THEME E - CRIME + PUNISHMET

ATTITUDES TO THE LAW:

• protects rights + citizens, security, prevents chaos/ anarchy, prevents evil, reminds the best way to live is for everyone's welfare BUT some laws considered morally wrong so can be challenged, state laws may contradict religious law (eg: slavery in history, stealing out of need), ppl should do good/please GOD, avoid sin/evil -> actions judged after death

• B: motivation from 3 poisons should be resisted, keep moral precepts -> help obey law, Right Speech, Right Action

• C: against ppl breaking law without good cause, result in abuse of free will but some laws need changing, Golden Rule (Rosa Parks USA 1955) -> doesn't treat victim as equal/ destroying God's creation

• I: SLaw has to be obeyed based on rules of religion, respect them to promote order, sometimes can make mistakes, unjust laws in non-Shari'ah countries may be challenged, condemn all crime, interrputs relationship with Allah, Ms allowed to set up own Shari'ah law courts within communis in some UK cities

TYPES OF CRIME:

- hate crime, theft, murder, war crime, cyber crime, religious crime

- HATE CRIMES (discrimination,prejudice, targeted at a person so serious): all created equal value, no one should be singled out for inferior treatment, religions preach love, hatred is one of 3 poisons, causes suffering, should love thy neighbour, live by principle of ahimsa (non-violence), against the law, Golden Rule

C: condemn hate crimes, murder, God created all equal value, no one singled out, neighbour in "love thy neighbour" means everyone, regardless of race, religon, sexuality, disability, gender, Jesus mixed with all sections of society +  didn't turn anyone away, Bible warns against evil thoughts/intentions

Shari'ah Law categories of crime (based on Qur'an/Hadtih/Sunnah):

- Hadud (unforgiveable): adultery,theft,alcohol,drugs, rebellion against state -> all prohibited in Qur'an

- Al-Jynayaat (forgiveable crime): against right of indiv -> bodily, harm, murder

- Al Ta-azir (community): aggecting communis like fraud, antisocial behaviour

- Al-Mukhalafat (against state law): against law of state instead of Qur'an -> parking offences, speeding

THEFT

B: breaks 2nd moral precept (abstain taking what hasn't been freely given), strengthens habit of greed, disguises selfishness, express delusion happiness is from things you don't have, lacks respect/empathy for others, negative karmic consequences

C: against 10 commandments + Golden Rule, Jesus taught to love thy neighbour, though may be understanding, less serious if out of need than greed but still wrong

I: causes great upset of victim, sympathy to those stealing out of need but should be cared for so no reason to steal or resort to crime

MURDER:

unlawful, deliberate killing, some types worse + suffering varies

B: against first moral precept, traditionally a cause of expulsion from Buddhist monastery, important to act with metta, karuna, wisdom

C: believe in sanctity of life, made in God's image, only God has power to take life, seen as serious  crime

I: life is precious, only God has right to take life but family can forgive + show mercy to murderers

QUOTES FOR TYPES OF CRIME/ CRIME IN GENERAL

"No murderer has eternal life in him" (Bible)

"There is neither Jew nor Gentile, slave nor free, male nor female for you are all one in Christ Jesus"

"if anyone kills a person.... it is as if he kills all mankind" (Qur'an)

"Let everyone be subject to the governing authorities for there is no authority except that which God was established"

REASONS/ CAUSES FOR CRIME/ BREAKING THE LAW:

• POVERTY (desperation 4 food/money illegally), UPBRINING (grown up around crime so normal), MENTAL ILLNESS (maybe don't understand legal vs illegal, kleptomanina is condition that makes ppl steal; anger mange probs), ADDICTION (body can't cope without so resort to stealing/fights), GREED, HATE, opposition to unjust (Rosa Parks 1955 for Civil Rights Mov), jealousy, ignorance

B: motiviation from 3 Poisons (greed, anger, ignorance), ppl free to make own choices but karmic consequences, failure to keep 5th Moral precept (abstain from drug/alcohol) may result inc rime, Buddha in Digha Nikaya p67 says if ppl don't have basic necessities, crime is likely is follow

