9781422279977

1.  Retribution : the concept that crime creates an imbalance in the world that must be restored by treating the criminal in the same manner he treated the victim. This is summed up in the expression “An eye for an eye, a tooth for a tooth” (Exodus 21:24). 2.  Deterrence : the belief that punishing criminals stops potential criminals from committing similar crimes. Old Testament law says that if people witness a public stoning, “all Israel shall hear and fear and never again do any such wickedness as this” (Deuteronomy 13:11). 3.  Rehabilitation : a concept added by Jesus in the New Testament that sets a goal of changing the offender’s character so he will not commit crimes again. In John 8, Jesus argues against the death penalty for a woman caught in adultery, and then tells her, “Go and sin no more.” Like theBabylonians, the people of ancient Israel used a variety of legal punish- ments. Crimes includingmurder, rape, treason, blasphemy, and telling lies inGod’s name were punished by death. The most common formof capital punishment was stoning. The entire tribe sentenced a criminal, and they all participated in his or her execution, thus reinforcing the idea that eachpersonhad a stake in community justice. Another form of punishment was banishment. According to the book of Genesis, God directly punished the first murderer, Cain, by banishing him rather than taking his life. Crimes against property required compensation—a thief had to return stolen goods and pay the owner somethingworthmore thanwhat he stole. The Kenbet In the ancient Egyptian legal system, accused criminals or the two sides of a dispute argued their cases in front of a kenbet : a council of elders, high-ranking priests, and government officials from different regions of the empire. A number of kenbets would hear minor crimes and property disputes. The Great Kenbet, presided over by the pharaoh, the supreme ruler of Egypt, took on more serious offenses, including murder, tomb robbery, and working out major land deals. Much like in to- day’s American legal system, each side swore an oath that they would tell the truth. Unlike today, there were no lawyers: parties represented themselves. Essential Goals of Biblical Law The Bible illustrates three goals for punishment that still are part of modern ideas of justice. For centuries, various societies have based arguments for different forms of punishment or incarceration on these principles.

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the prison System