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Eye-For-An-Eye Justice System
Issue
Incarceration has been shown to be ineffective resulting in overcrowded prisons with some convicts returning to a life of crime. Would an eye-for-an-eye policy be more effective as a punitive measure than the current prison system?
Eye-For-An-Eye (Primary Principle)
The eye-for-an-eye principle reflects an ideal that is not based on vengeance but rather represents a fair and just balance of life through the proper reinforcement of one's actions. Jesus may have referred to this when he said:
So in everything, do to others what you would have them
do to you, for this sums up the Law and the Prophets.
Matthew 7:12
This passage reflects that the eye-for-an-eye principle should be adhered to when administering corrective measures. For example, people should not steal from others unless they want to be stolen from, or strike anyone unless they want to be stricken in return. It is a simple principle to live by, and by doing so, helps prevent a person from committing a wrongful act since they would receive similar treatment in kind.
Eye-For-An-Eye (Balanced Reconciliation)
The eye-for-an-eye principle should not only be a measure to live by (to prevent wrongful acts from being committed), but also may serve as a basis to administer fair and proper justice for criminal offenses. Whether the balanced reconciliation effort is personal (to resolve one's mistakes in life), or communal (as a form of public justice).
For to impose greater or lesser reinforcement than the act itself would be an unfair and unjust handling of the situation. Other punitive measures that are customary such as fines, community service, imprisonment, or exile (for failing to uphold the laws of the country) should be used if the eye-for-an-eye principle is not feasible.
As when a young child accidentally harms a sibling with a weapon. Or, if long-term abuse by another causes the victim to harm others. Or, sexual assault situations where it would be inappropriate to return a similar act to the offender. Customary punitive measures should be used when the eye-for-an-eye principle does not fully balance the situation due to unusual or uncontrollable circumstances.
Incarceration, however, seems to be the least effective means of correcting situations since the prison system has failed to deter crime for many years (even going back centuries) indicating that prison complexes should be shutdown. Something else needs to be done to prevent crime and properly rectify situations.
Perhaps, the eye-for-an-eye style of punishment should have priority followed by increased fines and/or community service. For circumstances where the death penalty is not permitted (or cruel/unusual punishment would result), since incarceration is no longer applicable for its ineffectiveness, exile from the country may be appropriate since the offender failed to uphold the laws of the country which justifies their dismissal. If no country accepts the offender then Antarctica would have to suffice.
In general, the eye-for-an-eye equality rule will help people put things in perspective and everyone will know beforehand what would happen to them if they carried out an illegal act since similar action will be returned in kind as balanced reconciliation.
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