by J. Pharoah Doss, For New Pittsburgh Courier
Free will versus determinism is an old debate.
Believers in free will assert individuals are not constrained by fate and have the power to choose between alternative decisions and actions. Determinists insist free will is an illusion because all decisions and actions are predetermined by an unbroken chain of prior events leaving individuals with no choice in the matter.
So far, the debate has had no victor, compromisers claim they’re compatible, but there’s a more practical question concerning free will and determinism that’s hardly discussed.
Which concept has more utility in a free society?
Free will’s fundamental claim is that individuals are morally responsible for their actions and must be held accountable for any wrongdoing. Determinism draws the opposite conclusion making individuals unaccountable for their predetermined misdeeds.
Here’s an example to explore which has more utility.
Two months ago, in Chicago, eight-year-old Melissa Ortega was fatally shot in the head after a teenager got out of a parked car and shot multiple times at a rival gang member. The shooter hopped back into the car and the driver fled.
Later on, 16-year-old Emilio Corripio and 27-year-old Xavier Guzman were apprehended by authorities. Carripio, the accused shooter, was charged as an adult with first-degree murder, attempted first-degree murder, and two felony counts of aggravated discharge of a firearm. Guzman, the accused getaway driver, was charged with first-degree murder and attempted first-degree murder.
CBS investigators discovered Carripio committed three aggravated car jackings the prior year and was on “intensive probation”. Carripio is also affiliated with the notorious Latin Kings. This is a highly-structured criminal organization with over 20,000 members in Chicago. Nationwide, the Latin Kings total 50,000 in 120 cities. Aspiring members join the gang through violent initiation rites. Some take a severe beating from experienced gang members, but more advanced aspirants are sent to assault, rob, or kill rival gang members.
Cook County State’s Attorney Kim Foxx stated Melissa was an American dream that was taken away from us for merely walking down the street with her mother. Then she vowed to make sure the shooter was held accountable for his conscious decision to pull the trigger.
However, when Chief Cook County Judge Timothy C. Evans was asked about the shooting of 8-year-old Ortega and the adult charges for 16-year-old Carripio, he told the reporters that judges should be seeking to rehabilitate offenders rather than punish them.
Then Evans reinforced his statement with science.
He explained a teenager’s pre-frontal cortex was not fully developed. That part of the brain isn’t fully developed until the age of 25. Evans said, “This kid is 16. There’s no way that he would have the prefrontal cortex already developed. So, while I can’t talk about that particular case, I’m just talking about the typical 16-year-old, he doesn’t have that part of the brain developed that makes it possible for him to distinguish between the right thing to do and the wrong thing to do.”
Reasonable people respect the judge’s commitment to prioritize rehabilitation over punishment for juvenile offenders and are sympathetic to the judge’s reservations about charging juveniles as adults, but reasonable people find it hard to believe that teenagers can’t distinguish between right and wrong due to an underdeveloped pre-frontal cortex.
Activists that want prisons abolished applaud reasoning that removes moral accountability from the offender. These activists believe it’s morally irresponsible for the criminal justice system to punish individuals, especially adolescents of color, who are predetermined for deviance due to poverty, poor schools, and limited economic opportunities.
Let’s suppose prisons were abolished, punishment for crimes outlawed, and the sole purpose of the criminal justice system was to rehabilitate offenders. If determinism is correct, then nothing will be accomplished. Determinism renders rehabilitation impossible because it can’t be initiated. Rehabilitation starts with the offender accepting responsibility for their actions, becoming morally accountable, and making a conscious choice to change.
Even if free will is an illusion, the utility of the illusion will remain paramount for the criminal justice system, not just for adult moral accountability but for the rehabilitation of juveniles.
About Post Author
