With Justice for All

Another of my responses to the question of my utopic vision… which is not really a vision and is not utopic… would concern the issue of ‘justice’. Or, specifically, punishments. I believe that an important part of a just system are just punishments. And I don’t believe that we have, in our country or, indeed, any country, just punishments.

Death Penalty

He that smiteth a man, so that he die, shall be surely put to death.

And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee.

But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die.

And he that smiteth his father, or his mother, shall be surely put to death.

And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.

And he that curseth his father, or his mother, shall surely be put to death.

Exodus 21:12-17

I believe that the death penalty should be automatically applied to all cases of murder (actual murder, not manslaughter), rape, kidnapping, adultery… a whole range of physical crimes. In addition there are some crimes such as blasphemy.

This punishment is to be carried out… by the witnesses themselves. Of which there must be two. And quickly, not after years.

Corporal Punishment

Judgments are prepared for scorners, and stripes for the back of fools.

Proverbs 19:29

And if any mischief follow, then thou shalt give life for life,

Eye for eye, tooth for tooth, hand for hand, foot for foot,

Burning for burning, wound for wound, stripe for stripe.

Exodus 21:23-25

I believe in two different types of corporal punishment: mutilation and beating. Leaving aside corporal punishment for children, beating is called for ‘foolish’ crimes. This has a pretty wide remit, basically covering everything that does not fall into one of the other two categories.

Economic Punishment

If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he shall restore double.

If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field; of the best of his own field, and of the best of his own vineyard, shall he make restitution.

If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.

If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double.

Exodus 22:4-7

I need to say at the beginning of this section, and probably repeat it in every paragraph, that I am NOT talking about any money whatsoever going to the government. I would eliminate 100% of all money’s flowing from citizens being punished to the government. Even where it could be argued that the government was the one injured in the crime, I would still argue that the government should not get any money. It is a massive conflict of interest for the party doing the prosecuting and judging to be getting the benefit.

So, any economic punishment should go from the criminal to… the victim. First of all the victim should be literally repaid for the damage they have suffered, but they should also get any punitive punishment. The victim, not the government.

I would propose (and it is not my idea at all. All of this comes from the Scripture.) that crimes which have a primarily economic aspect, such as theft, property damage, etc. would all have an economic punishment. Which would not go to the government.

Various Others

There are a variety of other punishments, but none of them involve prison. A man who falsely accuses his wife of not being a virgin is not allowed to divorce her, for example. But none of them involve prison, and nothing is ever given to the government.

Methodology

At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.

The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people. So thou shalt put the evil away from among you.

Deuteronomy 17:6-7

This deserves a whole post, but the methodology of these punishments would be way, way, way different than what we use here. In particular, many crimes would require two witnesses, these witnesses must come forward on their own, they must be willing to carry out the punishment themselves, and they themselves would be putting themselves in line to receive the punishment they are calling for, if their witness is proven false.

So all of the above needs to be taken with that in mind. We are NOT talking about current systems producing these punishments. We are not talking about any of the plea bargains, the jailhouse snitches…

Conclusion

I don’t see this post as representing a utopia, in part because I don’t believe in utopias. We live amongst human beings, and human beings are sinful. So the best a justice system can do is manage the outworkings of those sins in the civil realm.

I fully expect a post like this to cause absolute horror. But I would point out what is missing from the above list… prisons. The encaging of huge swaths, particularly of the US population. Mandatory divorce in the practical sense, mandatory child abandonment, husbands and fathers unable to support and lead their families.

I think that my statement about economic punishment will be almost entirely ignored. People will pass right over the idea of the punishment of criminals, the economic punishment, would go to the victims. Millions or even billions of dollars going to victims, and the complete elimination of the built in conflict of interest in the current system. You literally have police departments whose budgets are dependent on economic punishments! Every ticket issued, the money does not go to the victim of traffic accidents, but to the police department which issued the ticket!

And I would add that this system would eliminate probably 99% of all of the laws we live under.

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Thank you for reading Von’s Substack. I would love it if you commented! I love hearing from readers, especially critical comments. I would love to start more letter exchanges, so if there’s a subject you’re interested in, get writing and tag me!

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If you get lost, check out my ‘Table of Contents’ which I try to keep up to date.

Von also writes as ‘Arthur Yeomans’. Under that name he writes children’s, YA, and adult fiction from a Christian perspective. His books include:

The Bobtails meet the Preacher’s Kid

The Bobtails and the Cousins

The Bobtails go to France

and

No Ordinary School

Arthur also has a substack, and a website.

Thanks again, God Bless, Soli Deo gloria,

Von

Links

This is the fourth in my ‘utiopia’ series:

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