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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 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 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 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, who 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 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 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, provision must be made to have this done. Only those criminals who are incurable should be permanently separated from the rest of 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 punishment is the only adequate means for accomplishing 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.
It can be inferred that corrective punishment is in favor of______.
选项 A、distortion of the criminal’s personality
B、flexible administration of punishment
C、the cure of evil spirit by kind treatment
D、deprivation of the criminal’s rights as an individual
答案C
解析 推理判断题。作者在第二段后半部分讲述了矫正性司法的特点，指出司法是为了拯救个人，不是简单地报复。紧接着提到，我们应当给予个人一切机会，使他在社会中像正常人一样立足，对于罪犯的判决，不应剥夺他努力使自己成为社会一员的机会。由此可以推断，矫正性司法赞成罪犯改过自新，[C]项是对原文的转述，故为答案。
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