ST MARTIN'S P.R.E.

Theme E
Crime and Punishment

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Exam Board Checklist

Students must be able to explain contrasting beliefs on the following three issues with reference to the main religious tradition in Britain (Christianity) and one or more other religious traditions:
  • Corporal punishment.
  • Death penalty.
  • Forgiveness.
  • Religion, crime and the causes of crime
  • Good and evil intentions and actions, including whether it can ever be good to cause suffering.
  • Reasons for crime, including:
    • poverty and upbringing, mental illness and addiction
    • greed and hate
    • opposition to an unjust law.
  • Views about people who break the law for these reasons.
  • Views about different types of crime, including hate crimes, theft and murder.
  • The aims of punishment, including: retribution, deterrence, reformation.
  • The treatment of criminals, including: prison, corporal punishment, community service, forgiveness.
  • Ethical arguments related to the death penalty, including those based on the principle of utility and sanctity of life.

Religious views on law and order

CHRISTIANITY
Vindication and protection are important aims of punishment however reformation is the most important. Jesus taught forgiveness of all people and punishments should reflect this allowing criminals a second chance. The Bible states "If your brother sins, rebuke him, and if he repents, forgive him"
The Bible is split in to two sections: The Old and the New Testament. The Old Testament contains the 10 Commandments a set of absolute moral laws, given to Moses to help him structure a new society. In the New Testament Jesus reviewed the law of Moses and stated that we should turn the other cheek and wanted us to focus on love and forgiveness. Jesus taught us to forgive "70x7". St Paul taught that it is right to obey the government and uphold the law

ISLAM
Muslims believe that deterrence is the most important aims of punishment. The Qur'an states "punishment by way of example"
In an Islamic Society (such as Saudi Arabia) public punishments are common, with criminals being beaten in public is a means by which they achieve these aims. Shariah Law allows corporal punishment for some crimes "As to the thief... cut of his or her hands". Shariah Law also says that adultery (cheating on your partner) and gambling are crimes. After a criminal has been punished they should be welcomed back in to the Ummah (community).

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Aims of Punishment

Protection - keeping the public safe, to prevent them from harm. This could involve sending someone to prison or tagging them to monitor their movement. This would be used for dangerous criminals such as murders, rapists, drug dealers, terrorists

Retribution - equal punishment for the crime, getting your own back, almost like revenge. This is best summed up by the quote 'an eye for an eye'. If you murder, you should be executed

Deterrence - to put people off committing crimes. Punishments should be harsh e.g. prison should be a horrible experience so that criminals do not want to go back. Some societies have public executions or corporeal punishment to act as a warning to others

Reformation - To change someones behaviour for the better. Possible through community service order, therapy e.g. anger management or drug treatment, offering education and training in prisons

Vindication - Offenders must be punished to show that the law must be respected. This is to ensure that there is order in society e.g. fines for parking or speeding

Reparation - designed to help the offender put something back into society. Someone who breaks the law must make amends and compensate their victim or society e.g. through community service.

Types and Causes of Crime

​CAUSES OF CRIME 
SOCIAL, ENVIRONMENTAL, PSYCHOLOGICAL
Peer pressure, greed, to fund an addiction to drugs, poor upbringing, need to money due to unemployment, gang culture, living in a deprived area, mental illness

TYPES OF CRIME
AGAINST A PERSON - crime directed against an individual or group e.g. murder, assault 
AGAINST PROPERTY - taking/damaging someone's belongings e.g. burglary, theft, criminal damage (vandalism)
AGAINST THE STATE - undermines the authority of the government e.g. terrorism, tax evasion, speeding

RELIGIOUS OFFENCES
A religious offence is an offence against religion. They may or may not be classified as crime. Religions have their own sets of laws and rules and breaking them would be seen by members of that faith as a religious offence or sin (breaking of a religious or moral law) e.g. for Christians and Jews, the 10th Commandment says ‘You shall not covet (desire) your neighbour’s house/wife/servant/ox or donkey or anything else that belongs to your neighbour’. This is not a criminal offence, although believers would regard it as a sin. However, this breaks the 8th Commandment (‘You shall not steal’) and also the state law. Another religious offence is blasphemy (illegal in some countries e.g. Pakistan, Italy and Ireland). Blasphemy includes insulting God or sacred things and the making of images of God.

