"No peace without justice, no justice without forgiveness". (dixit Saint Augustus)
The experience showed me that when a crime(murder) is committed, the victims families believes this is reasonable to expect that the justice of their country does its best to find the perpetrator, judge him/her fairly and punish him/her righteously. In particular, to facilitate their grieving. And when they see that the said perpetrators
switch from killers to victims status and narrowly excaped prison or death because of a mental illness or a procedural error at trial, the families know that they will never mourn and keep moving in their lives so, the justice didn't do its job and they are right to think so. And do not let me on the risk of recurrence!
-> in summary, if the perpetrators has the right to have a good defense, the victims - and by extension the families - should also have the right to see justice done in the name of the deceased.
About the question asked by Lonely Horse, "Do you think Iko deserved to be executed in "Repentance", I agree with Jirin Panthosa, it is a complex philosophical question. But I still think that Iko deserved to be executed because: 1) no matter he had a congenital birth defect, which was the source of his
violent outbursts, he killed a poor man and nothing could change that! 2) he was fairly judged and although he was found guilty the first time, he had a right of appeal, which (here, I refer to the whole procedure) has been more than what the victim had! Alright it failed at the end but at least, this appeal in front of the family of the victim offered him the opportunity to apologize to them and surely allowed to both parties to finally have peace of mind.
Well, we'll just have to agree to disagree then. My position stems from the idea that a judicial process should be dispassionate and not based in any way, shape, or from on the desires of victims or their thirst for vengeance. Victims should be witnesses, not more; and certainly not primary beneficiaries of a process that ought be focused on whats best for society as a whole. I also find it hard to accept that a person who has been forced by illness to act against what his or her healthy mind would have decided should be punished. Yes, a crime was committed, but capacity has to be taken into consideration when rendering decisions, otherwise we might as well prosecute everybody as able-minded adults for everything regardless of age or cognitive ability or even intent. And while we're at it, we should throw out any pretense that consent is important in a system that cares only about effect and not at all about cause.