Section 8.4 Crime and Punishment Flashcards
Why does society need laws?
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- P: Laws mean everyone behaves in a predictable manner
E: In the UK, everyone drives on the left hand side of the road
E: If everyone did what they wanted it would cause chaos so laws enable society to function - P: Laws protect the weaker members of society
E: Easy to take advantage of the elderly, young and sick
E: Laws prevent this from happening - P: Laws mean everyone knows what is right and wrong
E: Everyone in the UK knows it is wrong to murder/steal
E: This provides moral authority for every citizen, regardless of ethnicity or religion - P: Laws ensure that people know they will be punished if they commit a crime
E: A person who steals repeatedly will get a prison sentence
E: This acts as a deterrence, so people commit less crimes, therefore making society better
Why does society need justice?
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- P: It means the punishments given are proportional to the crime
E: A person stealing food would not get a life sentence
E: This means that people who do minor misdemeanour’s do not have their life taken away - P: It ensures people are treated fairly
E: 20% of the UK is non white-British
E: As racism does still exist, justice enables that ethnic minorities are not taken advantage of - P: Justice is seen by everyone
E: People can see that if they steal, they are likely to go to prison
E: This acts as a deterrence to doing something wrong - P: The justice system guarantees human rights
E: Such as “right to a fair trial”
E: Human rights are a critical part of keeping society together and so we need justice to enforce them
Theories of Punishment FOR
- Retribution
- Punishing a person in order to make them pay for what they have done
- “an eye for an eye”, supported by the Bible
- brings justice to the victim - Reform
- A method of punishment that aims to stop a criminal re-offending
- Typically a programme of education or training in prison for alcohol/drug offenders
- Gives criminals another chance
- Makes them less likely to commit another crime if they have skills - Deterrence
- Having a sufficiently harsh punishment to discourage others from breaking the law
- Indonesia has death penalty for drugs trafficking
- Prevents crimes from happening in the first place - Protection
- Punishing a criminal in order to protect society
- Locking them in prison or taking their life
- Society is protected and this limits the amount of possible victims
Theories of Punishment AGAINST
- Retribution
Does not work in a scenario where the victim asked for help in breaking the law, such as voluntary euthanasia - Reform
- it is costly
- Does not work for everyone
- Society will usually not accept criminals in employment - Deterrence
- very strict
- does not prevent ‘crimes of passion’ - Protection
some crimes are worse than others (murder is far worse than drink driving) so arguably not fair to punish both crimes in the same way
Why is justice important for Christians?
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- P: God is “just”
E: “For the LORD is a God of justice”
E: He will judge everyone on the Day of Judgement - therefore justice is important - P: The Bible says people should be just
E: “Blessed are they who observe justice, who do righteousness at all times!”
E: Bible is the literal word of God, therefore Christians must be just - P: Jesus’ Teachings
E: “do not take revenge on someone who wrongs you”
E: Jesus often interlinked justice with peace and forgiveness and as he is a source of moral authority, justice will be important for Christians - P: Christian churches put emphasis on the need for Christians to work for justice in the world
E: “whatever of just…is…worthy of praise” - Catechism
E: Churches have a large moral authority for Christians, so therefore justice will be important
Why is justice important for Muslims?
- P: Allah is just
E: Those who are unjust “shall be sternly punished” on Judgement Day
E: Muslims do not want to be punished and so justice will be important - P: Qur’an’s teachings
E: “Believers, conduct yourselves with justice and bear true witness before God”
E: Qur’an is a moral authority for Muslims, and so as it emphasises justice, it will be important to them - P: The third pillar of Islam, Zakah
E: Muslims should share out 2.5% of their surplus income to people less fortunate than themselves
E: The pillars are what the Islamic faith is based on - this simple show of justice shows how important it is to Muslims - P: Shari’ah law, the Islam legal system
E: All Muslims follow this and all are treated equally by the courts. All thieves will have their hands chopped off regardless of status etc.
E: Shari’ah law is a critical part of Islam and as it revolves around justice, it is clearly important
What is capital punishment?
Capital punishment is punishment which takes away the criminal’s life.
