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A Prison Lifer Comes Home

theatlantic.com

71–80 of 88 posts

Re: A Prison Lifer Comes Home

#71

Earlier quoted context omitted.

> Being 17 or acting as part of a group don’t make you less culpable. Yes it does. Boys do strange things, boys in groups do stranger things, like not testifying against each other, especially if they feel society has abandoned them and the world is against them. Normal societies are set up to deal with that or prevent it. Fix your bloody society.

Sorry, but a 17 year old knows what it means to rob and murder someone and knows the difference between right and wrong. That’s the basic criterion for culpability.

I sometimes think when we're all bitching about how the world is going to hell in a hand basket (which it is, on many dimensions - maybe not in the aggregate as people like Steven Pinker argue, depending on how you "measure" that, but I think it's fair to say we could do much better), typically because of the foolish behavior of one "stupid" group or another, do we maybe underestimate the significance of how differently each of us perceive and conceptualize the world?

>> Being 17 or acting as part of a group don’t make you less culpable.

> Yes it does. Boys do strange things, boys in groups do stranger things, like not testifying against each other, especially if they feel society has abandoned them and the world is against them.

Both of these seem arguably "true" to me.

> Sorry, but a 17 year old knows what it means to rob and murder someone and knows the difference between right and wrong. That’s the basic criterion for culpability.

This seems arguably "true" as well. But then, what does the word "knows" mean in this context, precisely? For example, we all "know" we should be kind to others, and clean up our acts in general, but when your life falls apart as a consequence of not acting in the way you know you should have, does "know" have the same meaning as it did before? We use the same word for both situations, but is the meaning the same?

> especially if they feel society has abandoned them and the world is against them

There are all sorts of complications in life that we kind of just take for granted because our mind processes them subconsciously. If society has "abandoned" people, and they subsequently use that as a parameter ("excuse") during (conscious + subconscious) judgement of what to do in certain future situations, whose fault is that, and why? Shall we deal with reality as it "should" be, or as it is?

Another example is laws. Should we follow the law? Well of course. But then, are all laws just? Are all people equally/fairly impacted by our vast collection of laws? Are all laws enforced fairly? Are all people equally able to defend themselves? Should these and other questions have any bearing on how we organize our societies and planet, or how we judge others when they've "clearly" gone astray?

The world is an infinitely complex place, and each individual is infinitely complex in their own right. Different people, or even the same person, will often react in completely opposite ways under seemingly identical inputs. We all can clearly see this sort of thing when we're discussing the phenomenon in a philosophical context, but how well do we remember it when we're dealing with an incident in the heat of the moment?

How should people behave? How, precisely, do we even determine what is right and wrong, under various circumstances? Sure, we can write all sorts of complex legal regulations, but how do we know they're right? What does that word even mean in this context? Is everything a matter of fact, or are some things matters of opinion?

I believe until we start to get serious widespread appreciation of these complexities (which are rapidly grower larger every day in our hyper-connected and globalized world), and start to put as much effort into studying and mastering the soft sciences as we've done with the hard, we will continue to stumble around like overconfident but naive children until the complexity we've built (while spending no time learning how to wield it wisely) starts to collapse upon us.

I like this story about Richard Feynman:

https://www.youtube.com/watch?v=PsgBtOVzHKI&feature=youtu.be...

> You see, I have had in my life a number of pleasant experiences. One of the earliest ones was when I was a kid I invented a problem for myself, the sum of the powers of the integers, and in trying to get the formula for it I developed a certain set of numbers, the formula for which I couldn’t get, and I discovered later that those were known as the Bernoulli numbers and discovered in 1739. So I was up to 1739 when I was about 14 you see. And then a little later I discovered something that I’d find out I just may have invented a thing which we now call operator calculus. That was invented in 1890-something. Gradually I was inventing things that came later and later.

> But the moment when I began to realize that I was now working on something new was when I read about quantum electrodynamics at the time and I read a book, and I learned about it. For example, I read Dirac’s book, and he had these problems that nobody knew how to solve that were described there. I couldn’t understand the book very well because I really wasn’t up to it. But there in the last paragraph at the end of the book it said, “Some new ideas are here needed.” And so there I was. Some new ideas were needed? OK! So I started to think of new ideas.

