This episode of Black Mirror,White Bear, poses questions about justice. Specifically, what is justice? What does the future hold for the criminal justice system? And what does justice look like when it has been taken too far? I shall tilt my hand a bit early by giving a brief answer to the third question: it would look a lot like White Bear.
Before we can answer whether or not the punishment decided on for Victoria is appropriate, however, we must first establish what the goal is of the criminal justice system. As touched on in our in class discussion, there are many schools of thought on the role of the justice system in an industrialized nation: some believe the purpose of the justice system is to punish wrongdoers for their crimes, others believe it functions only to keep the criminal elements of society away from the law-abiding citizens. The two that have the most traction, however, are the theory that the justice system should strive to rehabilitate its prisoners, and the view that it should serve as a preventative measure by deterring potential misbehavior with the threat of punishment. From this latter viewpoint, I would say that the White Bear park is a complete success. The thought of potentially being subjected to extended periods of torture for being convicted of a crime would certainly make me stand a little straight a little bit straighter were I a member of this society. Though I can’t imagine an individual being subjected to this experience for possession or for speeding in a school zone, but someone convicted of a violent felony such as assault, murder, rape, or aggravated *blank* could very easily get a park of their own.
However, from the perspective that holds the role of the judiciary system is to rehabilitate prisoners and reintroduce them in to society, the park simply cannot be a success. Victoria, as shown to us,has absolutely no chances to reflect on, regret, or even acknowledge her actions. If this whole production is a daily occurrence as implied and her memory being wiped nightly, she will spend the rest of her life completely unaware she has done anything wrong. Without knowing her role in the child’s gruesome fate, it is impossible for her to begin repenting for her actions. Even if this performance was a one-time event, it is still unlikely that she can been properly rehabilitated without her memories being restored. By wiping her memories of the crime, Victoria is now nothing but an outlet for the righteous fury of an outraged community.
Of course, there has been very little discussion on whether or not Victoria deserves to be punished like this, or if they are even punishing the “right” Victoria. Though not much on the case or the relationship of the two kidnappers is known, I found it curious that her plea of coercion fell on such apparently utterly deaf ears. There are many instances in history of people who did things they did not want to under the instruction of someone of perceived authority. These range from members of cults mindlessly following their leader’s instructions to the atrocities committed by German Nazis in the 1930-40’s. But, ignoring all this and supposing she fully and willfully participated in the crime, this punishment is still inappropriate. Much of who we are is dictated by our memories, and without hers Victoria was as innocent of the crime as I am.
In summary, this program of putting a woman’s suffering on display in the name of justice is a gross misuse of the word. Question for those who wish to comment: suppose the purpose of the criminal justice system was not to rehabilitate, but any of the other options presented above. Does this method of punishment become appropriate then? And does it become morally permissible?
1 comment:
Patrick,
Regarding your question at the end of the post, I believe this punishment would be classified as cruel and unusual. Rehabilitation aside, the tampering of one's memory is an injustice in itself, and should not be permitted. Criminals are convicted because of their actions, which weigh on their conscience in confinement. If the criminal is unaware of the action, and paraded for the sake of public amusement and retribution, there is no lesson to be learned.
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