Monday, December 2, 2019

The Punishment should fit the Crime Oliver Latham 10J Essay Example

The Punishment should fit the Crime Oliver Latham 10J Essay A young teenage girl walking home was murdered. The murderer who had been following the girl on several occasions planned to kill her when the opportunity arose. This was the murderers first crime. What should be his punishment? Death? Prison sentence? Many religious groups have different views on the matter and I will refer to some of these in the essay to come to a final conclusion of my own opinion. Murder is both a crime and a sin. Sin is an act against gods teachings which are set down by the Ten Commandments in Christianity and for Muslims, the Quran their holy book. Crime is an act disobeying laws set down by secular organisations like the government. In Christianity ones of the Commandments: Thou shalt not kill states that no human may take anothers life without punishment from God. The Commandments, set down by Moses after he rescued the Hebrews from the hands of slavery in Egypt, tell Christians what they must never do if they wish to follow God correctly. To break any of these would be seen by a Christian as very wrong. We will write a custom essay sample on The Punishment should fit the Crime Oliver Latham 10J specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Punishment should fit the Crime Oliver Latham 10J specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Punishment should fit the Crime Oliver Latham 10J specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In a similar way in Islam religious teachings from the Quaran teach that murder is wrong. As Muslims believe their holy book is directly from god they know they must follow all the laws and that if they break any of them they will be punished by Allah severely. In English law that is formed by the government it is a serious crime to commit murder and is punishable by the courts who will decide what punishment to give the murderer. However first they would have to distinguish between murder and the lesser punished crime man slaughter. To do this they would have to prove whether the man had the evil mind or mens rea. This means the person actually intended to kill the victim. Though a person proved to have slaughtered another member of society by accident will not be charged with murder they still have the actus reus or evil deed so it is likely they will be given the lesser punishment of man slaughter. In the case of this crime it is murder because the person had malice aforethought or the mens rea as it is obvious that the attack on the girl was planned. The quality of being just is fairness and the principle of moral rightness and equality. The upholding of what is just especially with rewards and punishment is maintained by the law and is of utmost importance in modern society. We live in a democracy where political leaders are decided by the people. This eradicates any possibility of anarchy and spreads power evenly not just giving it to the party in charge. If this was not the case and laws were completely unjust then it could lead to dictatorship where all power is given to all those who are able to grasp it. Moreover an increase in crime would most probably be noted because if laws are completely bias or unfair then what is the point in taken any notice of them! Laws are deliberately quite harsh when it comes to murder primarily because without it, it could lead to anarchy where might is right. In other words one with greater physical or political strength is able to do what they wish and we could find many simple feuds resulting in death or serious injury because without strict punishments there is no deterrence for murderers. Furthermore laws like prison or even capital punishment remove the murderer who is a probable danger to society even if only temporarily. This protects the innocents and allows them safety from offenders. So what does the Christian Church think about justice? In secular families the government does seem the most important when its comes to justice in the U.S.A, for example, the people are told the president is the head of the people and to many this is vitally important especially in secular organisations where they have no religious leaders so who to turn but the president or other political leader. In the Christian faith however, who holds elected office is always a secondary matter. It is still important but of a lesser one as Christians believe god is their ruler and his son, Jesus, their judge. Throughout the New Testament Jesus is described as being just and kind helping those who have need of his help and punishing those who have sinned. He is a model person to all Christians and so must be followed very carefully and thoroughly. The Nicene Creed for example recited by me and many other Christians every Sunday depicts the role of Jesus and God in justice: He ascended into heaven and is seated on the right hand on the father. He will come again in glory to judge the quick and the dead The victory of Jesus over death and sin is symbolized by this small extract as he rose from death the battle won ready to govern the world with god. Christians believe he deserves this position because of the pain and suffering he endured, when upon the cross, for all Christians. It is for this reason that they believe that their god is ruler of the world and the words of his son Jesus must be followed at all times. Any mortal man that claims he has world power is following an illusion as no man compares to the magnificence of the lord. For example the Roman Emperors believed the world belonged to them and that the Caesar was lord. Christians however reminded them that they