Jan./Feb. LD analysis

So I'm re-watching "The Dark Knight" (the one with the Joker).  And it got me thinking about the LD topic:

Is the Joker better served by retribution or rehabilitation?  Let's narrow the body of the Joker's work to just the film since there is SO MUCH if we drag the comics into this (the murder of Robin, murder Barbara Gordon, etc.)

For starters we know the Joker isn't 'playing with a full deck.'  This leads us to the question of whether or not he's even able to be rehabilitated.  The Joker is clearly a sociopath but there are many sociopaths locked up in our criminal justice system.  Can these people be rehabilitated if they're just not right in the head?  If it's not even possible to rehabilitate someone like the Joker, or James Holmes, or Adam Lanza (if he was alive) then why even consider it?  Why consider rehabilitation at all?

Let's consider this hypothetical: The Joker is caught and sent to Arkham Asylum (and let's hope assume Dr. Jonathan Crane ISN'T his psychiatrist).  First, why even send him to Arkham?  He's responsible for the deaths of several people in the film.  Anyone who is a proponent of capital punishment would say 'execute him.'  Clearly society is better off without him.  Retribution in his case dictates we give him the death penalty or at least consecutive life sentences.  This accomplishes two things: 1. Giving justice to the families of the victims (the Joker's life sentences are essentially death sentences since he'll likely die in prison) and 2. It keeps him off the streets.

But let's say the justice system decides to rehabilitate the Joker.  Through a combination of medications and therapy the Joker is somehow "healed" of his desire to inflict harm on the citizens of Gotham.  There are a couple of questions that arise from this, provided the rehabilitation is "successful."  1. Is the effort to rehabilitate justified (whether its successful or not?)  2. Does successful rehabilitation mean that he should be freed? 

The first question: The effort to rehabilitate.  The costs of feeding/housing/medicating criminals has been well documented and the data gets skewed.  Depending on how you break it down it can either look very cheap or appear very expensive.  Rehabilitation is probably going to be more expensive, once you consider the manpower (psychiatrists, therapists, parole officers, etc.) and it's not a guarantee.  In the Joker's case "some men just want to watch the world burn" - Alfred.  He just might be a lost cause.  But what about a more realistic case involving someone with an abusive upbringing?  Someone whom some might say is more a product of his/her environment.  This doesn't excuse their actions, BUT if you can undo the damage done to them you might be able to give them a clean slate; a fresh opportunity to restart their life.  But for some criminals (like the Joker) you'll wind up expending the resource and getting no results.  And after months/years of attempts, the rehab will be pointless and the question will be - "Were we doing the right thing?  Was it just?"

The second question gets even more dicey.  Let's say the criminal justice system (in this case therapists, psychiatrists and the like) are successful.  Let's say the Joker after months/years proves to be a changed man.  A better example here might be from the Simpsons in Sideshow Bob.  Just about each Sideshow Bob episode begins with him being let out, often on the promise of rehabilitation.  And in at least one episode, his rehab seems to have worked.  He's helping Rev. Lovejoy in the prison chapel and his behavior is impeccable.  The only reason he returns to jail at the end of the episode is because he is set up by his brother, Cecil.  Should Bob be released?  Compared to the Joker, Sideshow Bob is Pat Robertson.  Bob hasn't killed anyone, he's just attempted to several times.  If his rehab has been assumed to be successful, then should he be freed?  Clearly, the Simpson family would object (maybe not Lisa) and would claim that this was an injustice.  But Bob has done his time.  What's more, having him OUT of jail allows him to be a productive member of society and reduces the overall cost of caring for the rest of the inmates who are lost causes (like the Joker).

These are issues to consider when constructing points for this case.  With every LD topic, it's important to think through questions like this to refine your points and plan rebuttals.  Sloppy case writing would skip these exercises and just start throwing values/value-criteria around to see what sticks.  Do the homework, folks.

"We may have we may have fallen into the intellectual deep end here. And if you try to grab on to me, we'll both drown." - Tracy Jordan to Kenneth, 30 Rock