Prisons

For
Loss of freedom
Offers protection for society
Focus on reformation – education, training and therapy for drugs etc.
Could get access to chaplains to help them change for the better
Against
​Cost (£30,000 a year per prisoner)
Hostile and overcrowded
Viewed as colleges of crime as criminals make links with other criminals
Reoffending rates suggest it does not work

Corporal Punishment

Physical punishment is punishment intended to cause physical pain on a person.
In Shariah Law it is allowed for stealing as the Qur'an states: “As to the thief… cut off his or her hands: a punishment by way of example”. Those in favour of corporal punishment argue that it is a cheap way of punishing effectively and it can deter others as it is carried out publicly. Others who disagree with corporal punishment claim that it would create a society in which violence is not only accepted by encouraged as it is a punishment focused on getting revenge. Some argue that it destroys one of the basic human rights of integrity of the body and it desensitises the person carrying out the punishment and encourages a lack of compassion. A Christian may argue that it does not focus on reformation/helping the criminal to change and become a functioning member of society and therefore  does not reflect the Christian teaching of love and compassion.

Community Service

Often called community pay back. A punishment given if criminal is convicted of a crime but are not sent to prison. This is unpaid work in the local community. This punishment would be given for less serious crimes such as danging property or drink driving. It is seen as more positive than prison, allowing a person to carry on working and do their community service in the evenings. Usually high-visibility yellow vests are worn and punishment time can be between 40-300 hours. Organised properly, this type of punishment aims to reform. Community can also benefit with damage being repaired. Prison can mean mixing with individuals far worse than them and therefore can have a negative influence. Some people view this type of punishment as too easy or 'soft'.  

Forgiving Criminals

ISLAM
Whilst forgiveness is a quality of Allah, it is conditional. A human must be sorry, recognise the wrong, commit to not repeat it, and seek forgiveness. Without these conditions, forgiveness cannot be given.
Humans can not forgive sins.

CHRISTIANITY
In order for us to be forgiven we first have to repent and be sorry for our sins and wrong doing.

We cannot be forgiven unless we recognise our need to be forgiven. 


Death Penalty

Arguments for
  • It protects us as the criminal is no longer alive and cannot hurt us.
  • It is deterrence and puts criminals off crime.
  • Shows that a society takes crime seriously and horrific acts will not be tolerated. Often provides a sense of justice.
  • It allows retribution – victims’ families can get their own back.
  • Some Christians agree with it as the Bible says ‘an eye for an eye’, which suggests you can take a life for a life.
  • Islam (Shari’ah law) allows the death penalty for murder (and, in some countries, converting to other religions. This is called apostasy). The Qur’an also uses the phrase ‘an eye for an eye’.
  • Pope John Paul II approved of it if absolutely necessary to defend society.
Arguments against
  • Reformation and reconciliation are what is important for Christians. The death penalty does not allow for this.
  • Jesus rejected the old law of ‘an eye for an eye’ and said that we should ‘turn the other cheek’
  • No legal system is perfect. The person might be found to be innocent later on.
  • Two wrongs do not make a right. The death penalty makes us as bad as the killer.
  • In the USA capital punishment does not reduce crime rates.
  • It is inhumane. No form of capital punishment can be 100% painless.
  • Some Christians say that the Ten Commandments say you cannot kill – “Thou shall not kill”.
  • Christians believe you should “love thy neighbour”.
  • Jesus forgave His executioners. Christians should forgive. Perhaps reformation, repentance and guilt should be encouraged.
  • Islam allows the murdered victim’s family to ask for ‘blood money’ (compensation) instead of killing the criminal.
  • Everyone has the human right to life, even those that commit crime
RELIGIOUS VIEWS 
​
CHRISTIANITY.... It's in the Bible! "Whoever sheds the blood of man, by man shall his blood be shed" Genesis 9:6. In the Old Testament it specifies 36 capital offences including crimes such as idolatry, magic and blasphemy, as well as murder that should be punished by the death penalty. The New Testament however does focus on forgiveness and therefore this suggests the death penalty is unacceptable. However in Matthew 7:2 we read "Whatever measure you deal out to others will be dealt back to you" and for hundreds of years Christianity has supported the use of the death penalty.

There are lots of Christian arguments against the death penalty including:
  • Only God decided who should die and when
  • All human life is sacred and must be protected. Even the life of a criminal.
  • Jesus taught us to love and show compassion. We must encourage repentance and reformation not put criminals to death.
ISLAM....
Islam on the whole accepts capital punishment as the Qur'an states "Take not life, which God has made sacred, except by way of justice". Methods of execution in Islamic countries vary and can include beheading, firing squad, hanging and stoning. In some countries public executions are carried out to heighten the element of deterrence. Islamic countries that practise a very strict Shariah law are associated with the use of capital punishment as retribution for a variety of crimes including adultery, apostasy and murder. But even though the death penalty is allowed, forgiveness is preferable. Forgiveness, together with peace, is a predominant Qur'anic theme. This is why in Islam they have the concept of Blood Money, a form of compensation that the victims family can choose over the death penalty. 
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  • Home
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