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)
As the judge in this case, I am faced with the difficult task of determining an appropriate sentence for Lawrence Mpofu, who has been found guilty of murder in the context of a conflict between the state of Utopia’s military forces and rebels. While it is important to consider the circumstances in which the crimes were committed, including Lawrence’s coercion and attempts to resist orders, it is also critical to uphold the principles of justice and accountability.
One philosophical approach to justifying the sentence would be through retributive justice. The concept of retribution holds that punishment should be proportionate to the crime committed, with the severity of the punishment reflecting the severity of the wrongdoing. In this case, Lawrence Mpofu was directly involved in the killing of a significant number of men and boys, despite his attempts to resist some of the orders given to him. The sheer magnitude of the crimes committed cannot be ignored, and it is essential that justice is served for the victims and their families. Therefore, a significant prison sentence or possibly even a life sentence may be deemed appropriate in order to reflect the seriousness of the offenses committed.
On the other hand, the principle of human rights and moral considerations could also play a crucial role in determining the sentence. Lawrence Mpofu was coerced into committing these crimes under threat of death, and there is evidence to suggest that he deeply regretted his actions and expressed a strong aversion to war. Taking into account his attempts to resist some of the orders and the coercive environment in which he was operating, it could be argued that he should be given a more lenient sentence or even be granted some form of clemency. However, it is important to balance these considerations with the need for accountability and the protection of the rights of the victims.
Ultimately, the sentence imposed should aim to strike a balance between the need for justice, accountability, and rehabilitation. While Lawrence Mpofu’s circumstances and actions need to be taken into account, it is also important to ensure that the gravity of the crimes committed is acknowledged. A thoughtful and nuanced approach to sentencing, guided by a consideration of various philosophical principles, is essential in this complex and challenging case.