I don't subscribe to the "eye for an eye" school of thought at all, for three main reasons. (I'll come out for starters and say that all these arguments apply just as much to the death penalty, to which I am also opposed).
The first is simple pragmatics, and related to
Pheeler's point:
QUOTE
Unfortunately, no one believes that they will be caught, so punishments seldom deter people from doing what they want to.
All the analysis I've seen indicates to me that criminals
either commit their crimes completely on the spur of the moment, not considering any consequences, and then once they have recovered some composure they try to hide what they have done for fear of
detection. (If they also fear the punishment as much as an "eye for an eye" system would indicate, they would try even harder to avoid detection).
OR, they plan their crime in advance with a cool head, and believe that their careful planning will shield them from
detection. Again, if the likely punishment is particularly harsh, the likely effect is that even more care will be taken to avoid detection.
The only situations I've heard of where a person commits a crime with full awareness of the likely consequences and no attempt at concealment are when "eye for an eye" subscribers take the law into their own hands to punish someone else.
Sitting here, now, thinking about myself, being boiled alive would deter
me from boiling anyone else, adult or child. But, and here you'll have to take my word, I am never likely to boil any living creature (except perhaps a lobster). If I ever did, I can only imagine that I'd be in some kind of altered state (through exxtremes of illness, drugs, or emotional strain) where I would act impulsively without thought of apprehension by the authorities, or that I'd go out of my way to avoid such a consequence. After all, they can't boil me alive if they can't find me, or if they think they've found someone else.
NEXT, I do not trust the justice system enough to be completely convinced that all people convicted of a crime actually did it. The police and legal establishment are all human, and humans make mistakes. In a prison-based system of punishment, the worst that can happen is prison. I can live with that - wrongly convicted people can be released, compensated, and apologised to. That doesn't fully recompense them for their lost freedom, of course. But they are still alive and able to begin again, hopefully with all their faculties intact.
If we boil convicted baby-boilers, how do we compensate them when we find out we got the wrong guy in our haste to punish SOMEONE for such a horrible crime? They're dead - we can't bring them back to life.
My last reason follows on from this, but is more abstract, and I think more important. The state carries out these punishments, and I believe that, in every meaningful way WE are the state (depsite constitutional anachronisms here in the UK that says that a Mrs E Windsor of London is the sole personification of the British state). If we wrongly kill someone, even if we genuinely believe that we are right to do so at the time, that makes US murderers. In an eye-for-an-eye system, that means we should all be killed.
Furthermore, even if we know, uncontrovertably, that someone really IS guilty of baby-boiling as charged, boiling them (while not nearly as bad as boiling someone wrongly convicted, because the real baby-boiler set them up so they themselves could avoid punishment) just makes us as bad as they are - we think boiling people is a good idea in some circumstances - just as they did.
I expect someone to come back and say "so you would prefer to allow baby-boilers to go on boiling babies than to see one innocent person boiled by the state", so I'll pre-empt.
Yes and no. No, I'm no fan of baby-boiling, but it's a false dichotomy. My ideal would be for nobody to get boiled by anybody. And yes, I would prefer my hands to remain blood-free, through the state not doing anything in my name that I would not be prepared to do myself (which means that war in defence is allowed, just as I would be prepared to kill in self-defence as a last resort).
We are responsible for what we do, and by extension,
for what is done in our name. We are
not responsible for what other people do -
only for how we react to them. We should act humanely to them,
not because they deserve it, but because
we set higher standards for our own behaviour than they do for theirs.
So, long prisons terms for baby boilers, by all means. But no boiling, flogging, mutilation, etc, just long years in jail.