Judaism & the Treatment of Criminals (Edexcel GCSE Religious Studies B) : Revision Note

Jewish teachings about the treatment of criminals

Judaism and the treatment of criminals

• Judaism teaches the importance of justice

  • The belief is that God is just and that God judges humankind

• Many Jews believe that criminals can be reformed and that the justice system should reflect this

• There are many statements in the Torah and the Tenakh about treating people fairly and maintaining fair justice systems

• The Torah emphasises the importance of fair and impartial justice

• Punishments in Jewish law are designed to be proportional and just

• Corporal punishments, like lashes, were carefully regulated to ensure they were not excessive or inhumane (Deuteronomy 25:3)

• Jewish law emphasises restitution, where criminals compensate victims for their losses (Exodus 22:1)

  • This reflects a restorative approach to justice

  • Judaism values restoring harmony within the community and relationships between individuals

• Even criminals are created in the image of God (Genesis 1:27) and must be treated with dignity

• Burial must be provided, even for criminals, to maintain their dignity

• The concept of teshuva highlights the potential for criminals to change and reintegrate into society

  • Judaism values giving individuals a second chance when they demonstrate genuine repentance

• While criminals must be held accountable, mercy (rachamim) is an important value

  • Judaism encourages compassion, particularly if the offender shows remorse

• Deuteronomy 19:9-21 teaches about establishing cities of refuge to protect people who kill someone by accident or out of self-defence, showing that there should be compassion for criminals

Jewish attitudes towards the use of torture

Judaism and torture

• Torture is the action or practice of inflicting severe pain or suffering on someone as a punishment or to force them to do or say something

• Judaism places a strong emphasis on human dignity, justice, and compassion, and these values shape its stance on the use of torture

• Judaism teaches the sanctity of life, meaning that human life is sacred, and protecting life takes precedence over almost all other laws

  • Torture, which dehumanises individuals and can lead to loss of life, contradicts this value

  • The book of Genesis (1:27) states that all humans are made in the image of God (Tzelem Elohim), so every person deserves dignity and respect

• Jewish law emphasises justice (Tzedek) and fairness, and torture is seen as unjust and unethical

  • Deuteronomy 16:20: ‘Justice, justice shall you pursue’ 

  • This means that punishment or interrogation methods that violate justice are forbidden

• Judaism condemns unnecessary suffering and cruelty

  • Torture inflicts physical and emotional harm, which violates the principle of compassion (rachamim)

  • Proverbs 12:10: ‘The righteous care for the needs of their animals’ 

  • If cruelty to animals is prohibited, causing pain to humans is even more unacceptable

• Jewish law has strict requirements for justice and evidence

  • Testimony must come from at least two witnesses (Deuteronomy 19:15)

  • Confessions obtained under duress are not considered valid

    • Torture would undermine the reliability of evidence, violating the legal process

• Some Jews might argue that if torture could save lives (for example, preventing terrorism), it might be justifiable under the principle of pikuach nefesh

  • However, most Jewish scholars reject this, with concerns about allowing torture and its potential for misuse

• Many Jewish communities today advocate for human rights and oppose torture as a violation of human dignity

  • Jewish organisations often align with international laws (e.g., the UN Convention Against Torture), encouraging humane treatment even in conflict situations

Jewish attitudes towards human rights and fair trial

Jewish attitudes towards human rights

• Jewish attitudes towards human rights include a belief in:

  • social justice

  • the sanctity of human life

  • the importance of respecting the rights of others

• Jewish teachings promote a fair society by challenging injustice and valuing diversity 

• Jews believe that everyone should have equal access to rights, opportunities, and provisions

• Jews believe that it is important to work together to reduce poverty, care for the environment, and care for others

• Judaism teaches that human life is sacred and should not be abused or misused

  • Jews believe that God created humans in their own image, making them worthy of protection

  • Jews believe that only God has the right to take away life

• Judaism also teaches that people should love their neighbours as themselves

• Jews believe that people should seek justice and do good

• Jews believe that people should obey the mitzvot, which are rules given by God to help people live a good life

• Many Jews believe that criminals should have their human rights respected

  • However, they accept that some criminals are so dangerous, that society needs to be protected from them, and they need to be in prison

  • The welfare of those in prison is of key importance and many Jews may:

