I have been wondering this week about the concept of justice. It is one of those words which seems to have two quite obvious, yet at times disparate, meanings.
Firstly, justice is the dispensation of the law. Secondly it is setting things straight, making things fair. Well, what is the difference you may ask - the law seeks redress and punishment for crimes committed, it puts things right which have got out of kilter. But here is the question which is buzzing around my head - is punishment, or the sort of punishment which requires removal of freedom or even life - actually punishment at all.
The death penalty argument has been well rehearsed, especially in the case of religious fundamentalists. In some ways depriving someone of life when they have taken the life of another is restoring a balance - but the truth is that balance can never be restored and the death penalty is always retributive justice. This is thrown off balance even more when the perpetrator of the crime is longing for death and our only justification for our actions becomes some sort of religiously cultural imperialism.
After the troubles in South Africa there were experiments in restorative justice. That is when the perpetrator and victim come together. This takes a great deal of strength and resolve from victims and a level of honesty from those who have done the crimes which is not always forthcoming. Trials with non-violent first time offenders do show promise, however, that having to deal with the consequences of actions will deter a significant percentage of young people from re-offending and keep them out of the penal system.
So, what do we do when someone has killed or injured several or many people through acts of violence, and especially terrorism. Where is the justice in the situation at all. It would seem to me that if you simply want retribution there are many subtle tortures which one could impose upon a prisoner kept alive - but torture turns our stomachs.
If death is a reward and torture an impossibility then perhaps out penal system needs to consider mercy. Not a stupid mercy which further imperils innocent people but the sort of mercy which treats even those full of hatred as possible of love.
This seems too much, even as I write I imagine the pain of those hurt in senseless acts of violence, I see the tears of those who mourn. Yet, again and again I return to this theme - that God is a God of mercy, I do not have the right to restrict that mercy by degree - to keep others safe, yes - but to ever look beyond the possibility of conversion and redemption? No, however that pains me, I must never do that.
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