C:  abuse of free will God gave, Satan cotinually tries to tempt to do bad, original sin from The Fall, selfishness, greed

I: Iblis expelled from heaven, cause A/E break G's law, thrown out Eden  so tempts to do wrong, free will so make mistakes, give into temptations, igrnore SLaw, alcohol/drugs, selfishness/hate/greed

POVERTY:

- can't afford necessities, welfare payment don't always cover

C: believe rarely any justification, God put lawmaking authorities in place, law so ppl can live in peace, ensure no one is poor to use poverty as excuse, have Street Pastors

QUOTES FOR CAUSES OF CRIME

"Be compassionate towards the destitute" (Hadith)

 "Competing for more distracts you until you go into your graves" (Qur'an)

"We must obey God rather than human beings!" (BIBLE)

"Speak up and judge fairly; defend the rights of the poor and needy" (BIBLE)

"We also glory in our suffering, because we know that suffering produces perseverance; perseverance, character; and character, hope" (Paul who suffered at Roman authority hands several times after became Christian)

AIMS OF PUNISHMENT:

- satisfied society, especially to wronged person, severity depends on seriousness

Retribution:

- seen as 'revenge', some think should be as severe as the crime

B: retribution contradicts ethics, believe karma will cause them to suffer anyways, but agree need to protect society with appropriate punishment so can realise suffering cause

C: least positive aim, punishment should be equal to the crime but OldT was early form of retribution (lex talionis -> law of retalisation) so today interpret to mean should have seriousness enough punishment but with diff aims

I: SLaw lays down punishment on behalf of victim/fam/communi, if life taken, vic can opt of mercy/ compassion

Reformation (punishment painful,embarrasing,expensive ->puts off)

B: this aim most encourage, protects society, important to recognised suffering caused + apologise, encourages transformation, reflects the precepts + 8-fold ways, repair their karma, shows metta + karuna

C: should help change their ways, show compassion, Jesus atoned for all sins, gives better future + become responsible citizen, more positive response, done at same time as punishment
I: necessary for offender to seek forgiveness (from God, vic) + be purified, help repent, reform, clean them of sin so protected from further punishement in afterlife

Deterrence

- designed to prevent crime, put off criminals, show that there are consequences

- some believe other aims are more effective, people make mistakes, need to reform, many don't think of punishment when do the crime, can be many omplex reasons why

B: doubt effectiveness, 

C: can appear as a weapon of fear, doesn't express love,

I: can carry out in public (flogging), but also learns from punishment to not reoffend, focus more on deterrence

QUOTES FOR AIMS OF PUNISHMENT

"We should reflect that by the law of kamma, they are in danger of lowly and miserable lives to come and that our duty to them, as to every being, is to help them to rise towards Nirvana, rather than let them sink to lower levels of rebirth" (Tenzin Gyatso = the Dalai Lama) -> reformation

"We should not seek revenge on those who have committed crimes against us, or reply to their crimes with other crimes"  (Dalai Lama, Tenzin Gyatso) -> against retribution

 PofS+G, "Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world. For...I was in prison and you came to visit me" -> inspire to treat prisoners with compassion + think of how to help while punish 

"Whoever sheds human blood, by humans shall their blood be shed" (Genesis)

"Life for life, eye for eye, tooth for tooth" -> support retribution

in 6th cen BC, prophet Ezekiel said, in behalf of God, "I take no pleasure in the death of the wicked, but rather that they turn away from their ways and live" -> reformation

"... if someone is caught in a sin, you who live by the Spirit should restore that person gently" -> reformation important, mercy

Cs who favour reform than retribution take inspiration from Paul in Romans

"Do not take revenge, my dear friends, but leave room for God's wrath, for it is written: 'It is mine to avenge; I will repay', says the Lord. On the contrary: 'If your enemy is hungry, feed him; if he is thristy, give him something to drink [...] Do not be overcome by evil, but overcome evil with good" 

