Punishing an innocent person

Punishing an innocent person All societies around the world have adopted a set of laws that have been precisely designed to create an environment of peace, order and respect for universal human rights like the right to life.Advertising We will write a custom essay sample on Punishing an innocent person specifically for you for only $16.05 $11/page Learn More It has therefore been necessary to create institutions such as the police force and courts of law; which have been given a responsibility of detecting, arresting and punishing individuals that fail to live by established laws in a society. Generally, we have been intuited by our consciousness and our societies to approve punishments for the guilty (Those that have trudged on other’s rights or broken set laws). However, as we have often observed, our societies are so complex that it is hardly possible to establish a comprehensive system of appreciating the just and punishing the guilty. Just like the guilty, the innocent have and will continue to be punished. A number of philosophical thoughts have therefore been presented on the morality of punishing the innocent intentionally. These philosophical thoughts have tried to justify the punishment of an innocent person in some specific circumstances. It is useful here to evaluate the meaning of innocence. According to Murphy (2007), it is much easier to define innocence from the legal perspective as compared to doing the same from a moral perspective. From a legal perspective, someone can be judged to be guilty (the reverse of innocent) if he/she has engaged in an act or behavior that is not allowed by a set of rules governing a society where he/she comes from (Murphy, 2007). Moving to the moral field, the threshold moves to the grey scale as one is obliged to apply theories on morality, which often contradict each other, in order to define innocence (Murphy, 2007).Advertising Looking for essay on philosophy? Let's see if we can help you! Get your fi rst paper with 15% OFF Learn More The utilitarian moral theory is oftentimes applied to justify the punishment of an innocent individual (Murphy, 2007). According to the utilitarian theory, an action or behavior can be evaluated to be morally acceptable or not depending on the effects that it will bring to the greatest number of people (Kay, 1997). When an action brings about happiness and pleasure to an extensive portion of a population that it will affect, then, such an action is morally acceptable in the eyes of a utilitarian (Kay, 1997). However, when an action brings about suffering and pain to an extensive segment of a population that it will affect, then, such an action is judged to be morally wrong in the eyes of a utilitarian (Kay, 1997). Considering that the process of punishing any person will automatically bring about pain to the one undergoing punishment, such a process will be morally acceptable to a utilitarian if it brings about joy to the most extens ive segment of a population (Kay, 1997). The action of punishing a person for breaking a law/laws cannot therefore be acceptable to a utilitarian if the action will fail to contribute in bringing joy to many (Kay, 1997). The innocence of an individual as it pertains to punishment is therefore of less importance here. What matters however is the effect of the punishment on the largest section of a populace-whether it will be able to bring them pleasure or pain (Kay, 1997). It is therefore possible to picture some complex scenarios that may justify the intentional punishment of an innocent person as it pertains to the utilitarian theory. For example, let’s imagine that a rioting and destructive mob capable of destroying properties as well as killing and injuring thousands of lives is demanding that a certain individual be killed (Newman, 1995). In this case, releasing the person whose life has been demanded by the destructive mob will definitely lead to many killings and pain; bringing about suffering and pain to many (Newman, 1995). On the other hand, killing the person whose life has been demanded by the destructive mob will deter the mob, and therefore save many lives and property, preventing pain for many (Newman, 1995). In this case, although the concerned person may be innocent; at least in legal terms, an individual or party that is guided by utilitarian principles will not hesitate to punish him (the person whose life has been demanded by the destructive mob) even if it means murdering him, because such an action will be deemed to have prevented suffering for the largest segment of a population (Newman, 1995).Advertising We will write a custom essay sample on Punishing an innocent person specifically for you for only $16.05 $11/page Learn More What about a person that has not been confirmed to be guilty and is held by the police for the reason that releasing such a person will lead to a series of crimes like murder that w ill immediately be done by the person in custody from the moment he is released (Newman, 1995). The person in custody, although innocent, can therefore be subjected to punishment as he is held in a prison where he endures limited freedom and deplorable living conditions in order to prevent him from bringing about harm to a portion of a society where he operates from (Newman, 1995). On the other hand, the person in custody can be given freedom by releasing him from custody, something that will precede a series of sufferings to a portion of a society where he operates from (Newman, 1995). The preferable action in the eyes of a utilitarian will therefore involve keeping the innocent person in custody, since this will prevent suffering to many. The person in custody is therefore sacrificed in order to save the largest portion of the society from pain (Newman, 1995). It may also be necessary for a government to design and implement a policy tailored to combat a wrong that has been done t o a population segment and bring the level of that segment to that of others in a society, as it pertains to their economic wellbeing among other parameters (Kay, 1997). Such a process will involve establishing policies like affirmative action to specifically favor minorities and the powerless in a society. Implementing affirmative action means that individuals living in a society where such a policy is implemented will be compelled to sacrifice some of their rights that they would otherwise have enjoyed; such as the access to employment and education, in order for such rights to be distributed to minorities (Kay, 1997). Although members of such a society may be innocent from oppressing minorities, they have been obliged to endure some form of punishment: when they sacrifice part of their rights (Kay, 1997). Such a price and sacrifice is of necessity in order for a government to accommodate every citizen and for the promotion of equality within a society. For the purpose of preservi ng an important moral value that has been threatened in a society, say the value of freedom, a process that may involve punishing the innocent may become a necessity (Newman, 1995). In such a case, it may be necessary for a nation to go to war.Advertising Looking for essay on philosophy? Let's see if we can help you! Get your first paper with 15% OFF Learn More To defeat the enemy, it may be impossible to avoid injuries and casualties including those that are in no way involved in combat (Newman, 1995). It therefore becomes necessary to punish innocent segments of a population residing in an environment that is controlled by an enemy, during combat (Newman, 1995). Although the principles of morality are hardly counted before embarking in combat, it may become morally right to consider the pain and suffering of populations affected by the war as a necessity required to protect and uphold a valuable moral right such as the right to freedom (Newman, 1995). The threat of terrorism for example has inspired fear and strived to limit our right to freedom (Newman, 1995). Although the exercise of wisdom and control is of necessity to prevent unnecessary suffering during the war on terror, it may become unavoidable at times for a nation to participate in combat- in the endeavor of mitigating terrorism and preserving societal rights (Newman, 1995). C onclusion As has been seen, it becomes necessary in certain circumstances to subject innocent individuals to punishment to achieve certain moral purposes. The utilitarian theory justifies the punishment of a person whether guilty or not on the criteria that such a punishment will inevitably lead to the wellbeing of the most extensive population segment in a society. Besides, policies like the affirmative action that emphasize on equality oblige government to compel some society members to sacrifice part of their rights for distribution to minorities. It may also become necessary to punish innocent members of communities in an environment controlled by an enemy by a nation that has gone to war to preserve important moral values like the right to freedom. Reference List Kay, D., January 20, 1997.Utilitarianism. [Online] New York: Wofford. http://sites.wofford.edu/kaycd/utilitarianism/ Murphy, G.J, 1990. The killing of the innocent. The Monist, 57 (4), p. 527-550. Newman, G., 1995. Jus t and painful. New York: McMillan.

