A General Discussion of the Criminal Justice Process from a Biblical and Redemptive Perspective형사 사법 절차에 관한 성격적, 구속적 관점의 일반적인 논의
- Other Titles
- 형사 사법 절차에 관한 성격적, 구속적 관점의 일반적인 논의
- Authors
- Wesley McClure
- Issue Date
- Jan-2017
- Publisher
- 숭실대학교 법학연구소
- Keywords
- Redemption; Criminal Justice System; Punishment; Pardon; Sin; Crime; Due Process; 구원; 형사사법제도; 처벌; 사면; 죄; 범죄; 적법절차
- Citation
- 법학논총, v.37, pp.309 - 334
- Journal Title
- 법학논총
- Volume
- 37
- Start Page
- 309
- End Page
- 334
- URI
- http://scholarworks.bwise.kr/ssu/handle/2018.sw.ssu/6642
- ISSN
- 1975-0005
- Abstract
- The Bible declares that there is no authority except that which God has established. These authorities whether Kings or Governors exist as servants and agents of God for the good of people. These authorities also exist to punish those who do wrong and to commend those who do right. The American criminal justice system is a governmental authority which falls within the purview of scripture. As such, it is the agent or servant of God to reflect the justice, fairness, mercy and forgiveness of God in its enforcement, interpretation and execution of the substantive and procedural criminal laws. Given this theocratic foundation, the criminal justice system must serve the ends and purposes of God and not just man. Over the years, various theories have emerged regarding crime and the function of criminal punishment. While these theories have noble goals such as retribution, societal condemnation, deterrence and rehabilitation of criminals, none of these theories specifically address the “good” of the wrongdoer from a spiritual and redemptive perspective. In other words, the primary motivation for punishment must be focused on changing, the heart of the criminal offender rather than just the outward physical behavior. A heart change brings redemption which is God’s ultimate purpose for humanity. 1 Samuel 16:7 expresses this point. “The Lord does not look at the things people look at. People look at the outward appearance, but the Lord looks at the heart.” Without addressing the spiritual condition of the wrongdoer, the criminal justice system cannot fully serve or act in accordance with its divine agency and mission for which God established it. Therefore, the true paradigm of the criminal justice system must emphasize helping the criminal offender realize divine redemption in God.
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