would never have domination because that post is held by God and no other and that the people of Rome were free of there rule. As well as this Christians believe there will be always be injustice in the world and the only way to fight to combat it is to make sure that Christians follow in the ways of Jesus and always treat their neighbour fairly. So how do Muslims value just laws? Similarly Islam believes strongly in the power and dominance of their god, Allah. There is no greater leader than Allah and he must be followed forsaking all others. Muslims also consider their god there judge and although followers will consult courts to sort out problems these are mainly of Muslim faith with Muslim ideas and views. Secular organisations are respected but not followed in faith as Allah makes all laws so there is no need for any others. Allah is beyond all physical limitations of man so makes his laws just and reveals them to all mankind. And your god is one god; there is no god but he, most gracious, most merciful (Quran 2:163) This one statement distinguishes a Muslim from an unbeliever or atheist. It is describing their god as a good judge gracious and merciful are all qualities we expect from a good judge. On top of this there is a strong Islamic believe in life after death. Every soul shall have a taste of death; and only on the Day of Judgement shall you be paid you full recompense (Quran 3:185) Justice is important because without it a Muslim will be sent to Hell and will be shamed to look upon Allah when they pass away. Though is guided carefully by the laws of Allah then they will emerge victorious on the other side. Finally the teaching of Islam and of Allah has always been to treat others fairly and Muslims believe the word of Allah is the truth. If Muslims so not be just then they will not be good followers of Allah and all his prophets. Punishment is not issued for fun there is always something it is trying to achieve. There are four main reasons for punishment: deterrence, reform, retribution and protection. Firstly one of the aims of punishment is deterrence which means to draw or persuade a person not to commit the crime out of fear of the punishment or because they feel it is morally wrong. This is quite a good aim because not only will the punishment make it quite unlikely that the murderer will commit the crime again and it will be an example to any others who are considering committing exactly the same crime. Secondly we have the idea of reform which is the belief that a person can be changed for the good of him/herself and the people around him. This is the main idea behind prison sentence where it is thought an offender can sit and think about their actions and change something about themselves that is wrong. This may not be a very good aim because in my opinion if someone has committed such a dreadful crime then there is nothing stopping them doing it again. On the other hand people should always be given a second chance and I also believe that people really can change for the greater good. Another is retribution also known as revenge. Many Muslims believe in this theory of punishment as they believe that what you do to others you must expect to be done back to you. This would be a very good aim of punishment for the family of the victim. If my daughter was brutally killed for no apparent reason I would want revenge upon the killer. Lastly is protection which is quite self explanatory. The theory is that if a criminal is locked up or killed then it will protect those who he/she has abused and also others who are vulnerable. An excellent aim as there is nothing to suggest that the murderer wont do exactly the same so locking him up will provide protection to other families and keep them safe. So what do Islam and Christianity have to say about punishment? Are there similarities between the two? In the Muslim faith the Quran teaches that life is precious and that no one but Allah may take it away. When a Muslim family have a child it is said that they have been blesses by Allah the life giver. As far as a Muslim is concerned if any other claims anothers life they have sinned severely against Allah. It is because of this that Muslims will punish murder very harshly. The main theory of punishment in Islam is retribution. They teach an eye for an eye a tooth for a tooth. The idea is treat others how they treat you. This is mainly the belief because it is contained within their holy book which is the word of god. However many other Muslims believe punishment is there for protection. As a Muslim they believe it is there duty to Allah to protect the weak and those with disabilities from those who have committed crime. Also the Quran teaches that everyone is equal in the eyes of the law and must be dealt with in the knowledge that on the Day of Judgement each human being will stand before Allah. It is because of this that some Muslims think that people should be given another chance and so believes in reformation by punishment. Unlike Muslims the majority of Christians do not believe in retribution as a theory of punishment. Although the bible has some reference to retaliation (probably left from the Lex Talionis system of punishment in Roman times) in the gospel of Matthew there is an opposite idea. You have heard that it was said an eye for an eye a tooth for a tooth. But now I tell you: do not take revenge on someone who wrongs you. If anyone slaps you on the right cheek, let him slap your left cheek too. (The Bible: Matthew 5.38-39) This is part of his teaching that you should not be so quick to judge others when you yourself are not perfect. It is teaching Christians that if they do the same as their enemies then they