Everybody is aware that our justice system is, consciously or not, outwardly or not, shamefully or not, a legitimised route to vengeance before it’s a deterrent or a form of rehabilitation. That much is obvious, and it’s been the case ever since we’ve had a justice system. What I think will be interesting about the outcome of the forthcoming trials of those allegedly responsible for 9/11 is that, if it does result in the death penalty, it will be a clear and irrevocable indication not only that are we bent on revenge before trying to rehabilitate, but that we will seek revenge even at the expense of deterrence.
The criminals behind 9/11 want to be executed. They want to be martyrs; it is their greatest honour. If, as surely will be the case, they are found guilty by the court, administering the death penalty will be the opposite of a deterrent to others: it will only encourage those as deluded as them to walk the same path.
So will the justice system make an effort to do what it has long claimed to have been set up for and actually prevent further crime? Or will it just fulfill the easy, short-term job of placating our vengeful bloodlust, even when doing so fuels the flames that it supposedly exists to extinguish?