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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  46
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.
Different from retributive justice, corrective justice is adopted in the way according to the ______.
选项 A、outcome of the sentence
B、severity of the punishment
C、type of crime that was proven
D、the administration of the higher law system
答案B
解析 事实细节题。根据第二段第六句和第七句，如果罪犯违法的动机可以被消除，那么就必须有法律条款来做到这一点，只有那些无可救药的犯人才应该永久地与社会隔离。
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