This journal entry is based on chapters 9 and 10 in Bilchitz et al (although the focus is on ch 10). You will possibly have to do further research on the question as well.
Read the following and answer the question below:
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 and providing a critical explanation) how to philosophically justify the sentence you want to impose. Your answer should be between 400-500 words in length.
In sentencing Lawrence Mpofu for his role in the mass killings at Silica, there are several philosophical perspectives to consider. One viewpoint could be retributivism, which focuses on the idea that punishment should be proportional to the harm caused by the crime committed. In this case, Lawrence personally killed around 40 people and was complicit in the deaths of approximately 1000 individuals. From a retributive perspective, the severity of his actions would warrant a harsh punishment. However, it is important to consider the circumstances in which Lawrence committed these acts. Witness testimony suggests that Lawrence was coerced into participating in the killings under threat of death. His refusal to obey orders and attempts to spare lives demonstrate a level of moral conflict and internal struggle.
Another philosophical perspective to consider is consequentialism, which looks at the outcomes of actions in determining the morality of an act. While the consequences of Lawrence's actions were undeniably horrific and resulted in the loss of many innocent lives, it is also important to take into account his remorse and regret for his involvement in the conflict. Lawrence voluntarily handed himself over to authorities and expressed his deep loathing of war. This suggests that he has shown some level of moral growth and a desire to make amends for his actions.
Restorative justice is another philosophical perspective that could be applied in this case. This approach focuses on repairing the harm caused by the crime and rehabilitating the offender. In considering Lawrence's background and the coercive circumstances that led to his participation in the killings, there may be room for rehabilitation and reconciliation. It could be argued that Lawrence should be given the opportunity to undergo therapy and counseling to address the trauma he experienced and work towards reintegrating into society as a reformed individual.
Ultimately, the sentencing of Lawrence Mpofu should take into account a combination of these philosophical perspectives. While the severity of his actions cannot be overlooked, it is important to consider the context in which the crimes were committed and the potential for rehabilitation and redemption. A sentence that reflects the harm caused, but also allows for the possibility of personal growth and healing, may be a more just and ethical approach in this complex and morally ambiguous situation.