Freedom and Determinism - Essay Example

Through determinism concept, freedom is driven by several aspects in human live including mental status, past life experience, physical factors, theological matters, biological concerns and so on. However, criminals also try all evasion avenues possible to escape any convictions, possibly using their lawyers. With this understanding, the stand of the attorney general and the jury that Penry's behavior may be a scheme purposed to deception, as opposed to arguments on childhood abuse and diminished mental capacity may be worth.

Penry's side felt that his behavior was as a result of mental disturbance, with the other side believing that the behavior was out of ignorance but not mental retardation. Penry's lawyers hold that moral responsibility depends on mental stability. They suggest that the case should be waved because could the accused be smart mentally, then the crime could not take place (Doob, 2006, 11). Several aspects of determinism can be used to explain the varied views and opinions of the two sides. Nomological or causal determinism can be used to necessitate and explain present and past events.

The horrific treatment of Penry by his mother should have impacted on the way he behaved by the belief that the past can influence the present. This is backed by scientific determinism or deterministic dogma which provides that cause, effect and precise eventual combination engenders particular outcomes at given moments. Events that Penry underwent at young ages accumulated to influence his behavior. Horrific treatment of the accused by his mother tells us what character the mother was. Biological determinism argues that desire, belief and behavior of an individual can be mould by endowment of genetics (Doob, 2006, 13).

As a result, Penry may have inherited bad habits from her mother. In defining a disease, genetics is treated as a vital element, meaning that ailments are linked to genetics. In theological determinism, daily happens are determined by God. This takes place through a form of omniscience, knowing ones actions in advance and decreeing ones actions in advance. The controversy of this determinism is how free will can be deemed free when someone has already planned for it. Thus it can be argued that this is the way God programmed the life of Penry.

The above concepts of determinism link it to excuses of behaving unethically. Hard determinism applies environmental and hereditary means in influencing morality. Therefore, people do not have to belief ethically if they don't believe in uncaused free will. Soft determinists say that causation isn't acted unpredictably neither should it be viewed as compulsory or else a constraint (Doob, 2006, 12). Based on the above facts about determinism, prosecution judges should be very careful in establishing whether the conduct of the accused was genuine.

This is the starting point for fairness to both sides and legal system itself. In the same line of thought, the society requires justice from legal institutions. These institutions are primarily set up to safeguard the rights of individuals and the general society. As above stated, the jury should take time to determine what made the man behave this way. If it was intentional, then the man is a potential threat to the society, indicating