I’m a newbie so I will probably do some errors, please tell me.
I want to make a few points, because I am studying law and I think there are some misconceptions about moral luck and trial.
The Knox Case is a bad example of trial by jury, because Italy, a Civil Law country, uses an inquisitorial system, which is a system where there’s not a jury like in Common Law countries.
You could say that the Knox Case was judged by a Court of Assize where there is a collegium of 8 judges, 2 with a legal background and 6 from the ordinary people, but it’s nonetheless different from a trial by jury because the two experts have more influence on the other 6 than being separate from them.
Also, I can say a few things about moral luck from Italian legal doctrine point of view, I don’t know if it is similar to US penal doctrine. To say that someone is guilty, you have to go through 4 steps.
First, the crime must be a human action. Second, this action must be against the legal system. Third, the crime must be personally ascribed to the author. Fourth, you have to ponder the external conditions that may or may not found the punishment of the author.
So, to answer your question why we are not punishing the morally lucky people, I can say two things. First, the judicial system cannot punish everyone. Last, deterrence has to be balanced with proportionality, re-education and human rights. Yelena has killed someone, Alice has not.
I’m a newbie so I will probably do some errors, please tell me.
I want to make a few points, because I am studying law and I think there are some misconceptions about moral luck and trial.
The Knox Case is a bad example of trial by jury, because Italy, a Civil Law country, uses an inquisitorial system, which is a system where there’s not a jury like in Common Law countries.
You could say that the Knox Case was judged by a Court of Assize where there is a collegium of 8 judges, 2 with a legal background and 6 from the ordinary people, but it’s nonetheless different from a trial by jury because the two experts have more influence on the other 6 than being separate from them.
Also, I can say a few things about moral luck from Italian legal doctrine point of view, I don’t know if it is similar to US penal doctrine. To say that someone is guilty, you have to go through 4 steps.
First, the crime must be a human action. Second, this action must be against the legal system. Third, the crime must be personally ascribed to the author. Fourth, you have to ponder the external conditions that may or may not found the punishment of the author.
So, to answer your question why we are not punishing the morally lucky people, I can say two things. First, the judicial system cannot punish everyone. Last, deterrence has to be balanced with proportionality, re-education and human rights. Yelena has killed someone, Alice has not.