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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

admin2015-01-09  55
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.
The result of deserved-punishment justice is_____.
选项 A、the criminal’s winning of a true life
B、the criminal’s taking death penalty for the crime committed by him
C、the ’criminal’s denial of his true seif
D、the restoration of the criminal’s guilty self to the self before the crime
答案D
解析 题目问：罚当其罪的审判结果是什么?第一段倒数第三句“The criminal had by his own actionsdenied his true self and it is necessary lO do something that will eliminate this denial and restore theself that has been denied．”通过这句话可知，罪犯已用他自己的行为否定了他本来的自我，因而有必要采取某种措施来消除这种否定，从而恢复其已被否定的自我。据此判断，答案是D。
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