Thursday, May 11, 2006

Vengeance is Mine, Sayeth the Lord


I'm not at all religious, but that is one verse that, to me, rings true.

The band manager whose actions led to the nightclub fire in Providence, Rhode Island a few years back -- killing 100 people -- was sentenced yesterday to four years in prison. The man, who has admitted to setting off a pyrotechnics display that caused the fire, has also said he had no idea the fireworks would start a fire, or that they fire would spread so quickly, or that there wouldn't be enough exits in the event of a fire. He has apologized repeatedly and seems to feel pretty intense anguish and regret over the incident. He was negligent, clearly, and acted without thinking, obviously - but it also seems clear that there was no ill intent in his actions. This was an accident.

What has been amazing to me about this case is the reaction of the families. 100 people died. 100 families lost loved ones. I know the pain, the sense of loss, the sense of robbery, the feeling of injustice at these needless, preventable deaths must be incredibly intense for every person affected. I'm sure that their grief is deep and real.

But what person who has lost a family member in a particularly tragic manner -- be it the mother who lost her second son to violence in Boston this past week, the family that lost their 26-year old daughter to a repeat drunken driver, or, as in this case, families that lost their loved ones due to the negligence and stupidity (but not malice) of one man -- does not feel this way? Who would not feel anger and sadness?

Yet -- at least from the quotes in the media, which, granted, may well be skewed -- the families in this case seem to have taken it to a whole other level. Many got on the stand and "described a grief so intense they could not get out of bed, and said they looked forward to nothing but reunited in death." One particularly vitriolic (and clearly distraught) woman yelled to the defendant's mother, ''What do you think of your son now?", going on to claim she felt satisfied that the man's parents would now have to suffer as she had suffered for the loss of her daughter. The reactions, almost across the board, were hateful and rage-filled. They were looking for vengeance, not justice.

Contrast this with the reactions of most of the families after Moussaoui was sentenced last week to life in prison instead of the death penalty. There was general calm, even relief that they would be spared years of appeals. There was some anger, sure, but most of the families seemed to feel as though justice was served. The jurors on that case demonstrated that despite the intense emotions surrounding 9/11, it was possible to reach a decision based not on a desire for revenge, but on a desire for what was just. That was a fine day for our criminal justice system.

To me, this case in Rhode Island speaks to the heart of what we believe our justice system is for. Is it to punish or protect? Do we send people to jail or put them to death to prevent future crimes or deter potential criminals? Or is it to exact some sort of punishment, some sort of retribution for wrong-doing? Is it about taking an eye for an eye, or is it about ensuring that we all can see?

Probably a little of both. Someone who intentionally commits a horrendous crime probably ought to be punished. And we need a way to deter people from committing actions that could harm others -- like driving drunk -- whether the intent is to harm or not.

Yet in this case, four years seems like a long sentence. Whatever punishment this man deserves, surely the guilt he will carry with him for the rest of his life will suffice. Is putting him in jail going to deter him from starting fires in nightclubs again? Well, possibly, but it seems pretty clear this man is not otherwise a menace to society. We are not any safer by putting him in jail. And I highly doubt that if this man were to be given a lighter sentence -- community service, for example -- that other band managers would feel they could now "get away" with being negligent with their safety checks. Society gains nothing by putting this man in jail, except for satisfying society's apparent need for retribution.

There is a reason we don't allow victims and their families to decide the fate of those who have wronged them. The human need for vengeance is strong, but justice has nothing, nothing to do with vengeance.

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