Episode 83: Crime, Punishment and the Search for Justice

“If we’re going to harm somebody because they’ve done something wrong, we should do it because we expect good things — better things — to come from it.” — Professor Adam KolberAs humans, we have strong feelings about right and wrong. But our individual opinions regarding what constitutes justice — or even what constitutes a crime, in many cases — may vary. Our culture remains deeply divided on the policies that guide punishment, so how do we determine the best and most ethical courses of action when it comes to maintaining law and order in our society? Should punishment be inflicted to cause harm and suffering, or as a consequence that will produce some good?This episode of The Living Jewishly Podcasts is an instalment of What Would You Do?, a podcast about ethics in the modern world. This episode’s guest is Professor Adam Kolber, who teaches health law, bioethics, criminal law, and neurolaw at Brooklyn Law School.During this conversation, Dr. Elliott Malamet and Professor Kolber dive into the goals and moral basis of punishment, the difference between vengeance and punishment, and how culture and politics affect crime and its institutional consequences.“When you increase amounts of punishment a little bit, it doesn’t affect people’s behaviour very much… because most people don’t think they’re going to get caught.” — Professor Adam KolberThis‌ ‌episode discusses:‌ ‌

• The retributivist approach to punishment v. the consequentialist approach
• The rationale behind the extremely high levels of crime and incarceration in the United States
• What we gain from performing justice and punishment on an institutional rather than individual level — and which types of punishments are most effective

‌Highlights:‌ ‌00:53 Intro02:42 Adam Kolber & goals of punishment04:46 Vengeance & punishment06:03 Blood avengers v. institutions07:44 Crime in the United States10:39 Crime & culture13:11 Heroes in popular culture14:40 “Getting away with it”16:12 Effective punishments18:27 Kant’s thought experiment22:40 Free will, responsibility & capital punishment27:30 Eye for an eye30:11 Proportionality & drug offences32:27 Atonement34:09 Punitiveness in the digital era38:19 ConclusionLinks:‌ ‌Kant: The Metaphysics of Morals by Immanuel Kant & Mary J. Gregor (Editor)https://www.amazon.ca/Kant-Metaphysics-Morals-Immanuel/dp/0521566738To get in contact or learn more about Living Jewishly:Visit‌ ‌our ‌website: https://livingjewishly.orgFollow us on Instagram: @living.jewishlyWatch us on YouTube: https://www.youtube.com/channel/UCO2YEegjapKpQeXG6zh6tzwor send us an email at hello@livingjewishly.org.Shalom!