Set of facts as determined by credible witnesses to the event:
A conflict broke out between the state of Utopia’s military forces and rebels on Utopian territory. The rebels are part of a distinct ethnic minority in Utopia. On the morning of 10 July 2022, 21-year old Lawrence Mpofu and seven members of the 7th Military Unit of the army of Utopia were instructed to go to Silica, a small farmstead 50 km southwest from their base in the capital of Sikkim. When they arrived at Silica, they were told that captured men and boys of the enemy rebels would be arriving by bus throughout the day.
When the civilians arrived, they were taken to a nearby field where they were lined up with their backs to the assembled 7th Military Unit’s firing squad. The members of the 7th Military Unit, including Lawrence Mpofu, who composed the firing squad, then killed the men and boys. Lawrence Mpofu used an AK-47 to complete the task. It is estimated that about 1000 people were killed in this way.
Witnesses estimated that Lawrence personally killed about 40 people. In the testimony of another member of the 7th Military Unit who participated in the killings that day, named John Smith, it was only when they arrived at Silica that they were informed of the work required of them. Witness Smith noted that Lawrence immediately refused to do this task but was threatened by the commander in charge of the operation (named Lt. Callous) with instant death and told “If you don’t wish to do it, stand in the line with the rest of them and give others your rifle so that they can shoot you”. Witness Smith was convinced that Lawrence believed that he would have been killed or that his wife or child would have been directly threatened if he failed to comply with the instruction. Regarding this, Smith claimed to have seen the commander ordering a member of the 7th Military Unit to be killed because he had refused to obey the order. Witness Smith noted that despite all of this, he saw how Lawrence Mpofu still attempted to spare a man between 60 to 70 years of age. Witness Smith testified further that Lawrence Mpofu then opposed the order of another commander to participate in the execution of 100 men and boys being detained in a nearby public building. He was able to refrain from committing this further crime because three of his comrades (including witness Smith) supported him when he refused to obey.
After the end of the conflict, murder charges were brought against Lawrence Mpofu and he voluntarily handed himself over to the authorities of Utopia so that the trial could take place. Witness Smith noted that in their private conversations, Lawrence Mpofu continuously reiterated his loathing of war and that he deeply regretted getting involved in it.
Imagine you are the judge in this case and that you have found Lawrence Mpofu guilty of murder. In other words, the merits of the case were decided and you are now at the sentencing stage. It is now for you to consider (by discussing different viewpoints " forward looking theories of punishment justification and back-ward looking theories of punishments justification" and providing a critical explanation) how to philosophically justify the sentence you want to impose.
In considering the appropriate sentence for Lawrence Mpofu, it is important to explore both forward-looking and backward-looking theories of punishment justification.
From a forward-looking perspective, the primary goal of punishment is often seen as deterrence and rehabilitation. Deterrence aims to prevent future crimes by showing potential offenders the consequences of their actions. In the case of Lawrence Mpofu, his voluntary surrender and expression of remorse suggest a potential for rehabilitation. However, the severity of his actions, including the mass killing of civilians, calls for a sentence that serves as a deterrent to others who may contemplate similar atrocities in the future.
On the other hand, backward-looking theories of punishment focus on retribution and the idea that punishment should be proportional to the crime committed. In this case, the gravity of the offense, the large number of victims, and the personal involvement of Lawrence Mpofu in the killings demand a sentence that reflects the seriousness of his actions. The concept of retribution emphasizes that individuals should be held accountable for their crimes and that justice demands that they face consequences for their actions.
Considering both forward-looking and backward-looking justifications for punishment, a balanced approach may be to impose a sentence that combines elements of deterrence and retribution with a focus on rehabilitation. In this case, a lengthy prison sentence may be appropriate to serve as a deterrent to others and to reflect the seriousness of the crime committed. However, efforts should also be made to support Lawrence Mpofu in his rehabilitation and to address any underlying factors that may have contributed to his involvement in the atrocities.
Ultimately, the philosophical justification for the sentence imposed on Lawrence Mpofu should seek to achieve a balance between holding him accountable for his actions, deterring future crimes, and promoting his potential for rehabilitation and reintegration into society.