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)
When considering the sentencing of Lawrence Mpofu for his involvement in the mass killings, one would need to contemplate the philosophical justifications for punishment from both forward-looking and backward-looking perspectives.
From a forward-looking perspective, such as Jeremy Bentham's utilitarian theory of punishment, the focus is on the future consequences of punishment. Utilitarians argue that punishment should aim to maximize overall happiness or reduce overall suffering in society. In the case of Lawrence Mpofu, the punishment imposed should aim to deter him and others from committing similar crimes in the future. This may involve imprisonment, rehabilitation, or other forms of correctional programs to prevent further harm to society. By punishing Mpofu in a way that deters him and others from engaging in similar acts of violence, the utilitarian perspective seeks to promote the greatest good for the greatest number.
On the other hand, backward-looking theories of punishment, such as Jean Hampton's expressive retributivism, focus on the past actions of the offender and the underlying moral culpability for their crimes. Retributivists argue that punishment is justified based on the idea that offenders deserve to be punished for their wrongdoing. In the case of Lawrence Mpofu, the focus would be on ensuring that he receives a punishment that is proportionate to the harm he caused and that reflects the moral wrongfulness of his actions. This could involve imposing a sentence that is based on the severity of the crime and the degree of his culpability, rather than focusing solely on the future consequences of punishment.
In the case of Lawrence Mpofu, a judge may consider a combination of both forward-looking and backward-looking justifications for sentencing. From a utilitarian perspective, the judge may seek to impose a punishment that deters Mpofu and others from committing similar acts of violence in the future, thus promoting overall happiness and reducing suffering in society. At the same time, from a retributivist perspective, the judge may seek to ensure that Mpofu receives a punishment that is proportionate to the harm he caused and reflects the moral wrongfulness of his actions.
In conclusion, philosophically justifying the sentencing of Lawrence Mpofu for his involvement in the mass killings would involve considering both forward-looking and backward-looking theories of punishment. By taking into account the future consequences of punishment and the moral culpability of the offender, a judge can strive to impose a punishment that is both effective in deterring crime and morally justified based on the severity of the offense.