4. Crime and Punishment

Learning Objective: To pick out the key points in this topic for

revision.

Christian ViewsChristians believe the law of the land should be upheld. However if the laws are unjust it is seen as right to campaign peacefully against them (Trevor Huddleston, Martin Luther King and Desmond Tutu).

There is a strong emphasis on forgiveness in Christian teaching and Christians look to the example of Jesus on the cross as well as the words in the Lord’s Prayer. They believe punishment and forgiveness can work together with the emphasis on reforming the criminal.

Many Christians have campaigned and still work to improve conditions in prisons. They also support other forms of punishment such as tagging. The Quakers in particular support other alternatives to prison.

Many Christians oppose the death penalty as this does not allow reform and denies sanctity of life. The Roman Catholic Church would only support Capital Punishment if there was no other way of protecting society.

Sikh ViewsSikhs believe the law should protect the weaker members of society from criminals. They believe they should obey the laws of the land unless these conflict with Sikh principles.

Sikh teaching does not encourage retribution and retaliation, but stresses the importance of trying to be like God who is without hatred (nirvair)

They accept the need to send some criminals to prison in order to protect society. Sikhs are encouraged to forgive and support people returning to society after serving their time.

Most Sikhs oppose capital punishment as this is like killing in cold blood. However some Sikhs are not totally opposed to the death penalty as the threat may provide a deterrent to protect society.

Law, Crime and Sin.•Laws have been established by human society to govern conduct. They are designed to protect the vulnerable so that human society is raised above a basic situation in which the ‘law of the jungle’ applies and the rule is ‘survival of the fittest’.

•A crime is an action that breaks the law of the land. Non-indictable offences are less serious crimes such as riding a bike without lights. Indictable offences are more serious crimes such as rape or murder and can result in a prison sentence.

•A sin or religious offence is an action that breaks one of God’s rules and in the Catholic Church can be venial (less serious) or mortal which is very serious.

Three Categories of Crime

1. Crime against the person – the crime is directed against an individual or group of people e.g. murder, rape etc.

2. Crimes against property – these account for the majority of crimes, e.g. burglary, vehicle theft etc.

3. Crimes against the state – these include terrorist activities, selling secrets to another country, false accounting to deceive the tax office etc.

Why

do people break

the law?

Social reasons:

To join in with their friends and

be one of the gang

Environmental reasons:

Poverty, unemployment, lack

of education or a deprived home

background

Psychological reasons:

People are naturally selfish and want

more. Some people commit crimes

because of mental or emotional

problems, boredom or hatred.

Drug addiction:

Addicts may finance their drug habit through

shoplifting or prostitution or more violent crimes.

To memorise use

P.E.D.S.

Types of Punishment The punishment is intended to reflect the severity of the crime. The

courts also consider the circumstances of the crime – was it premeditated or not?

• Custodial sentences – imprisonment in prison, detention centres or young offender’s institutes.

• Community rehabilitation order – offenders see a probation officer or attend a probation centre on a regular basis. It is hoped the probation officer can advise, assist and befriend offenders and help them reform.

• Community punishment order is when the court sets a number of hours of unpaid work in the community that the offender has to complete as a punishment for their crime. Sometimes called community service.

• Fines – a sum of money is paid to the court as a punishment for a crime.

• Suspended sentence – comes into force only if the person commits the same offence within a given time.

What are the aims of

punishment?

All punishments seek to reduce the number of crimes committed; the way they aim to achieve this varies.

Protection – to protect society from anti-social

behaviour. E.g. a driving ban for

dangerous driving

Retribution (revenge) punishment is intended to pay back the offender. (An eye for an eye etc.) E.g. a long custodial sentence.

Deterrence – seeking to put the offender and others off

committing crimes. E.g. fine, 72% of all offenders are fined.

Reform – help the offender change so he/she will not want

to commit crime again. E.g. community

punishment order.

Vindication – Laws will only be respected if those breaking them

are punished. Laws must be respected if they are to work.

Reparation – compensating

society/victim in some way for the crime committed.

Does Prison Work?Prison aims to

reduce crime by deterring offenders, protecting society and encouraging

prisoners to reform

Over 58% of those discharged from prison are re-convicted within 2 years.

By 2002 there were over 71,000 inmates in prison in

England and Wales.

Not enough warders so many offenders spend up to 23 hours a day in their

cells.

Cells are overcrowded and this leads to stress and increased risk of

violence.

Prisoners learn criminal behaviour from each other. Less than 50% of

prisoners are guilty of violent crimes.

Prison breaks up families, many

have no home on leaving prison and

so re-offend.

Prisoners become institutionalised and can’t cope with life

outside prison.

NACRO

Howard League for Penal Reform

Prison Reform Trust

Parole and Electronic Tagging

Parole – This is when a prisoner does not serve the full sentence given by the courts. A parole board looks at how the person has behaved and co-operated in prison and access the risk to the public of an early release of the prisoner.

Electronic tagging – this is becoming more popular as an alternative to prison. Electronic ankle tags are attached to criminals so their movements can be checked. It can be linked to the home detention curfew scheme, where prisoners have to stay at home at night.

Capital Punishment(Punishment by death)

• There is no capital punishment in the UK, but it is still used in the USA and many other countries. It was abolished in Britain in 1965.

• It is seen as the ultimate means of protecting society, of retribution for victims, of deterrence for other criminals, and of vindication of the law.

• Many people oppose capital punishment because it does not allow criminals to reform.

Arguments For and Against Capital Punishment

• It is a deterrent to murder

• Removes risk of murderer repeating crime

• Saves money• It is more humane than

life imprisonment

• Mistakes could be made – innocent lives taken

• Also punishes the family as they lose a loved one

• Can create martyrs to a cause (terrorists)

• It is a barbaric punishment for modern society

Christian ViewsChristians believe the law of the land should be upheld. However if the laws are unjust it is seen as right to campaign peacefully against them (Trevor Huddleston, Martin Luther King and Desmond Tutu).

There is a strong emphasis on forgiveness in Christian teaching and Christians look to the example of Jesus on the cross as well as the words in the Lord’s Prayer. They believe punishment and forgiveness can work together with the emphasis on reforming the criminal.

Many Christians have campaigned and still work to improve conditions in prisons. They also support other forms of punishment such as tagging. The Quakers in particular support other alternatives to prison.

Many Christians oppose the death penalty as this does not allow reform and denies sanctity of life. The Roman Catholic Church would only support Capital Punishment if there was no other way of protecting society.

Sikh ViewsSikhs believe the law should protect the weaker members of society from criminals. They believe they should obey the laws of the land unless these conflict with Sikh principles.

Sikh teaching does not encourage retribution and retaliation, but stresses the importance of trying to be like God who is without hatred (nirvair)

They accept the need to send some criminals to prison in order to protect society. Sikhs are encouraged to forgive and support people returning to society after serving their time.

Most Sikhs oppose capital punishment as this is like killing in cold blood. However some Sikhs are not totally opposed to the death penalty as the threat may provide a deterrent to protect society.