Aims of punishment

Punishment is when authority inflicts pain, loss, suffering or social disability as a direct paying back / consequence of some act committed / omitted or part of a person punished or who has committed the crime.

It is also deliberate denial of some rights inflicted by those in authority for refusal to obey a law / regulation or to respect the rights of others.

Punishment therefore is meant to discourage the criminal to repeat the offence and also keep away from the temptation that may lead one into committing same crime.

It acts as a warning to others who would later commit the secure crime (deterrence).

It is used for reformative action i.e. turns the criminal into a law abiding citizen, useful for the society .

It is also used for retribution i.e. compensating or balancing harm done. It is inflicting harm done on others i.e. 'eye for eye' and 'tooth for tooth.'

It is also a means of rehabilitation of the criminal and makes them acceptable members of society.

It acts as a moral disapproval by society of the crime committed.

To provide public safety of the society.

It strengthens the power of authority to fight crime in order to protect the community.

Killing a murder is justice to one murdered and appeases the relatives.

Isolation and death helps to avoid the criminal influencing others to recommit the offence.

The effectiveness of the law to deal with and social behaviours is seen and helps stabilise society.

Protection / prevention of society of ant social behaviour e.q. imprisonment protects the criminal to be more responsible.

It saves the society of dangerous people who are a threat to peace and harmony.

The different forms of punishment in Uganda

1. Corporal punishment

It is a type of punishment employed for specific offences by canning, one is to community service for example digging up anthill, slashing etc.

Justify the government's ruling to stop corporal punishment

First of all corporal punishment was! is advantageous especially in school to make children obedient to set rules/ regulations, the position and strength of the classroom teacher is protected, discipline is assured since some children fear being caned, builds the morals of children, it is biblical that save the child from the rod and spoil the child, gives chance for a child to reform, strengthens the school regulations, it also determines parental! teachers love for child not to get spoiled.

However, government is right to stop corporal punishment in schools because of Corporal punishment is brutal and undermines human dignity; it makes pupils inferior before others.

It may until hostility among children and may instead make them wild wanting to defend themselves, actually some students fight with teachers.

The purpose of justice/ punishment is to reform not to punish.

Sometimes innocent children suffer at the hands of teachers due to mistaken identity. There are-better ways of punishing children such as internal detention by slashing and weeding compound.

Some children as sickly; it may increase on their sickness.

Many teachers have beaten children to the extent of maiming them or death.

It instils in children fear and hatred and this will affect their education/ learning process. Teachers are parents and so ought to treat children with care and love.

In many cases the offence is not as heavy as the punishment given.

Sometimes teachers use corporal punishment to handle their grievances i.e. transferred conflicts with the administration, family or parents of the children or children themselves e.g. if teacher competes with a boy on the some girl.

Corporal punishments may not deter bad behaviour but instead fuel them and it might end up in strikes.

It is against professional ethics for teachers to apply corporal punishment.

It destroys the image of the school and therefore pupils and parents will hate the school. Sometimes the teachers are wrong themselves.

Some do it out of their own frustrations.

Abolition of CP will help avoid embarrassment of teachers vis- avis. It may lead a teacher to loose his job.

In extreme cases the teacher can be imprisoned. Some teachers use CP to win girl for sex.

b) Examine the shortcomings that this rule may have from Christian point of view.

May encourage children / students to rebel against the school administration or disrespect of teachers.

It undermines the position and strength of the classroom teacher. In some schools discipline may be hard to administer.

It may encourage immorality / decline in morals.

It encourages crimes which are against Christian teaching.

The teacher is not protected as he will be nobody in sight of students.

Instead it may be detrimental to students as teachers leave to do anything without correction.

Teachers may resort to worse means of punishment.

It undermines parental love to the children (lack of punishment). It derives a wrong doer to reform when they are punished.

Christian forgiveness does not mean that wrong doing should not be punished. Both Peter and Paul argue that it is the duty of Christians to parish the disobedient.

2. Imprisonment

What is the significance of punishment by imprisonment? Comment on the negative effects

Imprisonment is putting a criminal into confinement. It also means to deny a criminal freedom, rights, contract with relatives and friends as a form of discipline.

Significance / positive effects:

To protect the society from antisocial behaviours; during out time in prison the society is free from dangerous criminals.

It helps to calm down the person or society offended to have a feeling something has been done.

Long term imprisonment may save the criminal from capital punishment.

