wait – sexual deviants? you want to lock up people who have variant sexual desires?that particular fantasy rather breaks the frame, doesn’t it?
]]>I do not mean it in a vindictive way–“throw’em in a dirty dungeon”–but in keeping with the idea of rehabilitation. Their prisons will basically be mental-hospitals for the criminally insane. They would be given clean cells and clean clothes, and properly fed. The point of the relentless confinement would be to create a “hermit-like” environment, in which they could contemplate what they did, and, hopefully, at least begin to repent before they die. Repentance is the core of what I mean by “rehabilitation”.
In this, I am simply following the tradition of the Church as a hospital which cures our passions.
The more “reasonable” criminals would be treated like monks, in prisons which would behave like monasteries. That is, their life would be one of imposed order, discipline, and work–with the aim of turning them into good, productive citizens. There would be little to no “free time”.
The sexual deviants and psychopaths would be locked in their cells in the “hospital-prisons” in a kind of hermit-like existence until death. It would be a kind of “slow-motion death-penalty”, with a chance for compensation should the detainee turn out to be innocent.
I don’t know if the prison-system actually works this way now, but that’s how I think it should work.
]]>I believe in the “rehab” model of justice rather than the “retributive” one. I mean, the system should be geared towards making better citizens out of criminals, and not just punishing them. This doesn’t mean being soft, however. For me, it means,tougher prisons with more work-programs, for instance.
For the irredeemable psychopaths, there should be separate prisons. Just lock them in a cell for life. Literally. You don’t get out for exercise. you don’t get out for anything. You just stay, wait, and die.
But I don’t believe in capital punishment. Not on principle, but for pragmatic reasons. like a previous commenter, I don’t believe the state such as it is now will administer it justly. In fact this has already proven to be the case (disproportionate number of minorities, and some DNA-proven innocents, on death-row). At least, if someone is locked in a dungeon for 20 years, he can be released and compensated if he turns out to be innocent. You can’t release a dead person.
Nevertheless, your bringing up the Noahic covenant brings up some interesting questions.
First of all, if God changed His mind once about this (compare Gen.4:15 with Gen.9:6) can’t He change it again? Also, shouldn’t the “whosoever sheddeth man’s blood . . .” include those judges and executioners who send innocent people to the gallows?
Also, the OT includes other laws which specify how and when capital punishment should be used.
First, it should be used for religious offences (Ex.22:18; Ex.22:20; Lev.24:16). I know St. Theodore disagreed with the Bible on this one, but as a previous commenter said, saints can be wrong.
Next, it should be used on those who kidnap someone and sell him into slavery (Ex.21:16), and for homosexuals (Lev.20:13). All the Byzantines did on that last one, was to change the punishment from death to castration.
Adultery is a special case. The OT declares it a capital offence (Lev.20:10). Christ recinded that law (Jn.8:3-7). But in Byzantium, it was brought back, at least for a while.
Finally, it should be applied to: Women who aren’t virgins on the night of their wedding (Dt.22:13-22); virgins who cheat on their fiances (Dt.22:23-24); and disobedient children (Ex.21:17; Lev.20:9). It can’t be argued that these laws no longer apply because Christ fullfilled the law. The laws He fullfilled were religious observances like Passover and the Sabbath.
So my questions are: Which, if any, of these laws do we bring back with capital punishment, and why (or why not)? And, which part of the government do we entrust to decide that for us?
]]>More to come, stay tuned!
Thanks for the comment,
Steve
Given the advances and organization of our society, the death penalty is unneccessary.
In other words, Supermax prisons and places like Guatananamo Bay do their jobs very well.
Avery Dulles -of blessed memory- also has a truly wide ranging article on Capital punishment at http://www.firstthings.com. Its worth a read.
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