Quick Guides – Higher Morality and Justice

Here is another amazing set of revision notes, this time covering the Morality and Justice unit! These were kindly sent in by a former Higher RMPS pupil. Reading through another student’s notes is a fantastic way to consolidate your own knowledge, check for any gaps, and see how different viewpoints can be structured for your exams.

1. The Purposes of Punishment

When the justice system issues a punishment, it usually aims to achieve one or more of the following purposes.

Retribution

The Goal: Punishment should make the criminal pay for what they have done wrong.
Examples: Community service, fines.

Benefits	Drawbacks
Provides a release of anger for victims.	When does the cycle of retribution actually end?
Has deterrent value (e.g., less likely to graffiti if you spend 100 hours cleaning it).	Innocent people have occasionally been executed or imprisoned before proof comes to light.
Shows society won’t tolerate crime without issuing payback.	It is debatable whether issuing the same punishment actually makes the victim feel better.

Deterrence

The Goal: Punishment should put people off committing crime in the first place.
Examples: Prison, electronic tagging.

Benefits	Drawbacks
People avoid doing wrong because they fear the consequences.	There is no reliable way to measure crimes that didn’t happen.
It aims to prevent crime before the damage is done.	Offenders often don’t stop to think rationally about consequences in the moment.
If successful, crime rates drop and society is generally safer.	Is it morally right to punish someone harshly just to make an example of them?

Reformation

The Goal: Punishment should rehabilitate and change the criminal.
Examples: Addiction rehabilitation, educational programs in prison.

Benefits	Drawbacks
Stops reoffending; reformed criminals can even help deter others.	Society often distrusts criminals and doubts they have truly changed.
Offenders leave grateful for help rather than wanting revenge on society.	Reformative treatments are expensive to run.
Protects society long-term by removing the criminal behaviour.	If prison focuses too much on reform, it may become too “cushy” to act as a deterrent.

Protection

The Goal: Protect society from the criminal, and the criminal from themselves.
Examples: Life sentences, the death penalty.

Benefits	Drawbacks
While locked up, the offender cannot commit further crimes.	Unless given a life sentence, the offender is eventually released.
The punishment hopefully puts them off offending again upon release.	Prisons place criminals together, allowing them to teach each other new criminal skills.
The majority of society is kept safe and happy.	Prison time can cause an offender to become increasingly resentful of society.

2. Viewpoints on Punishment

The Christian Viewpoint

Retribution: The Old Testament says, “an eye for an eye, a tooth for a tooth” (Exodus 21:24-25), which seems to justify retribution. However, Jesus in the New Testament teaches, “if anyone slaps you on the right cheek, turn to them the other cheek also” (Matthew 5:38-39), emphasising that forgiveness overrides retribution.
Reformation: Christians strongly support reform because they believe everyone can change and be redeemed, regardless of their past.
Protection: The strong should protect the weak. Society must protect innocent people, but also protect criminals from harming themselves.
Deterrence: Christians generally do not believe in revenge. They believe in justice and forgiving sins, just as they believe God forgives them. Therefore, criminals should be treated justly, not just used as examples.

The Utilitarian (Non-Religious) Viewpoint

Retribution: Utilitarians generally oppose strict retribution because it creates more suffering (for the criminal and their family) without undoing the original crime.
Reformation: Strongly supported if it works. A reformed offender is no longer a danger, which increases the overall happiness and safety of society, while also giving the offender a second chance.
Protection: Supported, as protecting the majority of society creates the greatest good for the greatest number.
Deterrence: Supported if it effectively reduces crime (thus creating happiness). However, Utilitarians would oppose punishments that are excessively harsh just to set an example, as this causes unnecessary suffering.

3. Causes of Crime

Why do people break the law? Different causes raise different moral questions.

Poverty

The Cause: Stealing food or necessities out of sheer desperation.
Moral Issues: Is it a true “choice” if they are desperate? Punishing them (e.g., prison) harms their future job prospects, trapping them in deeper poverty. Are we doing enough as a society to prevent this?
Christian View: The wealthy have a duty to be charitable and ensure everyone’s basic needs are met. Punishments should take personal circumstances into account.
Secular View: Society must work to eradicate economic imbalance through laws, government action, or individual choices (like avoiding exploitative products).

