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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
admin
2013-01-20
58
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.
According to the Bible, the concept of equality in justice means_____.
选项
A、a criminal must be severely punished
B、a criminal must be given a punishment that is exactly the same as the crime he has done
C、a criminal must be given a punishment that he deserves
D、a criminal must pay for his crime with his eyes and teeth
答案
B
解析
题目问:根据《圣经》,司法审判中平等的概念是指什么?文章第一段第三、四、五句"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,societymust get equally balanced,which can be done only by imposing an equal injury upon him.”通过这段话可知,圣经上有句话说“以眼还眼,以牙还牙”,就是说,一个人如果犯了罪,要遭到社会的报复。要对这种犯罪给予报复,社会必须达到对等平衡;而要做到这一点只有对罪犯施以同等伤害。据此判断,答案是B。
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