Thursday, May 2, 2013

Due Process: youth & its attendant susceptibility should be heavily mitigating for Tsarnaev


From the comments section of Washington post article http://bit.ly/MWDFTsarnaev (I'm in blue):

Down-under
Let's not get squeamish about executing such a person. The US kills lots of other people who have committed far lesser crimes than he has.
ccnomad
8:30 AM EDT
Are you saying we should not bother stopping to consider all things? Should we dispense with due process? (I mean, because what a pain, really. And so costly!) And are previous executions themselves valid impetus for continuing the practice? Justification? Once we begin a practice, let's just keep on keepin' on regardless of pros, cons mitigating factors in each case or anything else for that matter. Why? Because what the heck, we've done it before! Is that what you're saying?
Down-under
9:03 AM EDT
I agree that we cannot justify present action on the basis of past actions.
However, let's be consistent in our views about killing people.
If it is currently ok to kill people with drones, bombs, guns, etc. why get squeamish about killing this person?
ccnomad
9:28 AM EDT
Mitigating factors such as his youth - barely out of minor child range, nowhere near full-grown mentally, not even fully physically matured - and that he was under the powerful influence of his very much full-grown brother. We can even reasonably speculate, given at least anecdotal evidence of an easy-going natural temper and no prior inclination to misbehave, that absent the brother's influence he'd have done nothing but continue his studies, get a job, date, get married, etc. etc.. or some far more run-of-the-mill path.
ccnomad
9:32 AM EDT
Two more things, one: thank you for your very sound reply & question. Two - I'm NOT offering the above as an excuse or to remove any responsibility that should be/remain on the younger brother's head, but as mitigating factors. Things that must be considered; part and parcel of due process.



And I wish I had added, for clarity, that I believe that these mitigating factors, including the susceptibility inherent in such youth, especially to the influence of a full-grown close older relative, should spare him the death penalty.  I should also probably have acknowledged Down-Under's 'reasoning' in his reply to me, but I feel that collateral damage during war is not only not "ok" but that it's a different discussion.