Hundreds of thousands of scientists and technical people have been thinking (and collaborating) really hard for centuries, and marvel at what they've built! Do we have anything remotely comparable in the social sciences, which is arguably a much harder problem space? Where would we even look for new ideas?

I think at least part of the answer lies within the ideas of people who are often considered the oddballs of society. I like this video of Terence McKenna interpreting Plato's ideas:

https://www.youtube.com/watch?v=Q-J09gk0mJk

> How can you tell one theory from another, and is science better than religion and this and that? After a lot of arm waving it should be conceded that the final call is aesthetic. That, because we are monkeys, because we are so far from God, we cannot set knowing the truth as the standard for choosing among the models we can produce. We must set our aesthetic compass towards the more true. What Wittgenstein called the true enough. And then the question is well how do you how do you recognize that? Well, this is a rich field of human study called philosophy of science, or theory, epistemology, and ontology. How do we know what is real?

> But Plato, who all the rest of philosophy is a footnote upon, Plato said that the key lay in the concepts the good, the true and the beautiful. The good, what is it? Tricky, tricky, tricky... The true, what is it? Trickier, even trickier... The beautiful, what is it? Easy to discern! The beautiful is easy to discern. You are going to be condemned to live out the consequences of your taste, really, really, and if you have no taste, you know, God help you! Because you are you are self condemned to an appalling nightmare. You won't be getting it, all the subtle stuff will go by you, while your head is filled with Kant, nonsense, foolishness. So again, the the metaphor of the dream and of making choices based on beauty and beauty is downloaded into the human cultural milieu largely through dreams. So that's the way to set the compass, not toward truth, not toward the good, not because these aren't fine things, but because they're so slippery.....but toward beauty, and with that in place, to my mind, life hope follows as a natural consequence.

Spiritual jibber jabber and woo woo as a result of excessive drug consumption? Sure, at least somewhat. But what if it is also simultaneously true, at least to some degree, but as a result of mankind's hubris (also a powerful drug), no one bothers to take a serious look into it? It would be kind of cosmically hilarious if the answer was right in front of us, but we were too stubborn to look.

Re: A Prison Lifer Comes Home

#72
post #65
post #42

Earlier quoted context omitted.

>took this chance to rethink his life choices Someone else in this equation didn't get to think their life choices, maybe for no fault of their own, because they're dead. So, how long should you be in for a murder? 30 years? 20? 10? 5? If punishment really got nothing to do with it at all, and the perpetrator is really, really ashamed from just the trial and conviction, why not let them go after that?

> Someone else in this equation didn't get to think their life choices.. Is the length of the sentence meant to prevent crime or is it revenge? People die all the time, it's a tragedy. But I would not want the laws of my society to be built on the idea of revenge.

>People die all the time, it's a tragedy. But I would not want the laws of my society to be built on the idea of revenge.

Why have punishments for breaking the law at all ? According to you it's built on the idea of 'revenge', right ?

OR maybe it is good for society if people who murder someone are locked away so that they can't kill someone else, AND maybe it's a good thing that people who have no qualms of killing someone at the very least find the idea of spending a large if not their whole life behind bars a strong deterrent.

But hey, 'people die all the time, so let's just forgive those who take the life of someone else, we don't want to come across as a vengeful society'.

I am happy I don't live in your society, it sounds like a paradise for sociopaths.

Re: A Prison Lifer Comes Home

#73
post #65

Earlier quoted context omitted.

> Someone else in this equation didn't get to think their life choices.. Is the length of the sentence meant to prevent crime or is it revenge? People die all the time, it's a tragedy. But I would not want the laws of my society to be built on the idea of revenge.

>People die all the time, it's a tragedy. But I would not want the laws of my society to be built on the idea of revenge. Why have punishments for breaking the law at all ? According to you it's built on the idea of 'revenge', right ? OR maybe it is good for society if people who murder someone are locked away so that they can't kill someone else, AND maybe it's a good thing that people who have no qualms of killing…

I was asking what's the motive for the punishment. Is it to revenge the victim or is it to prevent future victims. I'm not advocating for no punishment at all. The parent was asking what's enough (30,15,10,5 years?). I'd choose a number of years sufficient to deter effectively.

