Post by John Uliano on Feb 17, 2021 16:20:26 GMT
I identify the problem of the Crime & Punishment example as whether Doris should be granted clemency for a crime she committed because she was able to successfully escape from prison and avoid recapture for 34 years, while living an ostensibly “model” life.
It seems that Doris regrets having gotten herself into the situation of selling drugs, acknowledging that her age and immaturity (“stupid, little…hippie-ish girl”) negatively impacted her behavior. She also seems to be ashamed of her actions, as she has never told her husband and family about the conviction. Doris feels guilty as to how her re-arrest and incarceration will affect her children. Doris has tried living her life responsibly in the years after her escape, volunteering and dedicating her life to raising her children, while under the constant worry of being taken back into custody. While not explicitly stated, and unable to directly ask Doris, I assume that she does not believe that she should be returned to prior to complete her sentence and should be granted clemency.
Doris’ family and neighbors find value in the life that Doris has lived since her escape from prison, which would seemingly impact their beliefs that she should be awarded clemency. A neighbor states this when noting that it would not be useful to society to return her to prison. Her husband appears to speak for the family when stating that his love for her is not changed based on her arrest and that she is a person of the “highest integrity”, thus suggesting that Doris should be granted clemency.
In consideration of the identified problem, the significance to legal and societal issues could be meaningful. Granting clemency could suggest that individuals convicted of crimes should explore escape to alleviate an imposed sentence, as one could presume there are no consequences to their actions. Additionally, and ideally, on a macro level, it could force our justice system to consider the purpose of incarceration, whether it is a means for punishment or rehabilitation. In this specific case, it is apparent to me that Doris was “rehabilitated” by her experience, as she adjusted her life so as to not sell drugs after her escape (or, to our knowledge, to commit further crimes).
My point of view in relation to the problem is that Doris should not be granted clemency. Escaping from prison and living a “model” life thereafter is admirable, it does not negate the fact that she committed a crime. In terms of some of the questions I asked myself, and maybe reflects some of my bias/values, “What was the motive for her escape?” and “Did she take accountability for her actions?”. Based on the information available, Doris does not necessarily take accountability for her actions. While she has regret and, as a result, guilt for her choices, she chalks up making them because she was at the time “little…girl”. Doris escaped from prison because she could not tolerate being there. She did not escape because she objected to the sentencing laws (considering age when a crime is committed or an individual’s means at the time) or because prison is punitive (as opposed to rehabilitative). Those honestly may have impacted my thought process. Also, not having the opportunity to ask more questions of Doris made this activity a bit challenging, although I made my choice with the limited information available. As an aside, while I do not believe Doris should receive clemency, I am not confident that returning her to prison is most logical either, and possibly there could be consideration given to commuting her sentence to community service or other type of sentencing in which she could share some of her life lessons.
In terms of my cognitive biases, I do struggle with “confirmation bias”. For this problem, it was a bit challenging, as I see it coming up in the importance I am placing on Doris’ motives and accountability, as those are important values to me. Additionally, though, having worked in city jail’s for many years, I do have strong feelings about the use of jails and prisons and their purpose from a “justice” perspective, as well as sentencing as it relates to drug offenses, so I tried to not let that part of my bias affect my thinking process.
It seems that Doris regrets having gotten herself into the situation of selling drugs, acknowledging that her age and immaturity (“stupid, little…hippie-ish girl”) negatively impacted her behavior. She also seems to be ashamed of her actions, as she has never told her husband and family about the conviction. Doris feels guilty as to how her re-arrest and incarceration will affect her children. Doris has tried living her life responsibly in the years after her escape, volunteering and dedicating her life to raising her children, while under the constant worry of being taken back into custody. While not explicitly stated, and unable to directly ask Doris, I assume that she does not believe that she should be returned to prior to complete her sentence and should be granted clemency.
Doris’ family and neighbors find value in the life that Doris has lived since her escape from prison, which would seemingly impact their beliefs that she should be awarded clemency. A neighbor states this when noting that it would not be useful to society to return her to prison. Her husband appears to speak for the family when stating that his love for her is not changed based on her arrest and that she is a person of the “highest integrity”, thus suggesting that Doris should be granted clemency.
In consideration of the identified problem, the significance to legal and societal issues could be meaningful. Granting clemency could suggest that individuals convicted of crimes should explore escape to alleviate an imposed sentence, as one could presume there are no consequences to their actions. Additionally, and ideally, on a macro level, it could force our justice system to consider the purpose of incarceration, whether it is a means for punishment or rehabilitation. In this specific case, it is apparent to me that Doris was “rehabilitated” by her experience, as she adjusted her life so as to not sell drugs after her escape (or, to our knowledge, to commit further crimes).
My point of view in relation to the problem is that Doris should not be granted clemency. Escaping from prison and living a “model” life thereafter is admirable, it does not negate the fact that she committed a crime. In terms of some of the questions I asked myself, and maybe reflects some of my bias/values, “What was the motive for her escape?” and “Did she take accountability for her actions?”. Based on the information available, Doris does not necessarily take accountability for her actions. While she has regret and, as a result, guilt for her choices, she chalks up making them because she was at the time “little…girl”. Doris escaped from prison because she could not tolerate being there. She did not escape because she objected to the sentencing laws (considering age when a crime is committed or an individual’s means at the time) or because prison is punitive (as opposed to rehabilitative). Those honestly may have impacted my thought process. Also, not having the opportunity to ask more questions of Doris made this activity a bit challenging, although I made my choice with the limited information available. As an aside, while I do not believe Doris should receive clemency, I am not confident that returning her to prison is most logical either, and possibly there could be consideration given to commuting her sentence to community service or other type of sentencing in which she could share some of her life lessons.
In terms of my cognitive biases, I do struggle with “confirmation bias”. For this problem, it was a bit challenging, as I see it coming up in the importance I am placing on Doris’ motives and accountability, as those are important values to me. Additionally, though, having worked in city jail’s for many years, I do have strong feelings about the use of jails and prisons and their purpose from a “justice” perspective, as well as sentencing as it relates to drug offenses, so I tried to not let that part of my bias affect my thinking process.