"Cut off the hands of thieves, whether they are man or woman, as punishment for what they have done - a deterrent from God"  (Qur'an)

TYPES OF PUNISHMENT +  ATTITUDES:

Prison

- acts as deterrent, protects osciety from serious criminals, can't continue life of crime, gives time to reflect, may help reform, imposes loss of liberty, no choice to live as ordinary, lock in cell much of day, fed at set time, manual work for little money

C: most agree for serious crimes, strongly support trying to help them while in prison, keen to see education/training facilities too, Prison Fellowship in En/W to help prsioners by praying 4 them/ group activities/ maintaining contact with fams -> restorative justice

I: agree with prision but under SLaw they have less role in reforming and more for when awaiting trail/punishment, imprisonment may be greater penalty than infliction of pain (deprives of freedom for long time, kept away from loved one, can seem less humane), SLaw can say hand of theif/4fings amputated but infrequently used/under strict criteria/evidence/conditions, Muslim Chaplains Association -> offer reli guidance in UK prisons, aims to reform prisoners, prevent offence + reintegrate into society, keep connect to keep getting support

Community Service

 - regarded as soft option, can continue life of crime since not locked up, freedom not taken away, needs to be meaningful + fit the crime, for less serious offences so may be appropriate, gives opp to make amends, give something back to community, embarrased with high-vis vests, may be 40-300hour remove graffiti,clearing wasteland, decorating public spaces/buildings may also inc treatment for medical condi/ drug/alco abuse + counselling sessions/ basic education services, under 18s owrk programme to understand what can/can't do, may require to listen to vic's side of story, apologise writing/face2face, may return to court if not

B: time + space to reflect on actinos, shows karuna + helps reform, chance to recognise suffering, apologise + reform (main aim of this)

C: may correct course of action, helps reform, inspiration from PofS+G, helps prevent reoffence, minor offences

I: isn't a real deterrent, protection of public should come first so prison, rarely used under Slaw, in case of Ta-azir -> punishments not specified in Slaw so sentences could range from jailing/fining/ sending offender to rehab centre

ATTITUDES OF CORPORAL PUNISHMENT (physical pain):

• illegal in UK, whipping/hitting with cane -> seen as breach of Human Rights legislation 

• some believe destroys innate dignity of humans, ecnourages violence + revenge, resentment, affects those carrying out punishment, prevents compassion, human rights destroyed BUT cheap way, of punishing effectively, quickly administers, allows to resume normal life quickly, no long-term effects, rest of society doesn't have to pay high taxes for prisons, principle of utlity (greatest happiness for greatest people)

• hate crime but not the person, lawbreakers have rights, so should still be protected
  

B: express violences, encourages resentment than reformation, doesn't solve motives, should help person recognise impacts, against moral precept of inflicting harm, lack of karuna,mette, Buddha taught no action can be countred as good if causes mental/physical pain to other

C: some support since see importance of discipline but many focus on positive sanction that reform, doesn't treat person with respect, most opposed to OldT that should punish w/ violence, doesn't reflect C love, reject retribution as valid aim of punishment,  inhumane treatment is wrong, should be helped, see discipline is positive but method not, J's taught love + care 4 all, treate with respect

I: permitted within some M countries (Saudi Arabia, Iran, UAE allow caning for gambling/sexual promiscuity, drinking, selling alcohol), flogging,, some believe better, more merciful than imprisonment, deters ppl (more effective than commS, or others), better to receive now than in afterlife so again merciful, some opposed as culturally outdated + harsh

QUOTES FOR CORPORAL PUNISHMENT

"We should not seek revenge on those who have committed crimes against us, or reply to their crimes with other crimes"  (Dalai Lama, Tenzin Gyatso) -> against retribution

"Whoever spares the rod hates their children" 

 "[As for] the thief... amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah"

CAPITAL PUNISHMENT/ DEATH PENALTY:

