Compassionate Justice or Oxymoron
Should Terminally Ill Prisoners be Granted Early Release
Aug 20, 2009
Defining “justice” is no simple task as there are many ideas and concepts of justice that are based on everything from rationality to law to religion. Many philosophical, theological, and legal debates have ensued over the years as to just what is justice – is it a human creation, divine command, natural law, or a mutual agreement? What is justice supposed to look like? Is justice supposed to be fair? Can justice be merciful? Should justice be generous? Most importantly, can and should justice be compassionate?
Can justice bring proper order to people and society while showing compassion to the people it is supposed to govern? Some would argue that justice must inherently possess the trait of compassion while others would argue that compassionate justice is nothing more than an oxymoron.
With several high profile cases in both the US and abroad being followed by the media, the legal systems in several countries are faced with the possibility of either solidifying the idea that compassionate justice can exist or setting a dangerous legal precedent.
The Argument For and Against Compassionate Justice: Should Terminally Ill Prisoners be Granted Early Release
Should the failing health of an individual convicted of a heinous, malicious crime be a deciding factor in whether or not the individual spends the rest of their days in prison is a question that is up for serious debate. Those that support the release of seriously or terminally ill convicted felons note that both the public-at-large and the prisoner will benefit from this decision.
The public will not have to pay for the end-of-life medical expenses incurred by the state if the individual remains in prison and the convicted individual can die at home with some sense of dignity. Those that oppose the early release are quick to point out that a court of law sentenced the individual to a certain prison term and that term should be fulfilled without exception.
This is especially true for those prisoners convicted of murder. In murder cases, the victim was not shown mercy and many feel that the victim’s murderer does not deserve mercy as their life draws to a close.
The Irony: Terminally Ill Murderers Seek the Mercy and Compassion They Were Unwilling to Give to Their Victims
Two of the most recent cases of early release on the basis of failing health involve Abdel Baset al-Megrahi, also known as The Lockerbie Bomber, and Susan Atkins. Each of these prisoner's requests for early release based on their terminal prognosis is sure to spark debate among supporters and dissenters and will most likely be a polarizing issue with little common, middle ground on which to stand.
Abdel Baset al-Megrahi, a former Libyan intelligence officer, had been imprisoned in Scotland for the last 21 years after being convicted of blowing up a Pan Am flight over Lockerbie, Scotland that killed approximately 270 passengers. Susan Atkins has been in a California women’s prison for the last 37 years since being convicted of the stabbing death of pregnant movie star Sharon Tate. Susan Atkins was one of Charles Manson’s followers and only one of several followers involved in the gruesome murders of Sharon Tate and her acquaintances.
Both Baset al-Megrahi and Atkins are terminally ill and both have been given a poor prognosis. Atkins has petitioned the State of California for a compassionate release. While Atkins awaits the outcome of her request, Baset al-Megrahi was recently released from prison. The reasoning for Baset al-Megrahi’s release was “Scottish values.” The Lockerbie Bomber is on his way home to die while Susan Atkins waits in a prison hospital to hear her fate.
Can Compassionate Justice Exist without Compromising the Justice System and Everything for Which it Stands
Even with the understanding that these prisoners are only human, are suffering, and are facing death, the fact that they willingly, mercilessly ended the lives of others is not erased. However, the question remains as to whether or not these ailing individuals should be shown the compassion that they did not or were unable to show others.
Would justice be more wholly served by showing compassion in cases such as these or is justice simply being trampled on by allowing ill offenders early release? As the aging and ailing prison population grows, the topic of compassionate justice will again be on the table for discussion.
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