Q&A: Law and the Trolley Problem
Law and the Trolley Problem
Question
It is commonly said that it is better for a hundred criminals to remain out of prison than for one innocent person to be sent to prison.
If we assume that putting a criminal in prison is meant to protect other people (whether from him or as a deterrent), and not only to punish him, it follows that the claim is that it is preferable not to cause a small harm ourselves even if that indirectly results in a great harm. So in effect this is a decision in the trolley dilemma.
Am I right in my analysis, or is there something I’m missing?
Answer
That is what is written in Maimonides.
There is indeed something to the similarity you found (to the trolley problem). However, the future harm is uncertain and in the future, whereas convicting an innocent person is certain and immediate. It seems to me that this question came up here not long ago, and I addressed it there.
Discussion on Answer
Indeed.
Do you mean this question? https://mikyab.net/%D7%A9%D7%95%D7%AA/%d7%a7%d7%90%d7%a0%d7%98-%d7%95%d7%91%d7%a2%d7%99%d7%99%d7%aa-%d7%94%d7%a7%d7%A8%d7%95%d7%A0%d7%99%D7%AA