Crime and Punishment Flashcards
What is civil disobedience?
The active refusal to obey certain laws, demands and commands of a government
It’s right to break the law:
> for self-defence it could cause someone to suffer
if they morally disagree with it eg. women not being able to drive cars but if she did it is likely they are a morally sound person anyway
denying people their rights eg Jim Crow laws, aparthide
It’s not right to break the law:
> if you break one, you could break more laws leading to chaos
What is the harm principle and who made it?
John.S.Mill laws are fine but when they start causing harm then it causes a problem
>eg. we should have freedom of speech but as soon it is hate speech then there should be laws against it
Where are some examples in the bible of resistance to the state and civil disobedience?
> Exodus 1:15-22 Hebrew midwives refused to carry out the order to kill all newborn Hebrew males
What is the act of omission?
> Bonhoeffer a famoud German theologian knew all about resistance to tyranny because he tried to assassinate Hitler
act of omission means not saying anything is also a crime so in this case it is better to break the laws
Crime
An act or omission which is an offence and punishable by law
Criminal
One who commits an offence punishable by law
Civil law
Concerns disputes between private individuals or groups
Examples of crimes against the person
Causing direct harm eg assault, murder, hate crimes etc
What is a hate crime?
A crime motivated by prejudice on the basis of race, religion or sexual orientation
Examples of crimes against property
Burglary, theft, trespassing etc
Examples of crimes agaisnt the state
Terrorism, selling state secrets, organised crime(eg transporting drugs)
Why do people commit crime?
greed, hate, poverty, upbringing, mental illness, addiction, greed, opposition to unjust law(denying basic human rights)
What is consequentialism?
The rights or wrongs of an action are decided by the consequences that it produces
What is deontology?
Actions are right or wrong in themselves. In other words they are ‘intrinsically’ wrong regardless of the consequences
Examples of capital punishment
Death penalty eg in USA, Iran,China
Examples of corporal punishment
Physical punishment eg flogging/caning
Examples of community service
Not physical harming the criminal-it’s custodial and they live in community not prison eg litter picking
Advantages of going to prison
They might learn their lesson
Protect the community
Possibility for reforming people
Disadvantages of going to prison
Doesn’t deter people
When people come out, it’s hard to reintegrate into society
Overcrowding-not safe conditions
Very expensive
What are the 6 aims of punishment?
Deterrance(put people off committing crimes) vindication(make sure law is respected) protection(protect society from the criminal), reformation(make them a better person) retribution(make them pay for their crimes) reparation(compensate the victim of the crime)
What does Christianity say about how criminals should be treated?
Justly-Christians should reform sinners and not be judgemental, some would consider protection and deterrence as important aims of punishment(for safety in society)
How does the New and Old Testament differ with the aims of punishment?
Old-retribution because it reflects the crime they committed but this punishment is limited
Define capital punishment
The legally authorised killing of someone as punsihment for a crime(usually murder)
What are some non-religious arguments in favour of capital punishment?
Murderers are a great threat to society and they can’t kill again if they’re executed, families need justice and retribution, it’s a deterrent, it costs more to keep them in prison for a life sentence than it would to execute them
Christian example of forgiveness
Stephen Lawrence’s family forgave the murderers
Non-religious arguments againt capital punishment
Sometimes there are false imprisonment, execution is a violation of the right to life, it’s cruel and inhuman and degrading, it doesn’t deter crime stats show that countries who don’t use death penalty have a lower murder rate, murderers don’t expect to get caught so don’t think about the punishment, they have no chance to change their life or contribute positively to society
What are Islams views on capital punishment?
Ultimately one’s eternal punishment is in God’s hands but there’s place of punishment in this life too
Define forgiveness
Forgiveness is a change in feelings and attitude to a person from negative to positive
Define mercy
Forgiveness shown towards someone whom it is within one’s power to punish or harm
Define reconciliation
When 2 people or a group of people who have disagreed or fought with each other make up
Define repentance
It is a commitment to personal change in life and regret for past ways
A parable from the bible about forgiveness
The parable of the unforgiving servant
Define the principle of utility
an action is right if it promotes maximum happiness
Which religion permits corporal punishment?
Shari’ah law-intended as a deterrent