Should the SAT be Use to Evaluate Student Application for Ad essays

Should the SAT be Use to Evaluate Student Application for Ad essays Throughout their years in high school, students carry anxiety and heavy burden on their backs over the supposedly, most important test of their life time, the SAT. The test is known as Americas oldest and most widely used college entrance exam. It is composed of two sections, Verbal and Math, each scored on a 200-800 point scale. The test questions are almost exclusively multiple-choice... as stated in article, Gender Bias in College Admissions Tests. The result of this test will determine their future and as well as alter their goals. They avidly study, spending hundreds and thousands of dollars cumulatively to prepare for the test. Brain Doherty, in his article Those Who Cant, Test, states ...last year 35,000 kids paid the nationwide coaching service almost $26 million to learn how to beat the standardized test. SAT preparation programs such as Kaplan or Princeton Review flourish as more and more students realize the need to do well in order to gain acceptance into a good co llege. Today, the SAT exams are so overrated that the test preparation industry blossomed. Furthermore, the real purpose of the SAT test has completely been hidden under many thick layers of misconceptions. The SAT test no longer measure intelligences but rather how much time and money the individual spent in preparation. The purpose of the SAT has evolved much over time and has lost its meaning and fairness altogether-it has deviated over time and it does not test all the knowledge a person has; thus the UC school system, along with other colleges should not evaluate student applications for admission based on their SAT scores. The SAT was created to give equal opportunities for an education to all people, but unfortunately, in the world today, the purpose of the SAT has deviated. During the early days, only members of the elite class were given a chance for proper educa...

