Sunday, March 12, 2017

A Life for A Life?

Popular support for the death penalty is in decline in the U.S. According to a Pew Research poll conducted last year, support is now below 50% and the lowest in 45 years.  Furthermore, 19 states and the District of Columbia have abolished capital punishment.  Yet, Ohio and several other states still execute prisoners: in fact, Ohio has six scheduled executions for this year.  Is Ohio justified in killing these prisoners?  Is the death penalty justified under any theory of punishment?  Under what circumstances?  Should we keep or abolish the death penalty?

Minority Report

In the film The Minority Report criminals were apprehended and punished for crimes that they had not yet committed, but which they were about to do.   Thanks to the infallible accuracy of psychics who could predict the future, law enforcement could stop crime and punish it BEFORE it happened, saving potential victim's from trauma and death.  But is it justified punishing a crime that hasn't and will never happen?  Can we punish someone just because they have a certain --or even a high likelihood -- of causing serious harm?  Assuming a system of identifying the dangerous were reasonably accurate if not infallible, should those dangerous individuals be punished?

Victim's Rights

A ballot initiative proposed for the state elections this November seeks to incorporate victim's rights into the state constitution.  Some of the proposed rights include notice of all public proceedings involving the offense and to be heard in any public proceeding involving release, plea, sentencing, disposition or parole. In addition, the victim may refuse some discovery requests made by the accused and have full and timely restitution g from the offender.  Finally, the proposed amendment explicitly provides that the victims can  these claim these rights in court and, if denied, file an appeal. But are these rights justified?  Do victims of crimes have rights from the criminal justice system -- or are these right only available in a civil suit?  Do any theories of punishment allow such rights -- or do some imply they are untenable?   Are any of these rights justified -- or any unjustified?  Should this state amendment be passed -- or rejected?

Friday, March 10, 2017

You Can Serve Time But You Can't Hide: Community Notification Laws for Sexual Predators

Ohio, like most other states, has laws that require some sexual offenders to register their residence with the state and those names and addresses are required to be announced to the community.  In Ohio, only the category of "Sexual Predators" and "Tier 3" Sex offenders are subject to community notification.   Any offender in that category, however, is subject to reported to the community.  The Sheriff's Department notifies by mail all residents who live with a 1,000 feet of the registered address.  The registration and notification of criminals is not the norm -- but is it justified in the case of the sex offender?  After all, these criminals have already served time in prison in many cases.  Is there something special about their crime?  Or does this provision unfairly burden these former felons?

Losing My Voting Rights

In most states, criminals lose their voting rights while incarcerated (the sole exceptions being Maine and Vermont).   However, a majority of those states have some provision for criminals to regain those rights upon release or upon completion of parole or probation (although for some of those states there are some barriers to regain rights).  Yet, several states such as Florida, Alabama, and Virginia allow some criminals to regain their rights only by the action of the governor and the courts.   These policies are often highly contentious. Virginia Governor Terry McAuliffe, for instance, announced an executive order to restore voting right to felons upon completion of parole or probation in 2016 -- but that order was overturned by the Virginia Supreme Court.   Consider the various theories of punishment we have studied.  Is there any justification for punishing a criminal by taking away one's voting rights?  Especially considering that the criminal is already being punished by incarceration?  Or is there some other reason to take away these rights?

Wednesday, February 15, 2017

Chief Wahoo's Last Hurrah

The Cleveland Indians mascot Chief Wahoo is a crude caricature of a Native American that many people find offensive.  A private school in the Cleveland area tolerated this offensive caricature when it was restricted to a once weekly dress down day.   However, when the school switched to a more relaxed dress that allowed sports wear on any day, the administration decided to ban any apparel that featured Chief Wahoo's likeness.  Several students are bothered by this policy because they revere Chief Wahoo as vital symbol of their team and see wearing it as an example of team spirit and civic pride.  Did the school administration make the right decision?  How might the offense principle apply in this circumstance?

Sunday, February 12, 2017

Obesity and Paternalism

Rates of obesity in the United States are alarming -- and efforts to reverse the trend seem ineffective.  According the Center for Disease Control and Prevention 38 percent of U.S. adults are obese and 17 percent of teenagers are as well.  Another third or so of Americans are overweight. Obesity can lead to serious health condition such as heart disease and diabetes.   Some governments have attempted or considered paternalist interventions to stem the tide of obesity.  For example, New York City attempted to ban the sale of soda pop in sizes greater than 16 oz.   Other cities such as Berkeley and Philadelphia have passed a soda tax.  In Philadelphia distributors are taxed 1.5 cents per once on soda pop and other sweetened drinks: a 2 liter bottle of pop that used to cost $1.79 sells today for $2.79 because of an added dollar in tax.  These laws are intended to help consumers in these cities -- but have they gone too far?  Are these laws and taxes justified?  Why or why not?