Driving While Morally Outraged

My wife didn’t sleep well last night, so I drove her to work this morning. And after I dropped her off and waited my turn in the metered lane of the onramp to get back on the busy freeway, I saw several cars whiz past me in the unmetered carpool lane, none of which contained the required two occupants or more for that lane.

I felt resentful and wished there were a CHP unit stopped somewhere nearby monitoring these blatant violators and preparing to sock one of them with a costly ticket that would, henceforth, deter them and others from taking advantage of highway amenities for which they didn’t qualify while the rest of us dutifully abided by the law.

Of course, if all those drivers who disregarded the law obeyed it instead, the metered lane would have backed up even more than it did, and my wait would have been even longer. So was it really such a bad thing that some drivers illegally took advantage of the carpool lane? Was that really so different from infractions I commit all the time such as breaking the speed limit?

My first inclination is to think improperly using a carpool lane violates Moral Foundation Theory’s principle of fairness in a way that exceeding the speed limit doesn’t. And, being the political liberal I am, I’m purportedly more insistent on people treating each other fairly (and caringly) than are my more conservative fellow humans who are said to place equal if not greater value on other innate foundational values such as liberty, even when I arguably benefit from some people acting unfairly and using the carpool lane when they shouldn’t, thereby decreasing the traffic and wait time in the metered lane for those of us who act fairly.

Yet, how is it really being unfair to me if I’m actually being helped by it, and, if it is unfair, why don’t I think it’s unfair of me and others to exceed the speed limit when others don’t? Why don’t I stay at or under the speed limit and feel angry when others fly past me?

Am I maybe just resentfully envious of drivers who improperly use the carpool lane when I don’t have the nerve to do it, although I do have the (less) nerve required to speed?

Maybe if I spend more time thinking about all of this, I’ll be able to discern a significant difference between speeding and misusing the unmetered carpool lane of a metered freeway onramp that justifies my indifference to the former and aversion to the latter. Or, failing that, maybe I’ll either stop speeding, or I’ll stop feeling upset and self-righteous about carpool lane violators and go on about my driving with greater equanimity.

Reflections on the Madoff Sentence

Bernard Madoff was sentenced to 150 years in prison today for perpetrating an elaborate Ponzi scheme that swindled untold numbers of people out of a reputed tens of billions of dollars over a period of over twenty years.

I feel ambivalent about his sentence. On the one hand, Madoff ruined the lives of so many people that I believe he should spend the rest of his life in prison. Indeed, if we're going to have a death penalty, and the death penalty is reserved for those who commit the most destructive crimes, I believe that Madoff should receive the death penalty, even if that might be less punitive than enduring years if not decades in prison with no hope of getting out.

On the other hand, I'm a psychological determinist. That is, I believe that everything we do is the inevitable result of psychological causes that we did not cause. I don't know what caused Madoff to do what he did, but I believe that, given the interplay of his genetics, his brain structure and functioning, his environment, his life experience, and who knows what else, Bernie Madoff had to do what he did.

Yet, if that's true, how fair or just is it to punish Madoff with a life sentence for doing what he couldn't help but do? I wrestle with this question not only with respect to Bernie Madoff but also with respect to everyone convicted of any crime. I haven't arrived at any clear answers. But so far as Madoff is concerned, I believe that had he known before he began defrauding people that he could receive a life sentence for it, he might well never have done it, and others will almost certainly be deterred by his sentence from doing something similar. I also believe that "we the people" have a sense that justice has been served in the Madoff case and that this is better for our country than if we had the sense that guys like Madoff always get off relatively easy while the rest of us would have the proverbial book thrown at us for far less impactful crimes.

As I read what I've just written, I guess I'm making a utilitarian argument for Madoff's sentence. I'm arguing that its effects on potential white collar criminals and society as a whole is likely to be more good than bad. But still, to a psychological determinist like me, it hardly seems fair or just.

What's more, it would be interesting to ponder what I would think of Madoff's sentence if I could somehow know that it was unlikely to deter others from committing similar crimes or was unlikely to have a net positive effect on society. I suppose the vengeful part of me would still rejoice in Madoff's sentence. But another and presumably wiser part of me would probably feel profound misgivings.

But what I would like to see now is an effective investigation into just how Madoff was able to perpetrate fraud on such an incredible scale for such an amazingly long time despite ample cause for suspicion and even credible warnings that he was up to no good. Who wasn't on the ball, or worse, and what should our justice system do with THEM?