Free Will, Determinism and Moral Responsibility
Read the article titled “Compatibility of Free Will and Determinism in Criminology: Comments on an Alleged Problem, The”, located in the online course shell. You may also view the article at http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6004&context=jclc. Next, discuss whether or not you agree with the concept that our actions cannot be both free and determined, and examine one or two (1 or 2) specific examples of these concepts affecting criminal justice.
I agree with the concept that our actions cannot be both free and determined because moral confines are attributed to free will but not determinism. Further free will allows the ability or power to choose as well as acknowledge that actions are engineered from ourselves consciously. As such moral justification acts as a facilitator and complement to free will when dealing with human behavior.
Determinism is also a factor that relays differences in human behavior but it is not connective to moral infringement. It is based on logical consequence that every event has a causal effect and that when ascribing to human conduct the level of determinism is implied to assist in the explaining of behaviors of others and proposed control of deviant and criminal detrimental behavior.
One example of these concepts (free will and determinism) in action affecting criminal justice is as follows:
Example One:
Party in question decides to rob a party store…this is viewed as an act of free will that has not been coerced or forced and as such will be treated as an act of voluntary with all legalities levied.
Free Will
The purpose of determining the guilty party in a criminal act is usually viewed as an act of free will and based upon this the distributing of sentence and penalty is in effect supporting the level of preventing reoccurrences of criminal acts.
Determinism
When determinism is looked at and the act of the party in robbing a party store the thought is that this event has a cause. The morality of choice is still a consideration and affects the act if regarded but if ignored then the cause and effect kicks in because the morality issue has been disregarded and not considered in order to commit the crime.
Based on the ideas described in the article, indicate at least two (2) major points you believe relate to practitioners in the field criminal justice. Then, describe why criminal justice professionals should consider each point when examining the concepts of free will and determinism.
Two major points that I believe relate to practitioners in the field Criminal Justice are the summation and conclusive thoughts relating to personal responsibility and determinism. As such the level or intentional committing of criminal acts are complementary to personal responsibility with determinism acting as a facilitator to support and explain the acts of criminology done. Further these conceived conceptions become the basis for support in administering justice, control of conduct and inhibiting criminal behavior.
Criminal justice professionals should consider each point when examining the concepts of free will and determinism because as it relates to acts of criminality the analysis of why, when and how eventually surfaces when the beginning and conclusive finalizing judgment of the active crime and serves as a beginning in the cycle of enforcing legalities.
Williams, C. R. & Arrigo, B.A., Ethics, Crime, and Criminal Justice
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6004&context=jclc
Question by Professor
Gavin Long, the Baton Rouge Police shooter said that " "I just wanted to let y'all know, don't affiliate me with nothing," he says. He says he wanted people to know that his actions were his alone. " (Berlingeer, 2016)
http://www.cnn.com/2016/07/18/us/who-is-gavin-long/index.html That sounds like Free will, doesn't it.
However, most of his other actions indicate a deteriorating mental condition which undercuts the argument for free will.
What does the class think?
Reply to Professor
As far as the matter of free will being discarded based on him having PTSD I would say no. His effective state allowed him to drive from Kansas City to Baton Rouge...approximate miles..763---for 12 hours, rent a car and have funds to get there and set the trap. He deliberately made videos promoting and advocating violence as a retaliation and as such if he had lived then he would have been held accountable for his actions and imprisoned. Just because a person has a mental issue it is not something that should be excused and brushed under the rug.
Thank you.
Felicia
Free Will was utilized as well as intent.
Reply to Co-student
I agree that if a thought is conceived and followed upon so does it facilitate and support the act of free will. Based upon this act they are to be held accountable for their actions.
Further as determinism supports the cause and act to be done and allows a level of conspiracy if it involves three or more in the plot. The mental state should not excuse the magnitude of the act...people can't come back alive or live a just and free life after someone does something and they are deemed mentally unstable to go to trial.
They should be restricted and sentenced anyway.
Thank you.
Felicia
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