    • campaign for prison reform

    • visit prisoners

    • vote for a political party that reflects their views on treating people equally

Jewish attitudes towards a fair trial

• From ancient times onwards, Judaism has always had a justice system and courts

  • The Bet Din is a Jewish court where rabbis give rulings, based on Jewish law, on religious matters, family matters, or various other types of disputes between people

• The Jewish legal system (Halakhah) upholds fairness by requiring strong evidence, including at least two witnesses, before convicting someone (Deuteronomy 19:15)

  • Everyone charged with a crime is presumed innocent until proven guilty

  • No one should be subjected to cruel, inhuman, or degrading treatment or punishment

  • Everyone charged with a crime has the right to a public trial

  • The Torah states that punishment should match the crime

• Criminals are expected to take responsibility for their actions, seek forgiveness, and make amends (Leviticus 5:5)

  • Jewish teachings focus on helping offenders change their behaviour and reintegrate into society

Ethical theories and the treatment of criminals

Situation ethics and the treatment of criminals

• Situation ethics, developed by Joseph Fletcher, is based on the principle of agape (unconditional love)

• It argues that moral decisions should be based on what is the most loving thing to do in a specific situation, rather than following strict rules

• There are some key ideas that relate to situation ethics as a moral framework

  • Love is the highest principle: The most loving outcome is the right thing to do

  • Context matters: Decisions depend on the circumstances, not fixed laws

  • Focus on people, not rules: Treat everyone with compassion, even criminals

• Situation ethics can be applied to the treatment of criminals

  • Rehabilitation over punishment: Helping criminals reform and reintegrate into society is more loving than harsh punishment

  • Understanding motives: Why did the person commit the crime? For example, stealing to feed a hungry family might be treated with compassion

  • Restorative justice: Encourages dialogue between the victim and the offender to promote forgiveness and healing

  • Flexibility: Each case is judged individually based on what leads to the most loving outcome

• For example, if someone commits a crime out of desperation, situation ethics might argue for support (such as counselling or financial aid) rather than prison, as this is a more loving and helpful response

Advantages and disadvantages of situation ethics

• There are many advantages and disadvantages when using situation ethics as a moral framework for the treatment of prisoners

Jewish responses to situation ethics and the treatment of criminals

• Judaism has a rich tradition of ethics based on the:

  • Torah

  • Talmud

  • Rabbinic teachings

• While situation ethics, with its focus on agape love and flexibility, aligns with some Jewish principles, there are important differences in how Judaism approaches moral decisions and the treatment of criminals

• Judaism emphasises the importance of justice (tzedek), which is a central principle in the Torah

  • Laws and commandments (the mitzvot) provide clear guidelines for moral behaviour

  • Unlike situation ethics, which is flexible and focuses on love as the ultimate principle, Judaism prioritises adherence to divine laws (Halakhah), which are seen as universal and objective

• Judaism teaches compassion for others, including criminals, but within the framework of justice

  • The concept of teshuvah (repentance) is central, and criminals are encouraged to reflect on their actions, seek forgiveness, and make amends

  • Situation ethics’ focus on rehabilitation aligns with the Jewish idea of helping offenders reform, but Judaism still insists on accountability and following the law

• The Torah teaches restitution and repairing harm

  • For example, a thief must repay what they have stolen, often with additional compensation (Exodus 22:1)

  • This is similar to situation ethics’ preference for restorative justice, but Judaism balances this with strict legal requirements to ensure fairness and public safety

• Jewish law recognises the importance of context and intent in determining guilt or punishment

  • For example, if someone steals out of desperation, their motives are taken into account

  • This overlaps with situation ethics’ focus on the individual circumstances of each case

• The key differences between Judaism and situation ethics in relation to the treatment of criminals are 

  • Divine commandments versus agape love:

    • Judaism bases morality on God’s commandments, not subjective ideas of love

    • Situation ethics rejects rigid rules, focusing instead on what feels like the most loving outcome

  • Objective versus subjective morality:

    • Jewish law provides clear, objective standards for behaviour

    • Situation ethics allows for flexibility, which Judaism might see as risky or inconsistent

  • Balancing love and justice:

    • While Judaism emphasises compassion, it also insists on justice

    • Criminals must face consequences for their actions, even as they are offered opportunities for repentance

    • Situation ethics might prioritise compassion to the extent that it downplays justice