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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

admin2019-06-20  11
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.
The passage implies that the basic difference between retributive justice and corrective justice is the______.
选项 A、type of crime that was proven
B、severity for the punishment
C、reason for the sentence
D、outcome of the trial
答案C
解析 事实细节题。第二段首句提到了报应性司法和矫正性司法，接着作者进一步解释说后者的目的并不是要放弃平等原则，而是要寻找一种更全面的方法去体现平等，这样做可维护人人机会均等并让人认识到最好的在于他自己。由此可推断，报应性司法和矫正性司法的根本区别在于两者判刑的动机，即前者追求犯罪就应当受相应惩罚，在于惩戒，而后者更看重在量刑公正的前提下给予罪犯适当改正的机会，故本题应选[C]项。
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