Forensic Essay Example | Topics and Well Written Essays - 250 words

Forensic - Essay Example Secondly, the entire scene has to be documented with the specific location of where the evidence was found indicated. Thirdly, the digital evidence is collected, labelled and preserved. After that, the already secured evidence is packed and transported in a secure manner. Lastly, it is presented in court without any alterations. It is important to follow all the steps in order maximise on the viability of the evidence. Poor handling of the evidence, is likely to render it in usable due to tampering (CDESF Working Group, 2006). Once at the scene, I had to ensure that I record what is visible on the screen as I wait the full legal authority team to seize the evidence to continue with further examination of the computer. After seizing the computer, I will label, pack and transport it to a secure place so that it can be used to provide evidence. Encryption was used in the past to prevent people from viewing incriminating files (Taylor, Haggerty, Gresty, & Hegarty, 2010). A message is encoded using a particular key, hence making it impossible for anybody to decrypt it. Lastly, media database systems can be unified into one. Encryption and stenography can be used legitimately by forensic examiners to ensure that there is minimal tampering with the collected evidence. Stenography was used in the past to ensure confidential communication. Secondly, it can be used to protect data since it is

JAPANESE CIVILIZATION Essay Example | Topics and Well Written Essays - 250 words - 2

JAPANESE CIVILIZATION - Essay Example The sense of commitment to never be defeated in anything, even at the point of death is a guarantee to obtain success and wealth. In the words of the writer, â€Å"if one is aroused, heaven and earth will move in response,† (Hagakure, 476). This is a justification enough to put everyone in total focus of their goals, without any thought of failure, which ensures that they can achieve anything. The obligation of daimyo to the land (bakufu) is to constantly fight for it, staying in the state of preparedness at all times to engage in a fight to protect the land, even to the point of death. â€Å"I have found that the way of samurai is death. This means that when you have to choose between life and death, you have to quickly choose death,† (Hagakure, 479). This obligation influences samurai’s life and that of his family to total devotion towards the protection of their role in leadership model. The expectation of the people, regardless of their categories, whether as merchant, commoner, artisans or samurai is that bravely and victory should be exuded at all times. This serves to give daimyo the confidence to handle all challenges and triumph at all

Freedom of Human Will Essay Example | Topics and Well Written Essays - 1750 words

Freedom of Human Will - Essay Example After all, without the notion of freedom as an attainable state another crucial phenomenon that exists in any society would virtually collapse. This phenomenon pertains to the notion of control that we may have over the ways we conduct our relationships in the wide sense of this word. The importance that human beings assign to the need of being in control of themselves, of those around them, and of external circumstances that they are immersed in, reflects one of the essential qualities of human nature as such - that of the striving of man to change the world we lives in, to adapt it to human needs, and to feel secure in it. All these aspirations presuppose the presence of at least some degree of control on the part of man, and with the development of human societies the phenomenon of control in its different social, economic, and political manifestations represented by schemes of distribution of power was gaining more and more elaborated and intricate forms. At the same time, along with macro events such as political and economic processes micro level of human relationships is not a less interesting realm of investigation aimed at finding out what the notion of control is, and whether we really have control over relationships in our life. Let us try to take a closer look at both macro and micro sociological scale of our life in order to examine what degree of control we really may have over the ways we conduct our relationships. Perhaps, such a discussion would also help us better understand the interrelation between the conception of control and the more fundamental notion of freedom of human will from which it stems. Definitions of control First of all, as we are speaking about control we have to define what we mean by it. In this respect, various definitions can be applied, ranging form the far-reaching characterisation of control as a power to determine, direct, and dominate, which in a positive way (similarly to the formulation of the concept of positive liberty that stands for 'freedom for'(Carter, 2003) suggests that an agent exercising control possesses creative and almost God-like qualities, to the much more humble description of control as an ability of a human agent to restrain for some purpose her or his emotions, desires, or certain impetuses (Miller, 1998, pp.9-12). This latter definition offers a negative account of control, which again can be compared with the concept of negative liberty formulated as 'freedom from' (Carter, 2003). In between these definitions a range of intermediary ones can be located that specify different application of control in social, economic, private, and other spheres of human activity. However, it seems that it is the consideration of the outlined extreme poles represented by the positive and negative definitions of cont