Environmental Factors

The Cause: Being brought up in an environment where crime is normalised.
Christian View: By working to create the “Kingdom of God on Earth,” Christians aim to build a society where crime is a thing of the past.
Secular View: We are responsible for the world we build. Society has a duty to model positive behaviours, set realistic standards, and ensure everyone has an equal chance at a meaningful life.

Psychological Factors

The Cause: Severe mental health issues preventing a person from realising what they are doing.
Moral Issues: Can a person be held fully responsible if they weren’t in control? Punishing them as a deterrent is ineffective since the crime wasn’t premeditated. How will prison impact their mental health?
Christian View: Focuses on praying for healing and showing compassion.
Secular View: Focuses on practical support, looking to organisations like the Scottish Association for Mental Health (SAMH) to offer help and rehabilitation rather than just punishment.

4. UK Responses to Crime

Custodial Sentences (Prison)

The offender is locked up and freedom is taken away, protecting society from their behaviour.

Benefits: Prisons offer reform programmes (rehabilitation, education, vocational training). Removing criminals keeps the community peaceful. The threat of prison teaches children to respect the law.
Drawbacks: Extremely expensive to run (£264 million reported for the Scottish prison service in 2013-14). Prisons can act as “schools of crime” where gangs form. Imprisonment punishes the innocent family members by removing a source of income.

Non-Custodial: Electronic Tagging

The offender wears an ankle tag enforcing a physical boundary and curfew.

Benefits: Much cheaper than prison (around £2000 a year). Frees up space in overcrowded prisons. GPS tracking is vital for monitoring specific offenders.
Drawbacks: Curfews don’t stop criminals from offending during the day. It doesn’t physically stop violent behaviour from occurring at home.

Non-Custodial: Fines

The offender pays a sum of money, often based on their income.

Benefits: Keeps minor offenders out of prison and saves government money. Acts as a strong deterrent for many. Can be tailored to a person’s specific financial situation.
Drawbacks: Fixed penalty notices (like parking tickets) hit the poor much harder than the rich. High reoffending rates for minor crimes suggest fines don’t always work as a deterrent.

Non-Custodial: Community Payback Orders

The offender is sentenced to unpaid community work.

Benefits: Highly cost-effective (approx £3000 compared to 12x that for prison). Allows the offender to give back to the community and prove they have changed.
Drawbacks: It can be seen as public shaming. If criminals view it as a “light” sentence, it lacks deterrent value. The offender remains in the community, offering less immediate protection to the public.

5. Capital Punishment (The Death Penalty)

Methods

Method	Advantages	Disadvantages
Hanging	Quick and relatively painless if the neck breaks.	If the neck doesn’t break, death is slow and painful.
Electrocution	Rapid death.	Traumatic; death isn’t always instantaneous.
Lethal Injection	Generally considered the most humane and painless.	Requires a medical professional (who is trained to save lives, not end them).
Beheading	Quick death if the blow is efficient.	Highly dependent on the executioner’s skill; can be prolonged if mistimed.

Arguments FOR Capital Punishment

It acts as the ultimate deterrent against murder.
An executed criminal absolutely cannot commit further crimes.
It makes the public feel safer.
It reinforces the moral belief that extreme bad actions result in extreme consequences.

Arguments AGAINST Capital Punishment

Flaws in the justice system guarantee that innocent people will occasionally be executed.
Statistics show it doesn’t effectively deter violent crime. (In the USA, states with the death penalty often have higher murder rates than those without).
It is incredibly expensive due to the prolonged legal appeals process.

Viewpoints on the Death Penalty

Christian (For): “An eye for an eye” (Exodus) suggests life for a life. The Bible teaches the strong must protect the weak, and the death penalty permanently removes a threat.
Christian (Against): The Sixth Commandment states “Thou shalt not kill”. Life is a gift from God. Jesus taught forgiveness (e.g., the Parable of the Lost Son), and execution removes any chance for the criminal to seek redemption.
Humanist (Against): The British Humanist Association opposes it because it fails as a deterrent and the state inevitably ends up killing innocent citizens by mistake. It is illogical to teach that killing is wrong by killing someone.

6. Making Moral Decisions

How do religious people actually decide what is morally right or wrong?

Scripture: Finding direct guidance or laws in Holy texts.
Role Models: Trying to follow the example set by key religious figures (e.g., “What would Jesus do?”).
Prayer: Asking God directly for moral guidance.
Community: Discussing and debating dilemmas with other followers or religious leaders.
Divine Will: Following guidance that is deeply believed to have been given directly by God.