The treatment of criminals (OCR GCSE Religious Studies): Revision Notes
The treatment of criminals
Treatment of Criminals
The UK Prison System
Purpose of Prison: Prison is a common form of punishment worldwide, designed to protect society by incarcerating dangerous individuals. In the UK, there are different types of prisons, ranging from high-security facilities to open prisons and young offender institutions.
Statistics: The UK has 123 prisons, housing over 85,000 inmates. These institutions are intended to keep society safe by isolating those who pose a threat.
Alternatives to Prison
Parole:
Parole allows an offender to be released early after serving part of their sentence. Parolees must follow the law and are supported by a parole officer who helps them reintegrate into society. This may include mandatory treatment, such as for drug abuse, to help prevent re-offending and encourage a positive contribution to society.
Court Fines:
Instead of imprisonment, the magistrates' court may impose fines for certain offences. Offenders may also be required to pay compensation to victims or cover court costs. Fines can be issued at a hearing or as a result of a fixed penalty notice.
Community Service Order:
Community service, often referred to as 'community payback,' involves offenders performing unpaid work within the community, such as cleaning parks. This punishment is typically given for less serious crimes, allowing offenders to contribute positively to society while continuing their regular employment.
Electronic Tagging:
Electronic monitoring, or tagging, is used in England and Wales to enforce curfews and conditions of court or prison orders. Offenders wear a tag that tracks their location, ensuring compliance with their curfew. This method is a cost-effective alternative to imprisonment, significantly cheaper and allowing for early release under a Home Detention Curfew Order.
Probation Order:
Probation allows an offender to serve their sentence outside of prison. While on probation, offenders may be required to perform unpaid work, attend education or treatment programmes, and meet regularly with an offender manager. Violating the terms of probation can result in a return to court or additional penalties.
Corporal Punishment
Definition:
Corporal punishment involves the intentional infliction of physical pain as a form of punishment, such as whipping, branding, or amputation. This practice remains in use in some parts of Africa, the Middle East, Asia, and South America, but is illegal in the UK.
UK Legal Status:
- Corporal punishment was banned in UK schools in 1987 for government-funded institutions and by 1999 in all schools in England and Wales.
- By 2003, it was also banned in Scotland and Northern Ireland. Most Christians in the UK consider corporal punishment unacceptable, although some argue that it has a place in disciplining children, citing Biblical references like Psalm 89.
Christian Views:
"I will punish transgressions with the rod" (Psalm 89)
Some Christians use this verse to justify physical discipline, believing that it is necessary to teach right from wrong. However, this view is not universally accepted, and many Christians oppose corporal punishment as contrary to the principles of love and compassion.
Islamic Views:
Islamic law permits corporal punishment for certain crimes, as stated in the Quran.
For example, thieves may have their hands cut off (Quran 5:38) and adulterers may be flogged (Quran 24:2).
'A thief male and female cut off the hand of both' (Qur'an 5:38)
'If a woman or man is guilty of adultery, flog each of them 100 stripes' (Qur'an 24:2).
In many Muslim countries, however, the Law of Compensation allows for financial restitution in place of physical punishment. Some extreme groups still enforce corporal punishment strictly.
The Treatment of Criminals – Elizabeth Fry
- Elizabeth Fry was a Christian who was one of the 1st people to insist that prisoners needed to be treated humanely.
When she visited Newgate prison in 1813 she discovered that 300 women and children were crammed into 2 cells, each women had no more than 2m by 75cm of space each. The prisoners slept on the floor without bedding.
- Elizabeth visited the prison many times and set up a school and a chapel in the prison.
- She campaigned for fairer treatment for all prisoners and helped improve the prison system.
Christian views on the treatment of criminals:
- The law has the responsibility to punish and care for criminals whilst trying to reform them.
- Christians believe in love, help and reform.
- Christians believe lawbreakers should be forgiven and given a second chance, but they also need to be punished and helped to reform.
- They emphasise the importance of repentance, which leads to forgiveness.
- Most Christians believe that inhumane treatment of offenders is wrong and that they should be helped to change their ways to prevent reoffending.
Islamic views on the treatment of criminals:
- Islam emphasises justice but also encourages mercy.
- Islam emphasises the importance of people and criminals taking accountability for their actions.
- The death penalty is used in some Muslim-majority countries for serious crimes like murder and rape, but victims or their families are encouraged to show mercy by accepting compensation, reducing the penalty from death to imprisonment.
- The Qur'an supports both justice and forgiveness, as seen in verses like "We ordained for them; life for life" (Qur'an).