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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

admin2010-10-14  57
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 up for this offense, society must get even. This can be done only by doing an equal injury to him. This conception(观念)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, He gel. 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(对抗)this denial and restore the self that has been denied. To the murderer nothing less than giving up his own life 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(实施), 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 from the rest of the society. This does not mean that criminals will escape punishment or be quickly returned to take up careers crime. It means that just ice is to heal the individual -- not simply to get even with him. If severe punishment 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(剥夺)him of the opportunity to make his way in the society of which he is a part.
How is retributive justice reflected in the practice of law?
选项 A、By making up his offense materially.
B、By proclaiming his conviction of the crime.
C、By isolating the criminals from the law abiding group.
D、By punishing him to the same extent that the damage is done.
答案D
解析 事实细节题。第一段第七句中This conception of retributive justice应该是指上文的内容，即犯法的人要承受与其违法行为等同的惩罚。
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