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When assessing an act of violence, we tend to be less severe on violence committed in the heat of the moment than on premeditated violence, which we judge to be far more cruel. Yet, when we punish hot-blooded violence with the violence of, say, long-term imprisonment, we do so with premeditation. Are we therefore more cruel as judges than the criminals we condemn?
Accepted:
May 8, 2018

Comments

Great question! I suggest

Charles Taliaferro
May 11, 2018 (changed May 11, 2018) Permalink

Great question! I suggest that premeditation may work in both cases in a parallel fashion. So, I propose that If we reach what turns out to be an unjust or wrongful punishment of someone (who is innocent) then the fact that we did so with great premeditation makes our wrongful decision worse than if we made a "heat of the moment" verdict. In the later case, imagine a police officer believes there is sufficient evidence that a person is armed, dangerous and putting innocent persons lives at risk, but this turns out to not be the case (the person is acting, and only simulating a school shooting with a realistically looking guns, but these are props). In such a "heat of the moment" event, an officer might be expected to act on her best judgment even if it turns out to be wrong. But in cases of premeditation --either in the use of force or in reaching verdicts in court-- I think we rightly expect there to be enough time for persons to scrutinize the evidence more thoroughly to reduce the risk of wrongful death or unjust verdicts.

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