Sociopaths are another matter entirely. It's not a question of deterance or revenge anymore. We may be forced to lock them away indefinitely.

But i see it's getting political and words are turned in my mouth. have a nice day

Re: A Prison Lifer Comes Home

#74
post #35
post #3

> Imprisoned for decades for a crime he committed as a juvenile So, for a single, first time, first degree murder, Pennsylvania gives "a mandatory life sentence without the possibility of parole, including for juveniles"? What kind of medieval backwater has such laws? And how is that working out for them? [1] Compared to e.g. countries which have much smaller sentences for the same type of crimes (especially for juve…

Every seemingly irrational law or socioeconomic convention that you may find in the US can ultimately be tied causally to the bleeding of contempt for people of color into the design process. It short circuits our logical faculties and results in policy that is as cruel as possible, limited only by the extent to which it is perceived that such policy may affect white Americans and the mandate that said policies be at…

I understand that HN's demographic is likely to be skeptical of this, but I submit as proof the changes to these laws and conventions that happen when they begin to effect white communities. The most infamous of late is, of course, the War on Drugs and the response following the onset of the crack and opioid epidemics, respectively. Cruelty, in the name of deterrence, was 100% the name of the game, until the face of the crisis changed, and suddenly compassion was a more efficacious strategy.

Likewise, gun control is now a serious topic, where for much of the past two decades it was not, even for the left. This change is due mostly to an increased perception of susceptibility to gun violence, which was largely isolated to the black community for years.

Re: A Prison Lifer Comes Home

#75
post #2

The article leaves out some facts. While Fennell’s participation in the attack (at the age of 17) was sufficient to convict him for murder, regardless of who ultimately delivered the killing blow, the jury may not have convicted him for murder (or a judge may have later commuted his sentence) had he testified against the man who directly killed the victim: https://www.newspapers.com/image/?clipping_id=19706704&fcfTo.…

You conveniently glance over a key paragraph as well. > According to later testimony from one of those officers, Fennell sat with him, and no lawyer, for about an hour that morning before agreeing to make a statement about the night in question. Fennell later testified that the officer told him that if he made a statement, he would not get more than a year in jail. He felt pressured and scared. “Nobody there was my c…

Why is this a key paragraph? What the cop told him was bullshit, but that's not illegal.

All I see here is that Mr. Fennell was briefly questioned by police, and gave a statement that appears to have been largely or entirely accurate. It seems he hasn't significantly recanted any of it to this day, except possibly to add some uncertainty to his recollection of a murder weapon.

When he laments that "They took advantage of my ignorance, of my family’s ignorance of the legal system", is he saying that if only he'd lawyered up then maybe he could have beaten the felony murder rap? Even though he plainly admits to assaulting the man and watching while someone else possibly stabbed him to death? We're supposed to be sympathetic to that?

Re: A Prison Lifer Comes Home

#76
post #58
post #20

Earlier quoted context omitted.

I don't think it's unreasonable to say all participants in a crime that leads to a murder, even if the participant didn't personally kill someone, are equally guilty. Obviously there is a question of proximity, but under Fennell's (presumably charitable) telling of events, he assaulted a man then returned with a co-conspirator; when the victim attempted to defend himself, Fennell threw a bottle at him and watched as…

> I don't think it's unreasonable to say all participants in a crime that leads to a murder, even if the participant didn't personally kill someone, are equally guilty. You don't? To me it sounds like the epitome of legal absurdity. So, if 3 teenagers decided to steal a car and have a joyride (sure, a stupid and criminal decision, but tons have done it with nobody being hurt), and while trying to do so, the owner com…

Yes. They chose to commit a crime and then an assault while armed. What you're trying to whitewash isn't joyriding, it's carjacking.

Even for the two that didn't pull the trigger, they could easily foresee the actions they participated in killing someone. If they don't like it, people should refrain from participating in carjacking. And if a member of your criminal group is an idiot liable to hurt someone, you should choose not to commit crimes with that person.

