The Medical Just Deserts
نویسنده
چکیده
sense of equilibrium satisfied by execution, that is, the lex talionis, eye for an eye, tooth for a tooth. For retribution requires pain equal to that inflicted on the victim, plus an additional pain for committing the crime, crossing the threshold from law-abiding to lawviolative behavior. The state's killing a convicted offender, especially under the medically protective circumstances now used, is not likely to cause him or her as much pain as that inflicted on the victim. Even if the pain were the same, the second requirement of retribution is not met, namely, the pain to be inflicted for the crime per se. What then could meet the requirement? A torturous execution? Perhaps, but that solution conflicts with other attitudes abroad in our society, particularly those concerned with physical assaults by or in the name of the state. Apparently, Western society considers corporal punishment an anathema of civilization. We permit the police to shoot at fleeing felons under certain circumstances, but even this act is discouraged unless life is endangered. Physical force may be used to arrest a suspect. But once a suspect is arrested, we mount glorious attacks against any physical abuse of arrestees, detainees, and defendants. We decry inadequate diets and urge good medical care for prisoners. The philosophy of our health delivery system is such that we must present our sacrifice to the rationalization for death in good physical condition. The state has made efforts to reduce the suffering of death in most exquisite ways. Bull Am Acad Psychiatry Law, Vol. 16, No. 2, 1988 113
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