A prisoner may acquire skills during the time of imprisonment such as missionary, carpentry to become useful persons .

For retribution; inflicting pain/ some harm to the criminal. .:. It helps to induce some sense of responsibility .

A prisoner is expected to work; e.g dig and may generate income for prison department and reduce on expenses .

It gives authority to government and society to have power to establish law and order.

It can help protect the criminal from mob justice .

Helps to deter potential criminals from committing crimes .

In case a criminal is expected to pay fire or large sums of money which one cannot afford imprisonment is the alternative.

Reformatory schools which are in form of prisons help to discipline juvenile delinquents/ mischievous children (under 18) who are unruly.

However, imprisonment has negative effects.

The family is affected without assistance no way of providing basic needs; education, food, clothing causing a lot of suffering.

They are over worked in prisons, sometimes from morning till evening.

Some end up developing dangerous disease e.g. STDs where they are forced into homosexuality.

As the conditions worsen some die before the end of their jail term.

Those with small crimes are exposed to hard core criminals and learn worse habits. In case of long time imprisonment marriages after break.

It leads to loss of status / job.

Estrangement of the families involved.

It leads to immorality of partner for sexual needs and can get illegitimate children, STDs etc.

b) As a Christian comment on the issue of imprisonment as a method of punishing a criminal in Africa.

To a Christian, imprisonment as a method of punishing criminals has weaknesses contrary to Christian ethnics and principles as noted below:-

Prisoners are sometimes denied spiritual nourishment.

It is sometimes unfairly done e.g. people who have committee similar offences are sentenced differently.

Denying a person to help his family is also abuse of his rights.

It reflects revenge contrary to the Christian teaching of forgiveness and reconciliation. Forgiving a criminal is recommended by Jesus who forgave those who offended him and others.

Jesus advised people to reconcile before they are taken to courts where they would be made to pay for everything including imprisonment.

Objection to imprisonment stems from the fact that all mankind are potential criminated/ sinners but are only not noticed / convicted.

Jesus also forgave the adulterous women was deemed for death. Imprisonment in African does not usually help the prisoner.

There is mistreatment of prisoners in various ways such as being crowded in cells, poor meals, often beaten, lack dressing / beddings.

It is also argued that in spite of imprisonment similar crimes have continued to be committed.

Imprisonment causes suffering of dependants to the prisoners. It derives one a chance to provide his family basic needs.

However,

If a person has proved beyond reasonable doubt as a potential threat to society e.g. murderer, thief, robber he can be confined.

But genuine attempts are made to reform him.

Sometimes the confinement creates stability and peace in society.

In some cases, some prisoners become better citizens after release for fear of going back.

A prisoner should also betreated with compassion.

The offender, offended and society need to be educated on Christian ethnic and principles regarding crime.

3. Mob justice form of Punishment

- This is an unauthorised form of punishment made by the public.

In recent years in Uganda suspects in towns especially Kampala, Jinja, Mbale etc have been stripped naked or burnt using car tyres or stoned to death after being caught stealing or are re-known robbers who have been dangerous to society.

Even in villages thieves, sorcerer / witches are at times punished by mob justice In mob justice culprits are not given chance to go to courts of law to be proved guilty but society takes the role of the judiciary.

Causes:

Ignorance of the law where people take the law into their hands to punish offenders.

The aspect of uncontrolled anger against the victim.

There is permissiveness of society where people no longer have respect for the law.

Corruption of the police force where suspects are always left to go free.

After they are arrested by people and taken to police, the following days(s) they come out smartly.

Corruption of courts of laws; where they can be bought to express that there is no substantial evidence.

There is a big gap between the police and the Public and some see the police as an institution of spies for government but do not help the citizens.

Idleness caused by joblessness to want to make fun of it or transfer their frustrations on the suspects.

Political instability creates a state of anarchy.

There is general decline of religious conviction.

Delayed action on suspects.

The nature of the law encourages mob justice e.g. the fine of committing some crimes is so low and the term of imprisonment is so short which is unfair to society and does not reform the person.

Increased criminal cases e.g. pick pocketing, rape defilement, robbery. Some do so to revenge.

Advantages of Mob Justice

The society gets rid of a dangerous criminal once and for all. It checks on the action /corruption and judiciary.

It puts fear on some people not to commit similar crimes.

Loosens expenses on prisoners by government.

It strengthens the security of the police and judiciary.

