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  3. Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven

Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven

admin2013-06-17  40
问题     Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven guilty. Because justice is regarded as one form of equality, we find in its earlier expressions the idea of a punishment equal to the crime. Recorded in the Old Testament is the expression "an eye for an eye, and a tooth for a tooth". That is, the individual who has done wrong has committed an offense against society. To make up for this offense, society must get just. This can be done only by inflicting an equal injury upon him. It is illustrated when we demand the death penalty for a person who has committed murder.
    And this philosophy of punishment was supported by the German idealist Hegel. He believed that society owed it to the criminal to administer a punishment equal to the crime he had committed. To the murderer nothing less than giving up his own life will pay his debt.
    Modern jurists have tried to replace retributive justice with the notion of corrective justice. The aim of the latter is not to abandon the concept of equality but to find a more adequate way to express it. It tries to preserve the idea of equal opportunity for each individual to realize the best that is in him. The criminal is regarded as being socially ill and in need of treatment that will enable him to become a normal member of society. Before a treatment can be administered, the cause of his antisocial behavior must be found. If the cause can be removed, provisions must be made to have this done. Only those criminals who are incurable should be permanently separated from the rest of society. If severe punishment  is the only adequate means for accomplishing this, it should be administered.
    However, the individual should be given every opportunity to assume a normal place in society. His conviction(定罪)of crime must not deprive him of the opportunity to make his way in the society of which he is a part.
The punishment that would be most inconsistent with the views of corrective justice would be______.
选项 A、forced brain surgery
B、whipping
C、permanent isolation
D、the electric chair
答案C
解析 推断题。本题问四种  罚措施中哪一种与“治病救人法”不符?第三段倒数第三句提到"Only those criminals who are incurable should be permanently separated from the rest of society．”(只有那些无可救药者才应该永久地与社会隔离开来)，因此C项“永久隔离”正确。因为脑手术的结果是接受手术人将永久地承担其后果。
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