As usual, it's hard to make an absolute choice because there are so many variables. My initial thought is that if it's my loved one, I am in no position to judge because I am biased. My emotions would demand no quarter. But that really isn't justice, it's vengeance.
When a crime is committed, someone must fulfill the consequence laid out for that crime. Murder is a crime by anyone's standard, so we can agree that it demands a consequence equal to the offense. Murder is different from manslaughter in that it requires intent (I'm sure there's more to that, that's just my understanding). So, the perpetrator had intent to kill an innocent person. Once guilt is objectively determined, enforcing the available consequences for the crime is justice. Justice is blind to extenuating circumstances.
The details of how the crime came to occur are when mercy enters the picture. So, a violent crime has occurred and the suspect has been found unequivocally guilty. But then, we find out that the criminal spent their entire childhood in foster homes because their mother was unmarried and a drug addict. We learn that they were relentlessly bullied in school and spent a lot of time in detention. Then we are told that they were raped by a janitor and molested by two of their foster parents. But they never received therapy because they never told anyone. We find that they were isolated and had no friends or mentors...
Sometimes these things are viewed as excuses and "trying to create sympathy". But facts are facts. I have never found coming down harder (on someone who has been through hell) effective. Harsh consequences, punishment and hate are already what they expect from life. There's a reason we use the word "calloused" to describe people unaffected by harsh discipline. They are defended against vulnerability and impervious to pain. Sure, execute them. They expect it. Life in prison? Whatever. But show them mercy, and that is the real punishment. Be genuine and vulnerable and prove that true toughness isn't being impervious, it's being real. I can get into the dynamics of how that works, but it would take way too long. :)
From my experience, the way to truly affect someone who has done the unthinkable is to forgive them and let them eat themselves from the inside out trying to make peace with it.
So, I suppose I believe in mercy more...
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Mercy, though justice is also important, so there should be at least some corrective consequence that is commensurate with the degree of the wrongdoing. In the case of killing a person, a case should be carefully reviewed for motive and other factors for someone to be able to allow for a merciful and just ruling of the person's actions.
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True redemption cannot be given if they never face the consequences for their actions. They cannot learn without consequences. That being said, the consequences should not equate to “an eye for an eye” but rather a deeper understanding of empathy so they can feel the pain they wrought on someone else if it was an action purposely done.
A close loved one? Justice. Eye for an eye. God forgives, goodluck.
in the example you said: i see no ammount of suffering that person could possibly go through that could bring my loved one back. i don't think redemption is possible. best you can do is protect the rest of society from that happening to someone else.
Justice. Mercy can change a person but it can also motivate them to wrong you again, because you didn't punish them anyway.
I've only been hired to provide one of those. Occasionally the other came but only at the cost of a higher level of the former. I won't say which is which.
Fiat iustitia, et pereat mundus = Let justice be done, though the heavens fall.
I believe more in mercy but both are important.
In the u. s., there really is no "justice". It's all a facade
You can't have one without the other.
As a Christian, mercy
Two-thirds mercy, one-third justice.
Both
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