CrimeCrime& &

PunishmentPunishment

The Aims of PunishmentThe Aims of Punishment

RetributionRetribution

The Theory of RetributionThe Theory of Retribution

Retribution means attempting to return to a Retribution means attempting to return to a situation of harmony.situation of harmony.

In terms of punishment this means the In terms of punishment this means the harm or damage inflicted by the harm or damage inflicted by the punishment should be equal to that inflicted punishment should be equal to that inflicted by the crime.by the crime.

There are two parts to retributionThere are two parts to retribution Revenge – getting your own back on someone Revenge – getting your own back on someone

who has done something wrong to youwho has done something wrong to you Restoration – Making amends for what we have Restoration – Making amends for what we have

done. Restoring the situation to its previous done. Restoring the situation to its previous situation of balancesituation of balance

Benefits of RetributionBenefits of Retribution

Some people see revenge as a good motive Some people see revenge as a good motive because it shows we understand the because it shows we understand the severity of the crime and we are making severity of the crime and we are making sure that the criminal can derive no benefit sure that the criminal can derive no benefit from their crimefrom their crime

It shows criminal that there are dire It shows criminal that there are dire consequences of such law breaking and that consequences of such law breaking and that as a society we take crime seriously.as a society we take crime seriously.

Revenge can also make victims feel better Revenge can also make victims feel better because they see the criminal feel some of because they see the criminal feel some of the suffering they felt and can see justice the suffering they felt and can see justice being done on their behalf.being done on their behalf.

Other Benefits of RetributionOther Benefits of Retribution

Restorative retribution makes the criminal Restorative retribution makes the criminal pay something back to society for the pay something back to society for the damage they have caused.damage they have caused.

This might take the form of Community This might take the form of Community Service Orders which force the criminal to Service Orders which force the criminal to work to improve the community in some work to improve the community in some way to make amends for what they have way to make amends for what they have done.done.

HOWEVER this only works for some HOWEVER this only works for some crimes.crimes.

Drawbacks of RetributionDrawbacks of Retribution

If we start out with revenge as an aim If we start out with revenge as an aim where will it end. Those we take revenge where will it end. Those we take revenge on will want revenge and so on until there on will want revenge and so on until there is a cycle of violence we cannot stop.is a cycle of violence we cannot stop.

If society takes revenge against its people If society takes revenge against its people then this invites the people to take then this invites the people to take revenge against societyrevenge against society

It also means that those not involved in It also means that those not involved in the initial wrongdoing will be affected and the initial wrongdoing will be affected and damaged by the cycle of revenge which is damaged by the cycle of revenge which is wrong.wrong.

More Drawbacks of RetributionMore Drawbacks of Retribution

Is revenge the right response to society’s Is revenge the right response to society’s problemsproblems

Getting back at people by doing to them Getting back at people by doing to them what they did to others seems to make the what they did to others seems to make the action seem ok since the state is doing it to action seem ok since the state is doing it to them and the state should not do things them and the state should not do things which are wrong.which are wrong.

If anything it may be worse when it is done If anything it may be worse when it is done as a punishment because we have decided as a punishment because we have decided coldly and rationally to do it while the coldly and rationally to do it while the criminal may have committed the crime on criminal may have committed the crime on the spur of the moment.the spur of the moment.

Moral Implications of RetributionMoral Implications of Retribution

Would we really feel satisfied at beating up Would we really feel satisfied at beating up someone who beat us up or are we just as someone who beat us up or are we just as bad as the bully?bad as the bully?

If revenge gets out of hand will the first If revenge gets out of hand will the first victim really feel any joy at watching this victim really feel any joy at watching this cycle of revenge hurt more and more cycle of revenge hurt more and more people, many of them innocent like them?people, many of them innocent like them?

How can we make restorative retribution How can we make restorative retribution work ? Do we have to create a table of how work ? Do we have to create a table of how severe each crimes retribution would be? severe each crimes retribution would be? Are all types of one crime equally bad? Can Are all types of one crime equally bad? Can we judge all murders the same regardless we judge all murders the same regardless of the circumstances?of the circumstances?

Religious Views of RetributionReligious Views of Retribution

The Old Testament famously announces The Old Testament famously announces that we should seek an “eye for an eye and that we should seek an “eye for an eye and a tooth for a tooth” in matters of justice.a tooth for a tooth” in matters of justice.

This would seem to endorse revenge as a This would seem to endorse revenge as a punishmentpunishment

However this was seen to be a way of However this was seen to be a way of stabilising a fractured society who had no stabilising a fractured society who had no cohesion and were still emerging as a cohesion and were still emerging as a nation state under difficult circumstances. nation state under difficult circumstances.

