QUOTE(Good Hands @ Aug 24 2009, 12:18 PM)

Either or. It sounds like you think prison is either or. Again, I ask the question. What of justice? This man is a murderer. Is it just for a convicted murder to be free? A man commits murder...he is caught, convicted, and sentenced...and that's retribution? Not the same way I would define retribution. Of course some want retribution. But that doesn't reduce prison to contemplation or retribution.
I follow your argument that Scotland sets other criminals free who are dying. So within the context of Scotland's practices, they are arguably consistent.
But justice is more than Scotland being consistent with their practices, just as compassion is more than setting a murderer free. And, therefore, I criticize Scotland for freeing a man who was found to be guilty of murder. And unless there is abuse, he is not "suffering" in prison in any way other than his own making. He is dying...he is suffering because he is dying...which he will be doing free just as he was doing in prison. Such suffering is not alleviated by either being in prison or being free.
I appreciate that you have responded thoughtfully, and hope to have done the same. We obviously have fundamental differences of opinion about things that are at the heart of this.
You may not espouse this particular point of view, but most people who have been against his release have said things like "he should suffer in prison", etc... Given that they have the policy they do, to deny him the same opportunity that other convicted criminals are given is retribution. Further, the conditions in prison are horrid. Beyond just being uncomfortable, lonely, hard, etc....the conditions are horrid. And I would dare say, those who are against this guys compassionate release would say that these horrid conditions are ok. That the prisoners deserve this.
Some of the things going on are no beef or no green leafy vegetables in most federal prisons. This leads to an iron deficiency. I have a family friend in federal prison who has injured his leg, it's swollen twice the size of the other leg, the skin is broken and infected. He believes he has fractured his leg. He was given a tube of neosporin. That's it. No xray, no antibiotics, nothing. Now in order to get what I would categorize as basic human treatment he has to file a complaint and be subject to retribution by prison administration and guards. This is outrageous. If we treated a dog in this way someone would go to jail.
As for justice: it is a difficult concept to enact. It's subjective on it's own terms. Every day similarly situated criminals are adjudicated in different manners with different outcomes. We strive for justice to be "blind", but as it's practiced it is not blind at all. I have a feeling that one reason there is so much outrage re: this guy is he's Libyan. If he were Irish and had bombed London and they let him out would there be as much outrage? I don't know for sure, my guess is not. Why is that?
Admittedly, one issue with English Common Law is that it does not take into account the lasting effects of the wrong committed against them. I am very opposed to the cannonization of victims that seem to be happening lately. It's horrid when anyone dies, yet we lost our minds and spent billions on the families of the 9/11 victims. What do we do for the woman who loses her innocent child to gang violence (also terrorism, by the way), what about the 18,000 people who die each year due to lack of health care? Where is the outrage and rabid protection for them? It's not there because we've created a hierarchy of justice. I'm not opposed to helping victims families, but lets do it for all victims families. That will never happen because we value some more than we value others (we in the greater sense of we).
Where's the outrage at Israel for destroying family farms and Arab families only way to support themselves while building a wall that separates families from each other? And it's not a matter of Israel being able to "protect" themselves, it's the manner in which they're doing it.
It's easy to segment and compartmentalize an event, like 9/11 or Lockerbie , but true justice would demand that we treat all victims of terrorism with the same fervor. And we don't. And a lot of people are OK with that.
And now there's uproar over investigating alleged torturers and prosecuting them. Doesn't blind justice demand that we investigate, and if they have violated the law, prosecute them?
It's hardest to uphold "justice" when to do so would be against one's personal opinions or morals; but, unless we do that it's not justice, it's tyranny.