Restitutionary Purpose of the Criminal Law (From Crime and Punishment in Modern America, P 273-297, 1986, Patrick B McGuigan and Jon S Pascale, eds. - See NCJ-103913)

• NCJ Number: 103928
• Author(s): H W Titus
• Date Published: 1986
• Length: 25 pages
• Sale Source: Free Congress Research and Education Foundation
• Language: English
• Country: United States of America

Annotation

While many legal scholars cite the Old Testament principle of an 'eye for an eye, a tooth for a tooth' as a justification for retribution, the principle is, in fact restitutionary and served as safeguard against retribution and revenge.

Abstract

The lex talionis limited available remedies to those proportionate to the blame of the offender and the harm caused. Scripture reveals that the primary beneficiary of the law was often the victim and that the restitution included a consideration of pain and suffering, as well as monetary value. In those cases where the victim was not the primary recipient, the purpose of the law was rehabilitative -- to restore the offender to society. An analysis of both the Bible and the constitution provides justification for restitution (monetary or in the form of servitude, physical punishment, and the death penalty). What is important in the meting out of justice is that the punishment be proportional to the offense and that the offender's repentance be taken into consideration. If a society follows the 'eye for an eye' principle and adheres to its restitutionary purpose, then the criminal law will have the deterrent effect that is desired. 100 notes and references.