are just as bad. Resisting retaliation is a skill that all Christians should learn because this was the way of Jesus and he must be followed at all time. As well as these others types of Christians believe in reform because they believe that through the power of god all there sins might be forgiven and there soul saved. They believe this because of the teaching of Jesus and Peter: Peter came to Jesus and asked, Lord if my brother keeps on sinning against me, how ,many times do I have to forgive him? Seven times? No not seven times, answered Jesus, but seventy times seven. In does not literally mean seventy times seven but because it is such a large number it represents that a Christian should always forgive and be given a second chance to make things right. Christians also believe that punishment is completely in the hands of god and that Christians should give water to their enemies. In other words they should be friendly and help those who have sinned and leave the punishing to God. Do not judge others, so that God will not judge you, for God will judge you in the same way as you judge others. It is saying that if you judge a criminal and treat him with scorn then you can only expect God to do the same to you. One of the most controversial topics of all is capital punishment. The most serious punishment involves taking a criminals life. Capital punishment has been abolished throughout Europe. It is, however used in countries, including the U.S.A, China and in some Muslim countries. In 2001 over 3048 executions were carried out in 31 countries. 2400 were executed in China alone. Is this right? Islam allows capital punishment for three major offences: murder, adultery and apostasy which working against Allah or denying him praise. This offence is not only murder but apostasy as well because it is taking that which is gods. Life. It is said that Allah is the great give giver and taker. This balance must not be upset and as far as some Muslims are concerned if another human especially another Muslim puts themselves above Allah then they should be put to death. On the other hand many Muslims object to capital punishment because although it is written in their holy book they claim they are only guidelines and that a Muslim must make up his own decision on what to do. The Christian faith however has some very different ideas. Written in the bible of the New Testament we have a number of stories of Jesus doing great things and teachings the Jews there how to lead a just and good life. The story tells of the trial of a prostitute who has been found guilty by her fellow citizens. Under Jewish law she must be stoned to death. Jesus, however stood up in front of the crowd and told them that only those without sin could throw a stone. Of course no one in the crowd threw a stone that day. This to Christian represents Jesus attitude of equality and understanding. Many of the people in the crowd had committed some sin, and although it may not have been as serous as the womens, why should they be so quick to judge and prosecute when they themselves arent perfect. I think Jesus was also probably suggesting that no man judge another because at the end of the day no one will ever be perfect. However Thomas Aquinus a Christian thinker argued that death would be a permanent and secure way of restoring peace to society. This is the reason why many other Christians see capital punishment as an effective way of making sure society is protected from offenders. Both religions see life as very precious particularly in the Roman Catholic faith. Consequently many are for the death penalties as they believe it will safe lives but on the other hand many others Catholics and Muslims see death as punishment as morally wrong because they are against unnatural death and because they hold life which such high esteem they would disagree with cap p. In my opinion capital punishment could be a just punishment because putting a murderer to death is the only effective way of protecting society and making sure it does not happen again simply because the person is dead. However it could be quite unjust because in my opinion no human may claim anothers life that is gods job and to do it for him is disrespectful. However some people are so violent that they only understand the language of violence and so death is the only effective deterrent for people. But overall I think it is barbaric. Life is sacred ands should not be taken away. Especially in a civilised society! Society is just as bad as the murderer if they put one to the death. In conclusion I have decided to punish this criminal by imprisonment. It was vitally important that the punishment was taken seriously and justice was carried out because of the seriousness of the crime and the family of the girl would want the man severely punished. I have chosen this punishment because in my opinion cap p is the easy way out. Although many other religious organisations would disagree that pain is over after death ultimately the man will not have to endure the social discrimination he will receive when going to the prison and if he was released. As well as this I that as a Christian I do not judge others how I would not want to be judged myself. If I was put on trial would are think it was just to be put to death? Capital punishment will never be just as far as I am concerned no matter the seriousness of the crime. Furthermore imprisonment will allows a certain amount of deterrence to potential murderers and who knows the man many even change after his life in prison. I believe everyone should be given a second chance to redeem themselves no matter what they have done.

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