When we look at the Old Testament we find When we look at the Old Testament we find many punishments which today we would many punishments which today we would find strange such as those on the next find strange such as those on the next page.page.

Strange Bible lawsStrange Bible lawsThe Old Testament says an eye for an eye but it also says:-The Old Testament says an eye for an eye but it also says:- Don't let cattle graze with other kinds of Cattle Don't let cattle graze with other kinds of Cattle Don't have a variety of crops on the same field. Don't have a variety of crops on the same field. Don't wear clothes made of more than one fabric)Don't wear clothes made of more than one fabric) Don't cut your hair nor shave. Don't cut your hair nor shave. Any person who curseth his mother or father, must be Any person who curseth his mother or father, must be

killed. killed. If a man cheats on his wife, or vice versa, both the man and If a man cheats on his wife, or vice versa, both the man and

the woman must die.   the woman must die.   Psychics, wizards, and so on are to be stoned to death.  Psychics, wizards, and so on are to be stoned to death.  People who have flat noses, or is blind or lame, cannot go to People who have flat noses, or is blind or lame, cannot go to

an altar of Godan altar of God Anyone who curses or blasphemes God, should be stoned to Anyone who curses or blasphemes God, should be stoned to

death by the community.  death by the community.  Don't let cattle graze with other kinds of Cattle Don't let cattle graze with other kinds of Cattle And these are just the ones that are acceptable to use here!And these are just the ones that are acceptable to use here!Should we apply these laws as well as the eye for an eye idea?Should we apply these laws as well as the eye for an eye idea?

An Eye for an EyeAn Eye for an Eye The earliest retribution principle, the The earliest retribution principle, the lex talionislex talionis (literally, "law (literally, "law

of the same kind"), is found in the Old Testament formula of of the same kind"), is found in the Old Testament formula of an "eye for eye, tooth for tooth, hand for hand, foot for foot" an "eye for eye, tooth for tooth, hand for hand, foot for foot"

((Deut.Deut. 19:21; see also 19:21; see also Exod.Exod. 21:24, 21:24, Lev.Lev. 24:23). 24:23).

The principle of the The principle of the talionistalionis has often been compared to has often been compared to vengeance, and indeed the emotional satisfaction of the vengeance, and indeed the emotional satisfaction of the victim plays a large part in the theory of retribution, especially victim plays a large part in the theory of retribution, especially in the symbolic idea of making the punishment fit the crime. in the symbolic idea of making the punishment fit the crime.

Hebrew Law had death penalties for many crimes, the “eye Hebrew Law had death penalties for many crimes, the “eye for eye” was to restrict compensation to the value of the loss. for eye” was to restrict compensation to the value of the loss. Thus, it might be better read 'only one eye for one eye'. Thus, it might be better read 'only one eye for one eye'.

The Christian response to The Christian response to Lex TalionisLex Talionis

Jesus responded to the idea of “an eye for Jesus responded to the idea of “an eye for an eye” by saying:an eye” by saying:““You have heard that it was said, "An eye You have heard that it was said, "An eye for an eye and a tooth for a tooth". But I for an eye and a tooth for a tooth". But I say to you, do not resist an evildoer. If say to you, do not resist an evildoer. If anyone strikes you on the right cheek, turn anyone strikes you on the right cheek, turn to him the other also. (to him the other also. (Matthew 5:38–39))

In this example Jesus is clearly teaching In this example Jesus is clearly teaching that we should not seek revenge, we that we should not seek revenge, we should not make things worse by engaging should not make things worse by engaging in the cycle of violencein the cycle of violence

In another place Jesus says “But I tell you who In another place Jesus says “But I tell you who hear me: Love your enemies, do good to those hear me: Love your enemies, do good to those who hate you, bless those who curse you, pray who hate you, bless those who curse you, pray for those who mistreat you. If someone strikes for those who mistreat you. If someone strikes you on one cheek, turn to him the other also. you on one cheek, turn to him the other also. If someone takes your cloak, do not stop him If someone takes your cloak, do not stop him from taking your tunic. Give to everyone who from taking your tunic. Give to everyone who asks you, and if anyone takes what belongs to asks you, and if anyone takes what belongs to you, do not demand it back. Do to others as you, do not demand it back. Do to others as you would have them do to you. (you would have them do to you. (Luke 6:27- 6:27-31.)31.)

This is not only a call to avoid revenge but to This is not only a call to avoid revenge but to forgive our enemies and help those in need forgive our enemies and help those in need around us.around us.

