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  3. Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven

Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven

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问题     Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven guilty. Because justice is regarded as one form of equality, we find in its earlier expressions the idea of a punishment equal to the crime. Recorded in the Bible is the expression "an eye for an eye, and a tooth for a tooth." That is, the individual who has done wrong has committed an offense against society. To make repayment for this offense, society must get equally balanced, which can be done only by imposing an equal injury upon him. This conception of deserved-punishment justice is reflected in many parts of the legal codes and procedures of modern times, which is illustrated when we demand the death penalty for a person who has committed murder. This philosophy of punishment was supported by the German idealist Hegel, who believed that society owed it to the criminal to put into operation a punishment equal to the crime he had committed. The criminal had by his own actions denied his true self and it is necessary to do something that will eliminate this denial and restore the self that has been denied. To the murderer nothing less than giving up his life will pay his debt. The demand for the death penalty is a right the state owes the criminal and it should not deny him what he deserves.
    Modern jurists have tried to replace deserved-punishment justice with the notion of corrective justice. The aim of the latter is not to abandon the concept of equality but to find a more adequate way to express it. It tries to preserve the idea of equal opportunity for each individual to realize the best that is in him. This does not mean that criminals will escape punishment or be quickly returned to take up careers of crime. It means that justice is to heal the individual, not simply to get even with him.
    Therefore, his conviction of crime must not deprive him of the opportunity to make his way in the society of which is a part.
The main difference between deserved-punishment and corrective justice is_____.
选项 A、the latter is for non-punishment equality
B、the latter has "an eye for an eye" equality of punishment
C、the latter places the criminal’s equal rights in life above everything else
D、the latter focuses on both reforming the criminal and giving him new opportunities in society
答案D
解析 题目问：罚当其罪与教养性审判之间最主要的不同是什么?通过第二段内容可知，教养性审判的目标不是抛弃平等的概念，而是为之找一个更合适的表达方式。它试图让每一个人都能有望获得实现最好的自己的平等机会。这并不是说罪犯会逃脱法律的制裁或者会重新干起犯罪的勾当。而是意味着，判决将治愈个体，而不是对他实行报复。据此判断，答案是D。
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