punishment

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

Historical crimes, historical sentences?

Rolf Harris has been sentenced to five years and nine months in prison for sexual offences he committed at various points in the 60s, 70s and 80s.  There has been public outrage at the supposed leniency of his sentence, which will now be reviewed by the Attorney General to determine whether it will be sent to the Court of Appeal. Continue reading

Drinking alcohol or using drugs during pregnancy could become a crime

Recently a neuroscientist discovered he was a psychopath. He was studying the brain scans of psychopaths, and intended to use some brain scans of family members and one of himself for the control group. Now one of the brain scans from the control group show clear signs of psychopathy, so he thought he must have misplaced it. He checked the reference number, and found out it was his own brain! This came as a total surprise to him, he never showed any signs of psychopathy, yet, he was very convinced that if his brain scan showed similarities with that of psychopaths, he must be a psychopath himself. Retrospectively his wife admitted that she thought he had some of the signs like lacking in empathy, and he found some famous murderers in his family. Instead of hiding this intimate fact about himself, he wrote a book about it, showing how amazing brain scans are. His book argued that brain scans can detect a psychopath like him, who never had any compelling symptoms of psychopathy. Continue reading

Taking Rape Allegations Seriously: How Should We Treat the Accused?

Last week, the Crown Prosecution Service announced that it would not pursue further action against Oxford Union president Ben Sullivan, due to insufficient evidence arising from an investigation into the two accusations of rape and attempted rape made against him. In early May, Sullivan was arrested and released on bail, prompting a chaotic six-week period for the Union as the Thames Valley Police investigated the claims made against him. After Sullivan refused to resign, a number of high-profile speakers, including the UK director of Human Rights Watch, the Interpol secretary-general, and a Nobel Peace prize winner, pulled out of their speaking commitments as part of a larger boycott of Union events.

In an open letter (which has since been taken down) calling for the boycott, students Sarah Pine, who is Oxford University Student Union’s Vice President for Women, and Helena Dollimor wrote, “Remaining in his presidency continues to offer prestige and power to someone who is being investigated for rape. This undermines the severe nature of allegations of sexual offences.” In contrast, Oxford professor A.C. Grayling penned a response to the letter refusing to cancel his scheduled talk at the Union, noting, “I simply cannot, in all conscience, allow myself to act only on the basis of allegations and suspicions, or of conviction by the kangaroo court of opinion, or trial by press…” In this post, I look at the spectrum of responses in the wake of Sullivan’s arrest, of which these two examples represent the poles. More broadly, I consider how we ought to respond – both as individuals and a society – when those in positions of power are accused of rape or other sexual offences. Continue reading

Lethal Injection: Time for the Chop

On 29th April 2014, Clayton Lockett, 38, was executed by lethal injection in Oklahoma for the heinous crimes he committed fourteen years earlier.

 That evening, he was escorted to the execution chamber and placed on the table.  An intravenous line was inserted in his groin.

 At 6.23pm, he was given midazolam, a sedative intended to render him unconscious.  He should normally have lost consciousness within a minute or two.  Seven minutes later, a doctor declared that Mr Lockett was still conscious.  After a further three minutes, the doctor checked again and declared him unconscious.  It is unclear what criteria he used to come to this conclusion, but the events that followed indicate that Mr Lockett was still partially conscious.  Vecuronium was then administered to paralyse his muscles, followed by potassium chloride to stop his heart. Continue reading

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