More ideas about an eye for an eyeMore ideas about an eye for an eye

In the same passage of the Old Testament which In the same passage of the Old Testament which we find some of the laws we looked at earlier we we find some of the laws we looked at earlier we also find another call to avoid revenge; "You will not also find another call to avoid revenge; "You will not exact vengeance on, or bear any sort of grudge exact vengeance on, or bear any sort of grudge against, the members of your people, but will love against, the members of your people, but will love your fellow as yourself." (Leviticus 19:18)your fellow as yourself." (Leviticus 19:18)

This perhaps suggests that the Old Testament This perhaps suggests that the Old Testament punishments are not to be taken literally but rather punishments are not to be taken literally but rather they should be used as a way to judge how they should be used as a way to judge how unacceptable certain crimes are and how God unacceptable certain crimes are and how God views such offences.views such offences.

We therefore cannot use these points as a rigid law We therefore cannot use these points as a rigid law to support a punishment being equal to a crimeto support a punishment being equal to a crime

Christians and RetributionChristians and Retribution Christians believe that retribution will be faced when Christians believe that retribution will be faced when

they die and their actions will either result in them they die and their actions will either result in them going to heaven or hell.going to heaven or hell.

Hell is not a short term sentence but is for all eternity Hell is not a short term sentence but is for all eternity without chance of parole but admittedly this is only without chance of parole but admittedly this is only for those who do not seek forgiveness for their sins.for those who do not seek forgiveness for their sins.

This is why Christians believe you should meet hate This is why Christians believe you should meet hate with love in order to turn a negative destructive with love in order to turn a negative destructive reaction into a positive creative one.reaction into a positive creative one.

Martin Luther King spoke out against revenge by Martin Luther King spoke out against revenge by stating “Darkness cannot drive out darkness; only stating “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only light can do that. Hate cannot drive out hate; only love can do that.”love can do that.”

Buddhists and RetributionBuddhists and Retribution Buddhists would certainly be against the idea of Buddhists would certainly be against the idea of

revenge, they believe that people should live in a way revenge, they believe that people should live in a way which does no harm to anyone else, regardless of the which does no harm to anyone else, regardless of the situation.situation.

Buddhists however believe in rebirth which means that Buddhists however believe in rebirth which means that after you die you are reborn as someone or something after you die you are reborn as someone or something else.else.

They believe that our good and bad actions in this life They believe that our good and bad actions in this life will decide if we have a better or worse life next time will decide if we have a better or worse life next time around.around.

This is the law of kamma and it means that our This is the law of kamma and it means that our actions , good or bad , have long term consequences actions , good or bad , have long term consequences even beyond this life.even beyond this life.

They don’t believe in heaven or hell but that you They don’t believe in heaven or hell but that you constantly shape the next version of you based on the constantly shape the next version of you based on the actions of this life. actions of this life.

A Secular view of RetributionA Secular view of Retribution Humanists believe that the best form of Humanists believe that the best form of

punishment is one which will make it less punishment is one which will make it less likely that the crime will happen again.likely that the crime will happen again.

However they believe that every person and However they believe that every person and every situation is different so we cannot use every situation is different so we cannot use rigid punishments to punish everyone who rigid punishments to punish everyone who commits the same crime. They believe we commits the same crime. They believe we have to take circumstances into account. have to take circumstances into account.

They would also worry that revenge could be They would also worry that revenge could be carried out on the wrong person if mistakes were carried out on the wrong person if mistakes were made as they have been in the past when made as they have been in the past when innocent people were imprisoned or hung for innocent people were imprisoned or hung for crimes committed by others. This would only crimes committed by others. This would only make the situation worse as now there was make the situation worse as now there was another person to feel they had a right to revengeanother person to feel they had a right to revenge

However they would be able to see the benefits However they would be able to see the benefits of a restorative form of retribution which makes of a restorative form of retribution which makes amends for the specific crime committed by the amends for the specific crime committed by the person and allows for something positive to come person and allows for something positive to come from it.from it.

Scottish forms of RetributionScottish forms of Retribution When a person is fined the money is retribution When a person is fined the money is retribution

for their crimes, a fee has been set which has to for their crimes, a fee has been set which has to be paid to make amends for what they have be paid to make amends for what they have done.done.

Community Service is retribution where we give Community Service is retribution where we give something back to the community to make up for something back to the community to make up for what we have done.what we have done.

Finally prison takes away your freedom. The Finally prison takes away your freedom. The worse your offence the more time is needed to be worse your offence the more time is needed to be spent in prison to balance up the wrong you have spent in prison to balance up the wrong you have done. In some extreme cases you may need to done. In some extreme cases you may need to spend the rest of your life in prison to make up spend the rest of your life in prison to make up for a terrible crime such as murder or terrorism. for a terrible crime such as murder or terrorism.