- 1000s killed in China in 2009
- 607 deaths worldwide in 2014
- USA 5th largest killer in 2014
- Iran and Saudi Arabia had public executions
- 28% rise since 2013
- 117 countries voted at the UN to abolish the death penalty
- In 1977, only 16 countries had abolished, now 170
Capital Punishment: FOR
- P: Society can be free of its most dangerous people
E: Death penalty reserved for those who commit the worst crimes, like serial murder
E: Society will never be safe from these people so it is best to kill them - P: The death penalty acts as a deterrent
E: It is safe to say most people do not want to die by the electric chair or lethal injection
E: This prevents further crimes and victims - P: Execution is the ultimate retribution and compensation for killing others
E: “An eye for an eye”, if you murder you should be murdered too
E: This makes sense - P: Executions helps bring satisfaction and closure to victims families
E: “The verdict, undoubtedly a difficult decision for the jury, gives me relief and closure as well as the ability to keep moving forward,” - victim of the Boston Marathon bomb
E: As the victim has suffered, their needs are of the utmost importance
Capital Punishment: AGAINST
- P: Humans have the right to life
E: This is included in the UN declaration of human rights, as well as the right not to be tortured or to suffer
E: Capital Punishment goes against these rights - P: Statistics show that the death penalty does not act as a deterrence
E: States in America with the death penalty have a 5.9% per 100,000 people murder rate but states without have a 4.1% per 100,000 people murder rate
E: If it does not act as a deterrent, there is no point - P: There have been many cases where innocent people have been wrongfully executed
E: George Stinney Jr was a 14 year old black boy who was executed in 1944 but has now been exonerated
E: Death is final and to send an innocent person to die is a terrible act - P: Retribution is morally flawed and problematic in concept and practice
E: “To take a life when a life has been lost is revenge, it is not justice” - Desmond Tutu
E: We cannot say killing is morally wrong by killing someone
Christianity Death Penalty: FOR
- P: Bible’s Teachings can be seen to support the death penalty
E: “Whoever murders… [a human being] will be killed by someone else”
E: Bible is seen by some Christians as the literal word of God, and so God is encouraging the death penalty - P: St. Paul’s teachings
E: “Everyone must obey the state authorities”
E: If the death penalty is part of a country’s legal code, then Christians must obey - P: Christian Churches have previously endorsed the death penalty
E: Anyone who tried to assassinate the Pope in 1929-1969 could face the death penalty under Vatican City law
E: Therefore some may think it is a necessary part of society - P: Saint Thomas Aquinas’ teachings
E: “If a man be dangerous and infectious to the community … it is praiseworthy and advantageous that he be killed”
E: Thomas Aquinas has moral authority as he is a saint, so the death penalty is okay
Christianity Death Penalty: AGAINST
- P: Sanctity of Life
E: “So God made them in his own image”
E: Human life is sacred and belongs to God, therefore taking it away is an act against God - P: Jesus’ Teachings
E: “If someone strikes you on the right cheek, turn to him the other also”
E: Jesus said to forgive rather than seek revenge and capital punishment goes against this - P: Ten Commandments
E: “Thou shall not commit murder”
E: No matter what the criminal has done, killing them is still morally wrong - P: Pope Francis has spoken out against the death penalty
E: “I appeal to the consciences of those who govern to reach an global consensus to abolish the death penalty”
E: Pope Francis has divine authority and so Christians should not support the death penalty
Islam Capital Punishment: FOR
- P: Qur’an’s Teachings
E: It allows the death penalty if there is “just cause”, such as murder or apostasy
E: Qur’an comes directly from Allah so the death penalty is allowed in some cases - P: Shari’ah Law
E: Allows death penalty in cases of deliberate murder or threatening to undermine the authority
E: All Muslims should follow Shari’ah Law and as it allows the death penalty, it is therefore okay - P: Muhammad supported the death penalty
E: When he was the ruler of Medina, he sentenced many people to death for committing murder
E: Muhammad has divine authority and therefore the death penalty is acceptable - P: Many Muslims supported the death of Saddam Hussein
E: He was a dictator of Iraq for decades and controlled through force
E: Therefore sometimes capital punishment is okay
Islam Capital Punishment: AGAINST
- P: Shari’ah Law is vague - scholars cannot agree
E: Threatening to undermine authority can be interpreted in many different ways
E: Therefore, as the Shari’ah Law scholars cannot agree on when to apply the death penalty, it should be abolished altogether - P: Capital Punishment is only stated as an option in the Qur’an, such as blood money.
E: Muhammad did not use it for adultery
E: Other options should be considered - P: Strict conditions must be met for the death penalty to be given
E: A fair trial and the victim’s family must agree to the sentence
E: These conditions are often not met and so Muslims should not support capital punishment - P: Shari’ah Law is often applied unfairly
E: Trials not always fair and the poor and women receive the most sentences, as a way to oppress them
E: If capital punishment cannot be applied fairly, it should be abolished altogether
Alcohol Laws
It is against the law:
- For someone under 18 to buy alcohol, attempt to buy alcohol or to be sold alcohol
- For an adult to buy or attempt to buy alcohol on behalf of someone under 18
- For someone under 18 to drink in a licensed premise
In England and Wales, the alcohol limit for drivers is 80 milligrams of alcohol per 100 millilitres of blood.
If you are caught drink driving:
- Banned from driving for at least 12 months
- Fined up to £5000
- Given between 3-11 penalty driving points
- Imprisonment
- Period of disqualification
It is advised to drink no more than 14 units per week, for both men and women
Drug Laws
You may be charged with possessing an illegal substance if you’re caught with drugs, whether they’re yours or not
If you’re under 18, the police can tell your parent, guardian or carer that you’ve been caught with drugs
Your penalty will depend on:
- the class and quantity of the drug
- where you and the drugs were found
- your previous criminal record
- Illegal to drive whilst under the influence of drugs