May 8, 2000

 

NO JAIL, NO BAIL, NO FAIL

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We keep hearing about it. The US has an extremely high prison population, it's very expensive to keep people incarcerated, and everyone wonders what good it does.

Law and order types want to put all the perps in jail, and throw away the key. More soft-hearted individuals tend to blame "society" but still wish that there was far less crime.

We call it a penal system, but exactly who is being penalized? Many criminals do little hard time; four out of five federal and state prison inmates are repeat offenders. Meanwhile, the victims bear the initial cost of the crime AND they get to pay for the housing, feeding, clothing, and entertainment of the perps.

If a monetary fine IS levied against an offender, it is awarded to the government, and not the victim or his next of kin. As an added bonus, there's always UNICOR, also known as Federal Prison Industries, Inc., that pays inmates anywhere from $0.22 to $1.10 per hour to create goods that compete with normal private enterprise.

Not a pretty picture.

Author Wilmot Robertson suggests that we go back--way back--to a system that would seem to solve many of our current problems.

Old Testament law (the Pentateuch) never incarcerated anyone, except in cases where they were to be held, for very short periods, as they awaited trial and sentencing. Thus, incarceration as a punishment did not exist.

Once a criminal was sentenced, the judgment was carried out immediately. If the offense was a capital crime, the perp was summarily executed. In non-capital cases, he had to make restitution. And, if he refused to make restitution--no problem. That was considered contempt of court, and contempt was a capital offense. (Deuteronomy 17:8-13)

Under such a system, restitution would be highly favored by the perp. Moreover, only the criminal paid for his crimes.

The restitution varied from two to five times the value of what was stolen or damaged. If the convicted party could not make restitution because of financial reasons, he was sold into servitude until his debt was paid. (Exodus 21:33- 37; Exodus 22:1-13)

The only time, in the entire Old Testament, that imprisonment is mentioned as a form of punishment has to do with the Decree of Artaxerxes. (Ezra 7:11-26) But, note that this was a decree issued by a pagan Babylonian king, and is not part of Old Testament law.

Indeed, the prophet Habakkuk decried the breakdown of law and order, and blamed it on his people straying from the rigorous practice of God's law. (Habakkuk 1:4)

There are many who would regard this system as too harsh, and there are those who would simply dismiss it as an anachronism. Yet, whatever side you line up on, most would agree that there is still wisdom in what Habakkuk said--2600 years later.



 

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