Originally Posted by
zinderel
re: the Death Penalty (and justice, in general)
There are two types of justice we can seek: punitive and restorative.
Punitive Justice asks us to ask the following:
- What rule has been broken?
- Who is responsible/to blame/at fault?
- What should the punishment be?
It's goals are to isolate the alleged criminal, separate him from society and from any support system, and punish him to the fullest legal extent possible.
Restorative Justice ask us the following:
- Why was this rule broken?
- Who was harmed/impacted/affected and how?
- What can be done to make things right?
It's goals are to provide rehabilitation, to provide for the common good, and to ensure that all parties have a strong support system both before and after commission of a crime.
Both have their value and their place, and both sets of questions together provide a more full picture of the crime. But to rely SOLELY on Punitive Justice, the way proponents of the Death Penalty do, is the way of tyrants. It is rule through fear, fetishization of punishment and death, and it allows us to hand wave away acts of abuse and dehumanization of prisoners. Restorative Justice allows us to look at motivation. Did the alleged criminal kill in self defense, or was it premeditated? Did the 'killer' feel threatened, and if so, why? What events and experiences came together to provoke the killing, and what can be done about those experiences and events to prevent FUTURE killings?
The death penalty has no value, other than fear, and it has been proven to have no effect on the rate of crime. It is barbaric, unfairly sought and handed out, poorly executed, and woefully mismanaged at every step. It does nothing for victims or their families other than feed a sense that death is a thing some people just deserve (often the imagined mindset of the man they want to see killed, because hypocrisy knows no shame).
These are facts. These are, and likely more besides, reasons for why Gavin Newsome did what he did, and I support him.