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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 utility. Because justice is regarded as one form of equality, we find in its earlier expression 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, society must get even. This can be done only by inflicting an equal injury upon him. This conception of retributive justice is reflected in many parts of the legal codes and procedures of modern times. It is illustrated when demand the death penalty for a person who has committed murder. This philosophy of punishment was supported by the German idealist Hegel. He believed that society owed it to the criminal to administer 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 the denial and restore the self has been denied. To the murderer nothing less than giving up his own life will pay his debt. The exaction of the death penalty is a right the state owes the criminal and it should not deny him his true.
    Modem 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 society. Before a treatment can be administered, 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 criminal 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 punishment that would be most inconsistent with the views of corrective justice would be______.
选项 A、forced brain surgery
B、flogging
C、solitary confinement
D、the electric chair
答案D
解析 本题为推断题。根据第二段对矫正性司法理论的描述，要先找出罪犯犯罪的原因，并想办法消除它；对罪犯可以采取严厉的惩罚，但是目的是为了让罪犯改过自新，不是使之得到相应的报应。四个选项中D选项是死刑，为极端做法，不符合此理论。故D选项为正确选项。
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