• abolished 1965 UK temporarily, then permanent 1969 -> Europena Commun made illegal in member countries, several campaigns failed to reintroduce, made be innocent after conviction, some say ensures dones't kill again but protection can come from imprisonment so chance of repentance + reformation to be useful soc member

• Principle of utility -> only allow if protection of wider society proven; could not justify if for retribution/ some think situtaion ethics should decide case-by-case

• sanctity of life, some say murderers have aready taken life, so God approve of deserved punishment

C: may use OldT to support, believe justifiable restribtion for criminal acts + deters ppl but little evidence to support (UK doesn't have higher murder rates than those that have), most don't think of consequences in rage... Many oppose since only God has right to take life, J taught importance of forgiveness, 

I: in M-majority countries, used as deterrent for rape, murder, teason, apostasty (leave faith + turns against it), terrorism, piracy, homoS activity, but vic encouraged/preferred to show mercy but accept payment of compensation (blood money) to reduce penalty, may look to faith to forgive, SLaw allows it, stoning/hanging/firing squad/beheading, but need very strict evidence + not compulsory to give ultiamte punishment

SOME OPPOSE -> believe passages in support have been misinterpreted, Muslim Peace Fellowship is org devoted to theory/practice of nonviolence (founded by Rabia Terri Harris)

QUOTES FOR DEATH PENALTY

"We should not seek revenge on those who have committed crimes against us, or reply to their crimes with other crimes"  (Dalai Lama, Tenzin Gyatso) -> against retribution

2015 Sep, Pope Francis said, addressing the United States Congress

"This conviction (that humans life and dignity should be protected) has led me, from the beginning of my ministry, to advocate at diff levels for the global abolition of the death penalty. I am convinced that this way is the best, since every life is sacred, every human person is endowed with an inalienable dignity, and society can only benefit from the rehabilitation of those convicted of crimes"

"...do not take life, which God has made sacred, except by right. This is what He commands you to do: so that you may use your reason" (Bible)

"all who draw the sword will die by the sword"

 "Whoever sheds human blood, by humans shall their blood be shed",

"Anyone who strikes a person with a fatal blow is to be put to death"

"But if the culprit is pardoned by his aggrieved brother, this shall be adhered to fairly, and the culprit shall pay what is due in a good way. This is an alleviation from your Lord and an act of mercy" -> encourage mercy + pardon (Qur'an)

"We prescribed for them a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, an equal wound for a wound: if anyone forgoes this out of charity, it will serve as atonement for his bad deeds"

ATTITUDES + IMPORTANCE OF FORGIVENESS:

• can unite ppl, prevent reoffending, reflect God's forgiving nature in own behaviour, reconciled with community, if leave prison isolate, no job/ prospects, reoffending may seem only choice

B: failure to forgive -> anger, resentment, doesn't mean actions won't have consequences but can bring about reconciliation, shows compassion, forgivenss can be developed through meditation, important to let go of stress, resentment, learn for future

C: core belief of faith, within Lord's Prayer, Jesus died so ppl may be forgiven, expected to forgive so God forgives them, forgive unlimited times, doesn't replace punishment, do as Jesus advised, Jese told to seek reconciliation in disagreemtn b4 offering gift to God at temple (QUOTE)

I: show compassion, God is merciful and only God can truly forgive but only to those truly sorry willing to change ways, forgiveness establishes good over evil, right to forgive those who ask for it (forgivenss from person first, then God), if unknowingly repeated again, forgive again since no limit to God's forgiveness, whenever Q describes punishment, mentions forgiveness too

QUOTES FOR FORGIVENESS

"Father forgive them, for they do not know what they are doing" (Jesus)

"love your enemies"

"not seven times, but seventy-seven times" (Jesus)

Jesus told to seek reconciliation in any disagreements before offering a gift to God at the temple, "First go and be reconciled to them; then come and offer your gift", 

"Pardon each other's faults and [God] will grant you honour" (Hadith)

"But if you pardon and overlook and forgive - then indeed, Allah is Forgiving and Merciful"