It puts fear in some people not to commit similar crimes. Lessens expenses on prisoners by government.

It strengthens the authority of society to fight against crime.

For those who would be tortured in prisons it quickens their death.

It makes government review the law and look for alternative ways of handling criminals.

Disadvantages

One may be punished innocently due to mistaken identity. It breeds more crimes.

Does not give room to defend ones self. Does not give room for one to repent.

It focuses on the criminal and not the crime eradication. May be done out of jealousy / envy.

It undermines the importance of the law.

Damages the image of God, in which one is created.

What is the Christian attitude towards mob justice

Christianity condemns such acts as mob justice; it is wrong in the sight of God.

It is not intended to help the criminal but mistreat him which is against the purpose of punishment.

It is applied to the suspect and not the criminal because it is done before one is proved guilty.

It is condemned because it causes chaos in community and may breed more violence.

It is done in form of revenge which is against aims of punishment.

It violates Gods law of love and forgiveness.

It is a form of injustice.

There is no control of punishment because in most cases there is over punishment. .:. The suspect is not given chance to defend himself.

It may lead to loss of life on a minor case.

It is intended to inflict pain on the suspect but not to help him reform.

b) What measures has the Ugandan government put in place to keep law and order?

Local council system checks on small crimes at grass roots.

There is the police organ to maintain law order.

Prisons are built to keep criminals.

The judiciary has done a lot in judging cases making some serve imprisonment I death sentences.

The Ugandan constitution is the supreme law for guidance.

There are children's courts and reformatory schools for those of tender age who are criminals.

Establishment of UPE, UPPET to reduce on ignorance.

Put in place poverty alleviation schemes where people's incomes are improved upon.

Religions have done a lot in changing people's attitudes through repentance and conversion to become better citizens.

Government has catered for the disadvantaged groups such as women, children and, hand capped.

The idea of community services being introduced to discourages prisons.

Through seminars and workshops such as those on human rights co-existence. development makes criminals become better people.

4. Capital Punishment

The bible gives implicit and explicit statements which to give the state a right to exercise capital punishment for murder and other violent crimes but affecting this depends on government.

Capital punishment is when one/ criminal is killed/ executed as the punishment for the crime committed .

In the New Testament Jesus told hearers the parable of the wicked tenants (Mt. 21) and in the Old Testament like Moses said which could lead to death. This is equivalent to king Hamurabi's law of eye for eye.

In Old Testament the following offences led one to death:-

Sexual, murder (Lev 20). kidnapping (Ot. 24), Defying parental authority (Mt. 21), blasphemy and adultery (Dt. 13, Lev 24) .

Capital punishment is given to the extent one had affected society and whose action angered God; usually done by stoning or hanging.

Justification of Capital punishment

Yes, because of the following: - (small extent)

It helps society protect itself against criminals and it becomes more effective if it can deter them.

Every crime needs compensation; some are so severe that only life pays for the more so if the criminal does not show any sign of reform.

But in case of moral transformation them capital punishment is not necessary.

It helps to deter the would be offenders/ criminals from committing similar crimes. In other words it threatens or warns others to do the same.

It strengthens the executive powers of the state so community is assured of the power of the state to deal against wrongs doers.

It helps to save the resources if one stays longer in prison.

It helps to save the criminal from influencing others while in prison particularly the hard core criminals.

People fear death, therefore, with the enforcement of capital punishment people will fear to commit crimes.

It eliminates the criminals once and for all from the community.

Gen 4: 14 says, whoever kills a person is also to be killed i.e. killing a murder is justice to the victim.

Capital punishment protects the innocent people especially presence of a serial killer.

Some people are habitual offenders who are not capable of reforming.

The state has a duty to promote security and peace for its citizens and only death sentence / penalty corresponds to some offenders.

Retribution is inflicting equal injury on the criminal; i.e. those who take life forefeet their right to life.

The criminals in African traditional society faced death penalty to restore peace, order and appease the gods e.g. if one who attempted or was tempted to have sex with the king's wife in Buganda.

In case of treason suspects e.g. rebels against the state, coup plotters, revealing army secrets.

However, to a greater extent, Christianity is opposed to capital punishment because:-

Death is not a punishment, it is a divine law that everyone will die.

The death penalty punishes the innocent members of his family.

The offender is not given time to reform.

It is the most defrauding and humiliating form of punishment.

It terminates one's life yet no one has a right on another's life.