Top games Essay Example for Free

Top games Essay Nearly all the children could do the above I therefore suggest that the game is appropriate for the age range I planned it for. Throughout this observation the children have gained developing co-ordination and control over the cards. They have used fine motor skills to lift a turn over the cards, for the first few times the children turned over the cards they had a little difficulty all of the children discovered however that if they slide the card to the edge of the table it was easier to pick up. They have also been learning about sharing and turn taking and how everyone has to have fair turns and not to hurry them along. They have been thinking about ordinal numbers (first second etc) and what number comes next, and also through my open-ended questions, about lengths and sizes of the lines. B F Skinners theory of positive and negative reinforcement also fits in here. If a child gets a number and puts it in the correct order, they may be praised, told well done. There actions have been reinforced (positive reinforcement). On the other hand a child may not come first the first time they play the game, they may not like this feeling which would inspire them to really try the next time, although if they do not come first again the may take a disliking to the game. I was fully prepared for the activity as all I needed was the game cards, I didnt need any additional resources. I discussed with my placement supervisor the suitability of the game and whether she thought it to be age and stage appropriate to these children. I was mostly completely planned and ready for this activity although it would have been helpful if I could have more time, there was enough time to play quite a few games, but not all the children in the class got a chance to play and not also was that unfair to some of the children I could have benefited from seeing the whole class dealing with the game to support my evaluation more. As I have said the number of children in the group was correct it was easy to manage the situation. I think that I gave clear instructions although it may have made more sense to the children if I had set down some firm ground rules at the start. Again the only thing that did not go to plan was the amount of time I had allocated for the game. The resources I made was suitable for its purpose it lasted quite well and was quite durable as they were backed onto card I think in future I would laminate the cards so they were more durable. It did help the children to learn, but I think it would have been more helpful to them if the numbers were higher as most of the children already knew their numbers one to five quite well. I could also have made different versions of the game such as, instead of trains I could do flowers or animals depending on what the subject they were focusing on at the time was. Mind map-China-I think that including the whole class was suitable because the children all gained feedback off each other. Although it was quite difficult to tell how many of the children could count the suggestions as they all counted at the same time, some of the children could have been following what everyone else was saying. When the children were asked (separately) how many suggestions to make twenty? they took a little longer than I had expected to work it out but got it right in the end. Some of the children had a little prompting as how to work it out. As the suggestion about Chinese writing came up a lot I wasnt sure if the children were copying the first child who suggested it or whether they were going to suggest it in the first place. Tassoni and Beith (2002 p 400) state that between the ages of four and six years a child should normally be: Showing more understanding and using reason based on their experiences ? Starting to use and understand symbols e. g. reading and writing Again nearly all the children could do the above I suggest therefore that this activity is appropriate for the age and stage of these children. The children have been learning in the area of knowledge and understanding of the world they have been thinking of past events that they could link with the subject of China (e. g. I had a Chinese last night). The children have expanded in their knowledge of listening, not interrupting and waiting to be asked before speaking. They have also learnt a bit about how to discuss with people. They have also been learning about mathematics by counting how many suggestions are on the board and calculating how many more Again with this activity I can see where B F Skinners theory fits in. in a similar way to the first activity if a child comes up with good suggestions they will get a well done. This will encourage them to think deeper to think of another suggestion to get the same praise (positive reinforcement). B F Skinner also says that by ignoring certain behaviour it may disappear which could be done with the children that interrupt. Tassoni and Beith (2992 p 223) state that adults need to extend childrens vocabulary and help them to use language as a way of thinking, open questions can be used when working with children. This means asking questions where children have to give more than one worded answers during my activity I believe I covered this as I asked a few open ended and the children responded well. Children also need to learn the skills of listening and this means that we must be good role models for them by listening to them although the children were good at listening I still believe that I acted as a good role model to them by listening to all of the suggestions and not being dismissive. I wasnt prepared for the amount of suggestions that the children gave it may have been helpful if I had a spare piece of paper for such circumstances. I had discussed with my placement supervisor the suitability of this activity I discussed whether it was age and stage appropriate and whether it was stimulating enough for the children to sit there for a while and pay attention. I think that the time I had allocated for this activity was appropriate; the times were roughly similar when the children started to run out of suggestions and when we had to start the next activity. The activity was a success there was good feedback later on throughout the day and the children were also asking to have other people suggestions explained to them (showing they were interested in the subject). I had extra support from my supervisor to manage all of the children as it was a class of twenty-eight so it was managed quite well. I gave clear instructions about what we were doing but not about how they had to sit or that they had to wait to be asked. I think that it would have been beneficial to explain this before the activity was started to set down the ground rules. Other than this all went to plan with the activity. Recommendations The train game when I asked the children the questions I often got one-word answers, in order to help them expand on the subject more, the adult in the situations asking more open-ended questions about the subject could do this. During the game I had two children with the same favourite colour I dealt with this by playing two games, it may have been easier to ask the children to swap in the middle of the game or to not let the children choose at all I could just deal the cards to them. I could also for future games keep the colours the same (starting cards one colour, number one cards another colour etc). In order for the children to progress, I could make other cards numbered up to ten, if this proved to difficult because of the amount of cards on the table they could be separated into two piles one to five and six to ten. I could also play the game backwards if they had managed it the original way well. I could make the cards colour co-ordinated e. g. either they have to get the whole set of one colour to win or that the aim is to make a pattern. The best way I think to extend this activity would be turning it into a quiz each child is asked a maths question, if they get the question right they can turn over a card if they get it wrong they will wait until their next turn. In this activity whatever the version an adult would need to be present to make sure the game is being carried out in the way planned, that the children are all taking turns and that the children are being sensible with the cards.

