From Retribution to Restoration: Biblical Teachings and the Criminal Justice System ~Lesallan

Ohio Christian University

CJU1010 Introduction to Justice Systems (ONL24F1)

Dr. Quinn

August 3, 2024

From Retribution to Restoration: Biblical Teachings and the Criminal Justice System

The treatment of prisoners in the biblical context is of significant interest to the fields of criminal justice and theology. Examining how it aligns with biblical teachings offers insights into whether our current criminal justice system reflects principles from the Old Testament or the New Testament. The Old Testament emphasizes retributive justice, symbolized by the phrase “an eye for an eye, a tooth for a tooth” (Exodus 21:24, KJV), while the New Testament, through Jesus’ teachings, promotes forgiveness and turning the other cheek (Matthew 5:38-39, KJV). This essay will compare and contrast how defendants are treated within the criminal justice system. The focus will be on punishment, rehabilitation, and restorative justice to determine which biblical teachings our system more closely aligns with.

The Old Testament is known for its retributive justice system, which is based on the principle of “an eye for an eye, a tooth for a tooth” (Exodus 21:24, KJV). This system emphasizes punishment to uphold social order and deter wrongdoing. For example, adultery was punishable by stoning (Leviticus 20:10, KJV), reflecting a strict and unforgiving approach to justice. The Old Testament’s focus on retribution is aimed at ensuring that justice is served, and that the punishment corresponds to the crime (Pelton, 2003).

The New Testament ushers in a change in basic assumptions emphasizing forgiveness and mercy. Jesus’ teachings, including “turn the other cheek” (Matthew 5:38-39, KJV), underscore the significance of forgiveness and reconciliation over retaliation. The parable of the prodigal son (Luke 15:11-32, KJV) exemplifies restorative justice, prioritizing the restoration of relationships and the rehabilitation of the offender. This transition from retributive to restorative justice signifies a more compassionate and humane approach to addressing wrongdoing (Pritikin, 2006).

The current criminal justice system bears similarities to Old Testament teachings in its emphasis on punitive measures. The use of incarceration, fines, and other forms of punishment reflects a retributive approach to justice. For instance, the concept of “just deserts” in sentencing echoes the Old Testament’s principle of ensuring that the punishment matches the crime (Masters, 2021). However, there are also elements of the New Testament’s focus on forgiveness and rehabilitation, such as parole and probation programs designed to reintegrate offenders into society.

The Old Testament prioritized retribution and maintaining social order rather than rehabilitation, while the New Testament focused on transforming individuals through forgiveness and mercy. Modern criminal justice systems have adopted rehabilitation programs such as counseling, education, and vocational training, in line with the teachings of the New Testament. These programs are designed to address the underlying causes of criminal behavior and help reintegrate offenders into society as productive members (Pelton, 2003).

Restorative justice is a concept that is prominently featured in the New Testament. Jesus’ teachings and actions often emphasized reconciliation and the restoration of relationships. For instance, the story of Zacchaeus (Luke 19:1-10, KJV) illustrates the significance of making amends and restoring relationships. In modern criminal justice systems, restorative justice programs like victim-offender mediation and community service reflect the principles of the New Testament. These programs aim to address the harm caused by criminal behavior and promote healing for both the victim and the offender (Pritikin, 2006).

Upon analyzing the biblical context for corrections, it is apparent that our current criminal justice system incorporates elements from both the Old and New Testaments. The Old Testament’s emphasis on retributive justice is manifested in the punitive measures prevalent in our system, such as incarceration and fines. Nonetheless, the New Testament’s focus on forgiveness, rehabilitation, and restorative justice is also discernible in modern practices such as parole, probation, and restorative justice programs. Although our system still leans towards retribution, there is a growing acknowledgment of the significance of rehabilitation and restoration, aligning more closely with the compassionate and humane approach advocated by Jesus. Ultimately, achieving a balance between justice and mercy remains a vital goal for our criminal justice system as we endeavor to establish a more just and equitable society.

References:

Masters, R. (2021). CJ: Realities and Challenges. McGraw-Hill Education.

Pelton, L. H. (2003). Biblical Justice. Journal of the American Academy of Religion, 71(4), 737-

765. doi:10.1093/jarrel/lfg097 

Pritikin, M. H. (2006). Punishment, Prisons, and the Bible: Does ‘Old Testament Justice’ Justify

Our Retributive Culture? Cardozo Law Review, 28, 715. Available at SSRN: https://ssrn.com/abstract=1844609