies behind it. And this is not unreasonable. Between 25 to 30 percent of crimes are committed by psychopaths, despite them representing only 1 percent of the population. The percentages are especially high for extremely violent crimes such as rape and homicide. Given the detrimental effect psychopaths have on society, is there a way to cure them or at least to reduce their negative impact on society?

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Wrongdoing and the Harm it Causes

One of the arguments against military humanitarian intervention (or wars or invasions justified on similar grounds, viz., averting harm) is that given how much such actions cost, those resources could be better used to alleviate more harm elsewhere. Against such arguments it could be suggested that humanitarian intervention stops wrongdoing and so, while we might be able to alleviate more harm elsewhere, the fact that the harm is the result of wrongdoing makes it more important. Such arguments are something I’ve been discussing with people over the past week so thought I may set them out here.

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Harsher sentences for murder of a police officer: what are the arguments?

The recent media coverage of the Parole Board’s decision to release Harry Roberts after serving his (minimum) murder sentence has reignited debate over how those convicted of killing a police officer should be punished. The fact that the people Roberts murdered were police officers seems to be of great significance in the outcry about his release: not only did he murder, he murdered police officers.

The current law in England and Wales states that the murder of a police (or prison) officer in the course of duty is a factor indicating a murder of ‘particularly high seriousness’, which must attract a minimum sentence of 30 years. Other factors indicating particularly high seriousness include: Continue reading

Should we do more to help paedophiles?

By Rebecca Roache

Follow Rebecca on Twitter here

Luke Malone has published an extremely moving, disturbing, and distressing article in Medium, entitled ‘You’re 16. You’re a pedophile. You don’t want to hurt anyone. What do you do now?’ (warning: Malone’s article contains a graphic description of child abuse). The article focuses on ‘Adam’, a young man who, aged 16, was horrified to discover that he was sexually attracted to children. Disturbed by his sexual desires, and desperate to avoid acting on them, he suffered depression and initially used child pornography as an outlet for his feelings. (He subsequently stopped doing this.) Adam describes how he eventually went to see a therapist, who was unsympathetic, inexperienced in this area, and ultimately of little help. It turns out that, despite the fact that paedophilia is recognised as a mental disorder, there are major obstacles to helping people who, like Adam, are desperate to avoid harming children. Malone summarises some of the main problems: Continue reading

The Indignity of Imprisonment

            Do we need to radically rethink the practice of imprisonment of criminals – not in the direction of novel forms of punishment, but rather in the form of vastly reducing punitive imprisonment altogether?  While prisons are integral to modern criminal justice system, a report from the British Academy earlier this month puts serious pressure on the institution.  Their overall argument is that we should move away from current levels of incarceration and focus on alternative responses to criminality like fines, rehabilitation programs and restorative justice.  Part of the report rehashes familiar empirical, consequentialist arguments for prison reform: prisons are expensive, they have deleterious effects on society, they have unclear deterrent effects, and so on.   Those arguments are relevant and important, but in this post I’d like to focus on the more theoretical, non-consequentialist arguments for prison reform.  The British Academy report argues that, in essence, current imprisonment practices are incompatible with the values of liberal democracy.  This is roughly in line with a growing body of philosophical literature militating against mass incarceration and other forms of punishment.  Here, I’ll go through some of the report’s arguments (and one of its weaknesses), as well as introduce an alternative account I’m developing that links up the imprisonment debate with the torture debate and emphasizes a respect for dignity and humanity. Continue reading

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