Punishment

-- By LeylaHadi - 08 Apr 2013

Drunk Driving

I am trying to figure out what the law actually accomplishes. There is a running theme this semester, it seems, that is, the purpose of the law. But that is too broad a concept – the purpose of a law depends on the particular law. For example, the law on operating a vehicle while under the influence exists to establish that the state officially condemns the act, in hopes of preventing drunk driving. But a part of this law is the punishment, the axe that compels us to adhere to the rule. What is the purpose of this punishment for this law? To deter others from driving under the influence? As a form of retribution to the particular driver? But retribution for what exactly? What real evil has the drunk driver committed when he’s tailed and stopped by a police office? He drank and drove, which doesn’t show that he is evil or in need of retribution. Is it, then, to prevent a possible harm from occurring if he is allowed to continue drinking and driving? Well, no, because a police officer need only put him in the back of his car and take him home.

So, continuing with this particular situation, the purpose of punishing a drunk driver who has yet to actually harm anybody should not be retributive, if retribution is based on the moral right, and what is deserved. It must be, then, to make an example out of this particular drunk. Society has been warned that if they drink and drive (and are caught), they will pay. If they do it more than once, they will pay in more ways than one.

Larceny

Take a different criminal law though: larceny. The purpose of the rule against stealing from others is, again, to establish that the state condemns taking another person’s property without consent, to prevent it from happening. But if the law did not exist, and the government did not condemn larceny in an overtly dog-eat-dog world, I don’t think it’s clear that people would steal more, or that more people would steal. Society would have some sort of unwritten understanding not to take other people’s things, thus pretty much having the same people steal for the same reasons, regardless of the nonexistence of the law. They would still suffer condemnation from society, they would still become outcasts, except they would not be behind bars. So here, then, is the purpose of the punishment for larceny to rid society of thieves? And why is that ok, and why is it that the people who get to decide get to decide, and does it actually accomplish anything?

Mercy Killing

And then take an act like mercy killing. What is the purpose of locking someone up when they take the life of someone they love who is suffering with no hope of recovery, and requests an end?

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