Aims of Punishment (AQA GCSE Religious Studies A (8062))

Religious attitudes to punishment as retribution

The aims of punishment

• Punishments imposed by a court for breaking laws can serve several aims (purposes)

• The judge needs to consider the purpose of any punishment when passing a sentence on an offender

• Aims of punishment can include retribution, deterrence and reformation

Punishment as retribution

• Retribution means retaliation, or getting your own back

• Retribution as an aim of punishment means that society gets its own back on the offender and they are made to pay for their offence

• This would involve imposing the same level of harm on the offender as they caused in the first place

  • For example, if they have murdered someone, they could be killed as a punishment

• This is the least positive aim of punishment

Christian attitudes to retribution

• The Old Testament teaching of ‘eye for eye, tooth for tooth’ (Exodus 21:24) suggests that retribution is acceptable as a punishment

  • Therefore there was once a form of punishment known as ‘lex talionis’, the law of retaliation

  • This meant that criminals received the same level of suffering they had inflicted on others, which would allow for the death penalty for murder

• In the New Testament, Jesus clarifies this teaching, saying

• As a result, most Christians do not take the Old Testament teaching literally, but instead think that the punishment should be severe enough to match the crime

• They prefer more positive aims of punishment

Muslim attitudes to retribution

• Muslims would follow the teachings in the Qur’an

• They would therefore support retribution as a suitable punishment for crime, as long as the punishment matches but does not exceed the original offence 

• This is because:

  • punishments should enable justice because Allah is a just God

  • actions that go against Islamic Shari’ah law are considered actions against Allah.

    • In countries that follow Shari’ah law, retribution is taken on Allah’s behalf for the actions taken against Allah

• The ultimate punishment will come from Allah in the afterlife because Allah is the ultimate judge

• In the case of an Al-Jinayaat crime, the victim or their family can gain credit by showing mercy and receiving compensation from the offender, which means that the death sentence is not imposed

  • This act of mercy by the victim cancels out the crime and is believed to release the offender from Allah’s punishment in the afterlife

Religious attitudes to punishment as deterrence

Punishment as deterrence

• Deterrence means putting people off something

• Deterrence as an aim of punishment means that seeing others punished severely for a crime might put others off committing that crime

• It might deter or put off the criminal from reoffending

• Punishments sometimes used to be carried out in public to make an example of the person and as a warning to deter others from committing the offence

Christian attitudes to punishment as deterrence

• Christians would be against public punishment or shaming as a deterrent to others because they believe that all human life should be treated with respect

• They also would not support punishment that caused physical harm or take away a person’s basic human rights 

• They would, however, support the principle of deterring people from committing crimes

Muslim attitudes to punishment as deterrence

• The Qur’an supports the idea of some punishments to discourage others from committing crime

• In some Muslim countries, punishments are carried out in public to deter others from committing the same offence

Religious attitudes to punishment as reformation

Punishment as reformation

• Reformation means change

• The idea of reformation as an aim of punishment is that the offender will be able to see what they have done wrong and take the opportunity to reform

• Punishments should give them the chance to learn that there are alternatives to crime

  • For example, they can get an education, learn skills and become a law-abiding citizen

• This approach is emphasised by the UK punishment system

Christian attitudes to punishment as reformation

• Reformation is the preferred aim of punishment for Christians

• It reflects Christian teaching about original sin

  • Everyone has sinned and can repent and be saved

• People who have committed crimes should be given the opportunity to change their ways

• Jesus set an example for this

  • At his crucifixion, Jesus forgave a criminal who was dying on the cross next to him, telling the man

• Saint Paul wrote to the Romans about setting a good example of Christian love and compassion by taking a ‘reform’ approach, rather than seeking retribution

• This does not mean that a person should not be punished, but that they should be given help to reform while they undergo their punishment
  

Muslim attitudes to punishment as reformation

• Islam teaches that reform is an appropriate aim of punishment for crime as long as the person repents

• This is because Allah is forgiving and merciful

• The Qur’an also teaches that there is an opportunity for forgiveness in the afterlife:

• It is important to give offenders a chance to change their behaviour and become better