Re: A Prison Lifer Comes Home

#77
post #64

Earlier quoted context omitted.

The article directly addresses the idea that "Being 17...doesn't make you less culpable." "Of just over 200 released, six have faced new charges, but only one has been convicted of a new crime, contempt. That’s less than a 3 percent recidivism rate. “When you’re looking at the percentages of the guys who’ve come back in court, and compare that to our overall, which is around 40 percent, you really know you’ve done a…

>There are a million things incredibly unwise things I would have been far more likely to do at 17 than 27 now Yes, I too made very stupid choices in my younger days, which could have killed me many times over. I have not however, done things that could have hurt/killed others. That doesn't make me a saint, it just means I understand the value of human life and that I have no right to jeopardize the lives of others.…

I thought the evidence is what you’re seeking as a deterrent isn’t that effective.

Re: A Prison Lifer Comes Home

#78
post #57
post #44

Earlier quoted context omitted.

> In the end, a society gets what they deserve, and those revengeful reap what they sow. Like those clinging to guns for "protection", and dying from gun crime (or from their own gun-owning family members). Which way does the causation run, for both? https://ourworldindata.org/uploads/2013/03/homicide-rates-in... During the 20th century the US homicide rate fluctuated from 5-10 per 100,000. In Germany, France, Sweden…

> The idea that gun control and lenient criminal laws caused lower homicide rates in Europe contradicts all the available data Does it? Check this graph of historical rates in Europe going back to 1300 and covering the whole 20th century: https://ourworldindata.org/homicides It was much worse in the past -- and even before the abolishment of the death penalty the drop are related to a more lenient system (e.g. check…

I don’t see how that helps your argument. Gun control and leniency on criminal issues are a 20th century reform in Europe. England imposed the death penalty for pickpocketing until 1808. And prior to 1920, you could buy guns at the store with cash in the UK. Gun control didn’t exist in France until 1938. Yet the homicide rate of the UK was lower than it is today, and 1/7 of what it was in the US at the time. By 1800, it was basically at modern levels, at a time when 220 different crimes carried the death penalty, including theft or forgery. How can leniency on criminal issues be responsible for low homicide rates that were low before they were implemented?

Re: A Prison Lifer Comes Home

#79
post #61

Earlier quoted context omitted.

Sorry, but a 17 year old knows what it means to rob and murder someone and knows the difference between right and wrong. That’s the basic criterion for culpability.

No they don't. Every human being is an effing idiot when it comes to group dynamics and you never know when a simple brawl or mugging turns into murder. First of all, if we are talking law and regulations: You don't know all of them and they are constantly shifting. And let's not get into the details of local legislation whether you live in a union of 50 or like me 28 states. Secondly morals, those are learned first…

Are you really trying to claim a 17 year old doesn’t know murder and robbery are illegal, much less wrong?

I’m not saying anyone should necessarily go to prison forever, but any 17 year old of normal to somewhat below normal intelligence knows murder and robbery are both wrong and illegal.

Re: A Prison Lifer Comes Home

#80
post #64

Earlier quoted context omitted.

The article directly addresses the idea that "Being 17...doesn't make you less culpable." "Of just over 200 released, six have faced new charges, but only one has been convicted of a new crime, contempt. That’s less than a 3 percent recidivism rate. “When you’re looking at the percentages of the guys who’ve come back in court, and compare that to our overall, which is around 40 percent, you really know you’ve done a…

>There are a million things incredibly unwise things I would have been far more likely to do at 17 than 27 now Yes, I too made very stupid choices in my younger days, which could have killed me many times over. I have not however, done things that could have hurt/killed others. That doesn't make me a saint, it just means I understand the value of human life and that I have no right to jeopardize the lives of others.…

>Haywood Fennell is not a victim, the person he and a group of his friends decided to rob and kill is the victim.

"Fennell was the only one convicted in the incident."

An African American 17 year old in 1968 talking to police without a lawyer ... While the crime definitely should have been punished, it sounds kind of questionable whether the justice was served here.

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