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This is our weekly theological article.
It is a common complaint of the media that criminals are not given an appropriately severe punishment. An article in The Express, SNP Plot to Scrap Short Jail Sentences Could See Thousands of Criminals Avoid Prison, argues that plans to introduce a “presumption against” sending people to prison will mean that thousands of people convicted of serious crimes will avoid prison. In another article, this time from the Herald Sun, prosecutors in Australia complained that the sentences criminals received were not in line with community standards.
Of course, this represents the common misconception, perpetuated by the media, that the judiciary exists to serve the standards of the community. It does not. Rather, the Justice System exists independently of both public opinion and politics. It bases its decisions on equality before the law and justice for all.
Much of the media’s rhetoric is designed to feed off of our very human desire for revenge based justice. When we read about a rape or child murder in our daily newspapers, often our first reaction is to wish all kinds of cruel and inhumane punishments to be exacted on the criminal guilty of those crimes. Our indignation turns us into barbarians, not civilised people.
In his encyclical, Dives in Misericordia, Pope John Paul II warns of how justice can quickly devolve into cruelty and hatred when it is not tempered by mercy:
“It would be difficult not to notice that very often programmes which start from the idea of justice and which ought to assist its fulfilment among individuals, groups and human societies, in practice suffer from distortions. Although they continue to appeal to the idea of justice, nevertheless experience shows that other negative forces have gained the upper hand over justice, such as spite, hatred and even cruelty.”
God tempers His divine justice with mercy. If He were to judge us purely on our thoughts and deeds we would surely be condemned to hell. But in his mercy and love for us, He allowed his only Son to suffer and die on the Cross so we may be freed from the shackles of sin and death.
St. Thomas Aquinas wrote, “mercy without justice is the mother of dissolution; justice without mercy is cruelty.” It is precisely this idea, that justice ought to be tempered by mercy, that should drive the way we treat those who have harmed us. As Isabella tells Antonio in Measure for Measure: “it is excellent to have a giant’s strength, but tyrannous to use the strength of a giant.” We should never forget that the person who has wronged us is a human being who is as loved by God and as deserving of His forgiveness as we are.