Set of facts as determined by credible witnesses to the event:
A conflict broke out between the state of Utopia’s military forces and rebels on Utopian territory. The rebels are part of a distinct ethnic minority in Utopia. On the morning of 10 July 2022, 21-year old Lawrence Mpofu and seven members of the 7th Military Unit of the army of Utopia were instructed to go to Silica, a small farmstead 50 km southwest from their base in the capital of Sikkim. When they arrived at Silica, they were told that captured men and boys of the enemy rebels would be arriving by bus throughout the day.
When the civilians arrived, they were taken to a nearby field where they were lined up with their backs to the assembled 7th Military Unit’s firing squad. The members of the 7th Military Unit, including Lawrence Mpofu, who composed the firing squad, then killed the men and boys. Lawrence Mpofu used an AK-47 to complete the task. It is estimated that about 1000 people were killed in this way.
Witnesses estimated that Lawrence personally killed about 40 people. In the testimony of another member of the 7th Military Unit who participated in the killings that day, named John Smith, it was only when they arrived at Silica that they were informed of the work required of them. Witness Smith noted that Lawrence immediately refused to do this task but was threatened by the commander in charge of the operation (named Lt. Callous) with instant death and told “If you don’t wish to do it, stand in the line with the rest of them and give others your rifle so that they can shoot you”. Witness Smith was convinced that Lawrence believed that he would have been killed or that his wife or child would have been directly threatened if he failed to comply with the instruction. Regarding this, Smith claimed to have seen the commander ordering a member of the 7th Military Unit to be killed because he had refused to obey the order. Witness Smith noted that despite all of this, he saw how Lawrence Mpofu still attempted to spare a man between 60 to 70 years of age. Witness Smith testified further that Lawrence Mpofu then opposed the order of another commander to participate in the execution of 100 men and boys being detained in a nearby public building. He was able to refrain from committing this further crime because three of his comrades (including witness Smith) supported him when he refused to obey.
After the end of the conflict, murder charges were brought against Lawrence Mpofu and he voluntarily handed himself over to the authorities of Utopia so that the trial could take place. Witness Smith noted that in their private conversations, Lawrence Mpofu continuously reiterated his loathing of war and that he deeply regretted getting involved in it.
Imagine you are the judge in this case and that you have found Lawrence Mpofu guilty of murder. In other words, the merits of the case were decided and you are now at the sentencing stage. It is now for you to consider (by discussing different viewpoints and providing a critical explanation) how to philosophically justify the sentence you want to impose. Your answer should be between 400-500 words in length. (10)
As the judge in this case, the sentencing decision for Lawrence Mpofu must take into consideration various factors, including the gravity of the crime, the circumstances surrounding the offense, the defendant's role and level of participation, and any potential mitigating factors. In this particular case, the heinous act of murder has been committed, with Lawrence Mpofu personally killing about 40 people as part of a firing squad executing captured civilians.
While it is evident that Lawrence was under immense pressure and faced threats of violence himself if he did not comply with the orders given by his superiors, the fact remains that he willingly participated in the killings. The defense of duress due to fear for his own life or the safety of his family may provide some level of explanation for his actions, but it does not absolve him of responsibility for the lives he took.
One could argue from a retributive justice standpoint that Lawrence must face the consequences of his actions and be held accountable for the murders he committed. The principle of moral responsibility dictates that individuals are responsible for the consequences of their actions, regardless of the circumstances under which those actions were taken. In this case, justice demands that Lawrence be sentenced accordingly to reflect the severity of his crime.
On the other hand, one could also consider the mitigating factors in Lawrence's case. Witness testimony indicates that Lawrence expressed remorse for his involvement in the killings and that he was reluctant to participate in further acts of violence. This could be taken as a sign of potential rehabilitation and remorse, which may warrant a lesser sentence or the possibility of rehabilitation over strict retribution.
Ultimately, the philosophical justification for the sentence imposed on Lawrence Mpofu must balance the need for accountability and justice with considerations of mercy and potential for rehabilitation. A combination of retributive justice and rehabilitative approaches may be the most appropriate course of action in this case, ensuring that Lawrence faces consequences for his actions while also providing opportunities for redemption and reform.