Morals and Intelligence :: essays research papers fc

MORALS AND INTELLIGENCE The United States must maintain the highest standard of morals during intelligence missions. There are many ways that information from intelligence missions can be compromised, and far to many ways that the members of the mission teams can be exploited. Due to the risk of allowing one’s self or the mission to be compromised, a high moral professional and personal standard should be ever present when accomplishing intelligence missions. The first issue dealing with morals and intelligence is finding the right person(s) to conduct a mission. There must be a level of unquestionable integrity present if a person is to successfully complete missions without jeopardizing the information collected. The Mossad (Israeli Intelligence) has made a practice of finding and exploiting personnel that work around classified information as well as those in the position to observe the behavior of said personnel (Thomas 33). Intelligence agencies around the world look for behavioral patterns in an individual’s character. For instance, if a person drinks too much, desires expensive things, or is a sexual deviant there is a possibility that, with the proper motivation, the information they have been entrusted with could be revealed. Another problem when dealing with intelligence operations is that during an operation the agent is not allowed to collect, analyze, or disseminate any information that may be incidentally collected on a United States citizen. When the United States Marine Corps collects intelligence for operations on military bases with aerial photography, there must be expressed written permission by neighboring communities that may be photographed in conjunction with the collection methods (OpsO VMU-1). There are times when intelligence is collected while in training areas that bordering communities may be depicted as well. These individual families or businesses must each approve of being possibly viewed during surveillance, as long as they are not the actual target of the intelligence gathering operation. The same rules of engagement apply while in combat situations. The morality of secret operations has been questioned since intelligence first began. The President of the United States must decide at the highest level which secret operations should be conducted and which are not ethical. The problem that has happened in the past is that the President has looked at the Director of Central Intelligence as his â€Å"personal advisor† when it comes to advising on intelligence affairs (Johnson 292). President Kennedy looked to his brother Bobby when making decisions of national security, and President Reagan set up his personal friend, Walter Clark, as his National Security Advisor.