Sentencing – The Law of God and Public Policy: Maintaining a Just Society (6)

Sentencing

The Law of God and Public Policy: Maintaining a Just Society (6)

Local justice was administered swiftly and appropriately.

“If there is a dispute between men and they come into court and the judges decide between them, acquitting the innocent and condemning the guilty, then if the man deserves to be beaten, the judge shall cause him to lie down and be beaten in his presence with a number of stripes in proportion to the offense.” Deuteronomy 25:1, 2

Local judges were expected to decide cases of law and to administer the requirements of justice. All forms of justice—whether restorative or retributive—were rendered immediately and in a manner appropriate to the offense. The lex talionis guidelines—“an eye for an eye and a tooth for a tooth”—were followed as closely as possible. No form of confinement was practiced in Israel, except for the cities of refuge in cases of manslaughter. Justice was administered swiftly, and all the members of the community were to understand, in the administration of justice, that the matter was closed, justice was restored, and neighbor-love could resume.

Studies in our day have shown that prison inmates would, in most cases, prefer a swift, if painful, application of justice for their crimes, rather than to be confined in prison for any period of time. It seems barbaric to think about returning to the days of beatings and the like; however, the present system of prisoner internment has not proven itself as a way of “reforming” those convicted of crime or deterring those thinking about committing it. The prison population in America is larger than ever, and the rate of recidivism is not much improved, except under certain circumstances (usually those involving some authentic religious conversion or spiritual experience during the period of internment).

It would be worth considering whether public policies could be developed that would allow for more local justice—restorative and retributive—and less confinement away from society for those convicted of violating the just norms of the community.

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In the Gates is a devotional series on the Law of God by Rev. T.M. Moore, editor of the Worldview Church. He serves as dean of the Centurions Program of the Wilberforce Forum and principal of The Fellowship of Ailbe, a spiritual fellowship in the Celtic Christian tradition. He is the author or editor of twenty books, and has contributed chapters to four others. His essays, reviews, articles, papers, and poetry have appeared in dozens of national and international journals, and on a wide range of websites. His most recent books are The Ailbe Psalter and The Ground for Christian Ethics (Waxed Tablet).

Scripture quotations in this article are from The Holy Bible, English Standard Version, (c) copyright 2001, 2007 by Crossway Bibles, a division of Good News Publishers. Used by permission. All rights reserved.