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Unlock This CourseIn the lesson Punishment: Aims and Types, you met punishment as a penalty given to someone who has broken a rule or law. In the lesson Justice, Crime and Its Causes: Jewish Care and the Synagogue, you saw that many Jews see fair punishment as part of justice. This lesson looks at Jewish teachings on punishment in more detail, and at what Jews think about each aim of punishment.
Why is punishment important for Jews? The Torah is full of laws, called mitzvot, and many of them set out what should happen when a law is broken. Jews believe that wrongdoing harms other people and also breaks the Almighty's commands. So wrongdoing cannot simply be ignored. Punishment shows that the law matters, that the victim matters, and that the community takes right and wrong seriously.
Why might punishment be needed in society? Without it, people who wished to break the law would have little to stop them. Honest people would not feel safe, and victims would be left on their own. Many Jews, and many non-religious people, agree that a fair society needs a system of punishment, as long as it is fair.
Key terms:
Exodus 21:24 says "an eye for an eye, a tooth for a tooth". It can sound like revenge. The rabbis (Jewish teachers) understood it differently. In the Talmud they taught that the person who caused the harm should pay fair money compensation to the victim, for example for the injury, the pain, the medical care and the time lost from work. The saying means that the punishment must match the harm, and must not be worse.
Leviticus 19:15 tells judges not to be unfair, whether the person in front of them is rich or poor. The punishment should be fair and should fit the crime. It should not be cruel, and it should not be a way to get back at someone.
Punishment must be decided by a proper court. Deuteronomy 19:15 says that one witness is not enough to convict someone: there must be at least two. This strict rule of evidence is meant to protect the innocent.
Jewish teaching says that an offender can change. Through teshuvah (repentance), they can say sorry, put right the harm and start again. The Mishnah says that Yom Kippur does not forgive a wrong done to another person until that person has been put right. So punishment is not the end of the story.
Here are the four aims in the spec, with what Jews might say about each, and the strengths and weaknesses.
Keeping society safe from dangerous people. Jews put great value on saving life (pikuach nefesh), so protecting people from harm matters a lot.
Strength: it keeps the public safe. Weakness: it does nothing to change the offender, and the danger may return when they are released.
Making the offender pay for what they did. Jews may point to "an eye for an eye" as the idea that wrong should have a fair price. But the rabbis taught compensation, not revenge, so many Jews reject punishing just to get even.
Strength: it gives the victim a sense that justice has been done. Weakness: it can turn into revenge and does not stop the offender doing it again.
Putting people off crime by showing the cost. Deuteronomy 19:20 says that when others hear of a punishment they will be afraid and not do the same.
Strength: it may stop crime before it happens. Weakness: people who commit crime often do not expect to be caught, so it does not always work.
Helping the offender to change. Teshuvah is at the centre of Judaism. Ezekiel 33:11 says the Almighty does not want a wrongdoer to die but to turn from their ways and live. Many Jews therefore favour punishment that helps people to change.
Strength: it can stop reoffending and gives the offender a future. Weakness: it only works if the offender wants to change, and some victims feel it is too soft.
Most Jews would say that no single aim is enough on its own. Jews also differ: Orthodox Jews tend to stress the authority of the Torah and the rabbis' rules, while Progressive (Reform and Liberal) Jews tend to put more weight on reform and on how the Torah applies today.
(a) Identify three aims of punishment. [3 marks]
(b) Choose one religion. Outline two reasons why punishment is important in this religion. [4 marks]
(c) Explain Jewish teachings about the reform of offenders. [6 marks]
(d) "The main aim of punishment should be to protect society." Evaluate this statement, showing you have considered different points of view. In your answer you should refer to at least one religion. [12 marks]
(a) 1. Protection (1) 2. Deterrence (1) 3. Retribution (1)
(b) Judaism. Punishment shows that the laws of the Torah matter (1), because Jews believe wrongdoing breaks the Almighty's commands (1). It is also important because it gives justice to the victim (1) by showing that the wrong done to them was taken seriously (1).
(c) Jews believe that offenders can change, so punishment should leave a way back (1). The idea of teshuvah, repentance, is central to Judaism (1): the offender says sorry, puts right the harm and starts again (1). The Mishnah teaches that Yom Kippur does not forgive a wrong done to another person until they have been put right (1), so the offender must make up for what they did, for example through compensation (1). Ezekiel 33:11 says the Almighty wants the wrongdoer to turn from their ways and live (1), so reform is better than only making the offender suffer.
(d) Plan. For: protection keeps people safe; Jews value saving life (pikuach nefesh); a dangerous person must be stopped; victims and the public need to feel safe. Against: protection does not change the offender; Jews teach teshuvah and a way back, so reformation matters; deterrence (Deuteronomy 19:20) and fair compensation also matter; punishment must fit the crime and be decided by a proper court; non-religious people may say punishment should be judged by whether it stops reoffending. Possible conclusion: protection is a very important aim, especially for dangerous offenders, but most Jews would say it is not the main aim on its own, because Jewish teaching also stresses fairness, deterrence and a chance to change.
In part (c), name the Jewish idea (teshuvah) and then add a source or example, such as the Mishnah on Yom Kippur or Ezekiel 33:11, so each point is explained and not just stated.