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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

admin2011-03-26  90
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 Old Testament 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 offence against society. To make up for his offence, society must get even. This can be done only by doing an equal injury to him. This conception of retributive justice is reflected in many parts of the legal documents and procedures of modern times. It 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. He believed that society owed it to the criminal to give 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 counteract this denial and restore the self that has been denied. To the murderer nothing less than giving up his own will pay his debt. The demand of the death penalty is a right the state owes the criminal and it should not deny him his due.
    Modern jurists have tried to replace retributive 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. The criminal is regarded as being socially ill and in need of treatment that will enable him to become a normal member of society. Before a treatment can be administered, the cause of his antisocial behavior must be found. If the cause can be removed, provisions must be made to have this done. Only those criminals who are incurable should be permanently separated front the rest of the society. 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. If severe punishments is the only adequate means for accompanying this, it should be administered. However, the individual should be given every opportunity to assume a normal place in society. His conviction of crime must not deprive him of the opportunity to make his way in the society of which he is a part.
The passage implies that the basic difference between retributive justice and corrective justice is the ______.
选项 A、type of crime that was proven
B、severity of the punishment
C、reason for the sentence
D、outcome of the trial
答案C
解析 短文暗示，报应型公正和改正型公正的基本区别在于判决的理由。文章第一段主要写报应型公正，即杀人者必须偿命，以眼还眼，以牙还牙。第二段主要写改正型公正。它并没有放弃平等的概念，而是去找一个更为合适的方法来实现平等。罪犯被认为是社会之病态，必须治疗，使他成为社会正常的成员。治疗之前，首先要找出其反社会的原因。除难以改造好的罪犯外，公正就是治愈个人，而不是简单的对等惩处。综上所述，判处时两者所依据的不同理由是报应型公正和改正型公正的根本差别所在。
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