Instrustions:
You must then post reply of at least 150 words by 11:59 p.m. (ET) on Monday of the assigned Module: Week. Each reply must incorporate at least 1 scholarly citation in APA format. Any sources cited must have been published within the last five years. Acceptable sources
include scholarly journals (not the textbook but should include the Bible, etc.)
Discussion Board to reply too:
Derrick Richardson
WednesdayMar 16 at 10:50am
Manage Discussion Entry
Discussion Thread: The Focus of Criminal Justice and Scripture
Criminal Justice System Focus
My understanding of the Criminal Justice System is a due process system that is given to the arrestee to hold them accountable for the illegal act. Notably, the Criminal Justice System has grown into various criminal justice systems such as mental health courts, veterans courts, and drug courts. In this manner, individuals can receive fair and impartial due process in the criminal justice system. The focus is to hold the guilty accountable and protect the innocents. For example, law enforcement is tasked to investigate a situation of a possible burglary and determine if a law has been violated. This is the first stage in the criminal justice system. If probable cause has been determined, the subject is arrested for burglary. Next, the Court System hears the evidence and the probable cause to determine guilt or innocence. If the individual is found guilty, incarceration may be given for the person’s punishment. The guilty enters into the Correctional Facility to carry out their punishment. A Correctional Facility’s job is to house the defendant to carry out the penalty to repay their debt to society.
Restorative Justice Focus
Restorative Justice focuses on restoring the victim and holds the accused accountable through the community and various resources. The community comes together and works with the accused to decide on punishment. For restorative justice to work, the accused need to take ownership of their wrongdoing. In a 2019 article, Gang et al. mentioned, “The perpetrator will, explicitly or implicitly, have admitted responsibility for the crime, and the process allows parties to resolve collectively how to deal with the aftermath of the offense and its implications for the future” (Gang et al., 2021). For example, during the defendant’s incarceration, both the defendant and the victim or the victim’s family agree to meet to rebuild or bring peace to both parties. The victim or victim’s family can receive closure or build a relationship to help the defendant change and be a better person or a productive citizen after incarceration.
Criminal Rights Focus
My understanding of criminal rights is the rights of the offender to make sure they receive fair treatment unbiased court proceedings, and the punishment has to fit the crime and not be excessive. A couple of Amendments that comes to mind is the 5th and 6th Amendments. The 5th amendment always to the offender to not self incriminate themselves. The Cornell Law School defines The 6th amendment as,” Shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law” (Cornell Law School, n.d.). For example, the accused has the right to a speedy and unbiased hearing. During the hearing, the accused can elect not to testify to avoid possibly self-incrimination of himself.
Can these seemingly competing perspectives be better harmonized?
All three topics, the criminal justice system, restorative justice, and criminal rights, can work harmonized. The criminal justice system and criminal rights already work harmonized. Therefore, restorative justice can only add to the equations if the victim or the victim’s family agrees. The accused has to take ownership of their wrongdoing and be willing to participate. In the Bible, Leviticus 6:2-6 describes a perfect restorative justice scenario. The Lord tells Moses in Leviticus 6:2,” If anyone sins and commits a breach of faith against the Lord by deceiving his neighbor in a matter of deposit or security, or through robbery, or if he has oppressed his neighbor” (English Standard Bible, 2001/2016). The Lord tells Moses that anyone who sins and deceives their neighbors must restore what they took in this verse.
References
Cornell Law School. (n.d.). Sixth Amendment. LII / Legal Information Institute.https://www.law.cornell.edu/constitution/sixth_amendment
English Standard Bible. (2016). Crossway Bibles. (Original work published 2001)
Gang, D., Loff, B., Naylor, B., & Kirkman, M. (2021). A Call for Evaluation of Restorative Justice Programs. Trauma, Violence, & Abuse, 22(1), 186–190. https://doi.org/10.1177/1524838019833003