Capital punishment is legalised murder .

Man is made in the image of God and should be respected .

Exod 20: 13 teaches that we should not kill .

It is only God who has the power to take away life .

Christians encourage reconciliation .

It can be used as a tool of suppression .

It is often difficult to distinguish between manslaughter and murder .

It is an abuse of judgmental human rights to life .

Death punishment cannot achieve any of the aims of punishment.

Capital punishment has failed to remove crime e.g. in Britain a law was passed to kill all pick pocketers but they would make use of big crowds to steal without being noticed.

Since man is fallible and is liable to make mistakes some innocent person may be convicted.

Capital punishment can be seen as a confession of failure in face of terrorists, rapists, things murders etc.

Capital punishment has been a controversial issue at international level in that some countries have abandoned it, Italy 1947, west Germany 1945, Britain 1965, Netherlands 1970, France 1981,

It may harden some criminals because they know there is no survival once caught.

Society looses productivity of those executed.

Man does not have the right to judge it is only God.

There is need for Christians to pray for criminals to change .

There is also need for counselling.

It spoils government image.

By the time the criminal is sentenced to death one will already have had enough torture and painful experience .

Some criminals are not rationally responsible; they may be insane .

Jesus abolished capital punishment by telling the immoral women to go and sin no more (In 8).

When David committed the sin of adultery and murder and repented. he was forgiven.

Paul only recommends ex-communication for gross immorality b is is difficult when applied to hard core robbers.

Fines

Fines are a common form of punishment in most legal systems ai ed at deterring the wrong doer from doing wrong again.

The advantage is that it is not as defrauding as other forms.

Secondly, when an offender is fused, he contributes something to the expense of the state running the legal system. This is because when one is imprisoned he becomes an expense to the state.

However fines have a disadvantage in that those who have mo e I i is a cheaper way of coming out of a case .

Sometimes it worsens e.g. in case of adultery one would think tha one has paid dowry and the relationship increases.

Community Service

This is a new form of punishment where by one stays in ones ho e but has to report to authority to do community work I service daily i.e. one is a prisoner but in his own home.

It attempts to reconcile the Christian duty to forgive those who do wrong with you with the need to punish criminals who bring disharmony into society.

Secondly, it helps to decongest prisons especially on minor cases e.g. one has stolen chicken or fought in a drinking place.

As a Christian, what advise would you give to government to minimise crime in Uganda?

The government should teach citizens on crime prevention.

Give out loans to start businesses through barks to have people active.

Expose dangers of criminal acts.

Refresher courses on how to obey and respect the law.

Assist criminals to practice religion.

Instil spirit of love and patriotism.

Job advertisement should not be discriminative.

Those who have served the sentence should be accepted or shown positive attitude when released.

Establish rehabilitation centres.

Contribute to creation of justice.

Inculcating moral and social responsibility.

Reporting crimes and criminals to authority concerned (Rom 13:3, 1 Pet 2:5). .:. Rehabilitating criminals or potential ones (Mt 25:36).

Creation of employment for unemployed.

Guidance and counselling (Mt 18: 15).

Providing recreation centres I activities to divert then attention.

Practicing and preaching honesty.

Advise people to avoid situations that may lead to criminal acts such as locking doors, walking in dark lonely places, exposing expensive items etc.

The gospel and the criminal

Jesus, in the Gospel discusses the background of crime, which is the heart, and therefore how a Christian ought to act I react.

In man's heart (Mt 15, Mk 7) come all sorts of evil where repentance ought to begin.

The alternative therefore is forgiveness.

Forgiveness does not mean one is weak on one's part when one is a ranged but call for responsibility.

At times restitution and punishment are necessary ingredients of punishment.

Justice is love and forgiveness joined together makes love perfect.

Justice is love and forgiveness joined together makes love perfect.

Justice is acted love which is the heart of the gospel. Forgiveness, on the other hand, makes the criminal have peace and acceptance before God and society.

Error is human but forgiveness is divine but there can be no forgiveness without repentance.

Without forgiveness, justice and reconciliation will conflict and conflicts will never end e.g. between Tutsi is and Hutus in Rwanda (1950's) 70s, 80s up to now; Iran and Iraq, Jews and Palestine, political conflicts in Uganda.

Forgiveness therefore is profound model of the working human relationship with God.

God alone can forgive man but man can one does not forgive one will never have peace. Therefore forgiveness frees the forgiver.