SECTION 2 JUDAISM- TOPIC 2.2.7 TREATMENT OF CRIMINALS Flashcards
Human rights
-freedom from torture and degraded treatment
-the right to liberty
-the right to a fair trial +LEGAL REPRESENTATION
-the right not to be punished for something that was not a crime when you did it
-freedom of thought
-freedom of expression
-the right to participate in free elections
Jewish attitudes to the treatment of criminals
The Talmud teaches that the aim of punishment is
‘the return of the wicked to the ways of righteousness’
+Talmud is concerned that overly harsh punishment could drive an individual out of the community and into a lifetime of bad behaviour
+punishment should be aimed at achieving restorative justice where the victim’s needs are met and the offender is reintegrated into society.
Judaism and fair trial and trial by jury
-teaches that all accused people are entitled to a fair trial
-A jury consisting of twelve ordinary members of the public decides whether the accused is guilty
-A judge makes sure that everything is done fairly and legally and decides on what punishment should be given if the accused is found guilty
-a criminal offence has the right to be represented by a lawyer and if they cannot afford one, one will be provided by the public defender’s office.
Judaism and human rights
“Human rights are an integral part of the faith and tradition of Judaism.”
Judaism and the use of torture
+SOWAA
opposed to the use of torture
-agree with the United Nations Declaration of Human Rights
-Tenakh says that God opposes hurting the afflicted
“defend the cause of the fatherless.”
-The Torah says that people were made in the image of God, so people should not be tortured:
“in the image of God… God created them”
Humanist and atheist attitudes to the treatment of
criminals
-Criminals should have a fair trial
-should be allowed legal help to defend themselves
-should be treated humanely while in custody
-Any punishment should be proportionate to the crime
-Criminals should never be subjected to torture
