The Treatment of Criminals (WJEC Eduqas GCSE Religious Studies): Revision Note

Prison reform

• There is a long history of prison reformers in Britain, and many of them were inspired by their religious faith

• John Howard was a Calvinist (Protestant) Christian who inspected prisons in the late 18th century

  • At this time, most prisons were privately run for profit

  • He gave evidence of the poor conditions to Parliament

  • He gave recommendations for improvement, including clean running water and access to doctors for inmates. He called for more staff to ensure better safety

• Elizabeth Fry was a Quaker who became a prison reformer in the early 19th century

  • She worked for better education for prison inmates, especially women

  • She tried to find ways to help prisoners reform so that they would not reoffend

  • She held Bible readings for inmates

• Campaigns by reformers such as Howard and Fry led to widespread changes in UK prisons from the late 19th century onwards

Attribution:

Portrait of Elizabeth Fry by Joseph Simpson, Public Domain

Original source:

https://commons.wikimedia.org/wiki/File:Elizabeth_Fry_by_Joseph_Simpson.jpg (opens in a new tab)

Prison life in 21st-century Britain

• According to UK government statistics, the UK prison population numbers about 98,000 (March 2024 data shows a total of 97,700 prisoners)

• Reoffending rates are high, which keeps prison populations high

• Concerns have been raised about the treatment of prisoners, eg overcrowding, poor treatment, lack of access to services

• Opinions differ about the conditions prisoners should be kept in and the extent to which they should be allowed privileges such as access to TVs or computers

• However, all prisoners are entitled to humane treatment that respects their basic human rights

• Many believe that prisoners need to have the opportunity of rehabilitation and reform during their sentence to address the problems that led them to commit crimes

• The government has highlighted the need for reform of prisons, with education as a key priority

  • Only 53 per cent of the prison population have any qualifications, compared to 85 per cent of the working-age population

• There are still prison reform campaigns today. The Prison Reform Trust works across the UK. It aims to:

  • Reduce unnecessary imprisonment 

  • Improve treatment and conditions for prisoners

  • Promote equality and human rights in the justice system

Care for prisoners

• Prison chaplains are ministers or leaders who provide pastoral care for prisoners and their families

• Chaplains have a range of essential roles, including:

  • Counselling to inmates

  • Support and emotional care for a wide range of needs and feelings, such as guilt, fear, loneliness and concern for family

  • Practical support and advice

  • Prayer and spiritual support

  • Working with prison staff, parole officers and volunteers to help with prisoner rehabilitation

  • Supporting the family and loved ones of the prisoner

  • Supporting victims of crime

• Most chaplains are religious, although they do not have to be. The British Humanist Society runs pastoral support networks at prisons including Winchester Prison

  • Non-religious chaplains provide similar support but without prayer and religious discussion

The death penalty

• The death penalty means the state’s execution of criminals who have committed the worst crimes

• It has not been used in the UK since 1969 but is still a common punishment elsewhere in the world for crimes such as murder, drug trafficking and rape

• The purpose of the death penalty is to:

  • Punish the most severe crimes

  • Bring justice to the victims and their families

  • Act as a deterrent to others and prevent further crime

  • Stop that person from committing the serious crime again

Christian attitudes to the death penalty

• Christian attitudes to the death penalty vary. This is because of different interpretations of the Bible and teachings about justice, forgiveness and the sanctity of life

Christian arguments against the death penalty

• The sanctity of life means that only God has the right to take life

• It breaks one of the Ten Commandments:

• Jesus rejected retribution, teaching instead:

• Jesus also taught love for enemies:

• Capital punishment goes against Jesus’s teachings and his example

  • When Jesus was on the cross, he prayed for his executors, saying, “Father, forgive them, for they know not what they do” (Luke 23:33–34)

• Execution removes the chance for repentance and reformation

• It goes against the dignity of the human person and does not uphold their human rights

• There is always the risk of error: A wrongful conviction cannot be reversed

• History shows that the death penalty is not an effective deterrent

• Pope Francis and many modern Christian leaders have spoken out against it, saying it is inadmissible and inconsistent with Christian mercy and human dignity

  • Older Catholic teaching did support execution only if there was no other way to protect society, but newer teaching adds that modern systems make this almost unnecessary

• Quakers have campaigned against the death penalty for almost 200 years because they believe:

  • Every person contains a reflection of the image of God

  • All life must be treated with respect

  • Punishment must always be for reform, never retribution

Christian arguments for the death penalty

• The death penalty is justified in the Old Testament

• Some Christians believe in retribution: If someone takes a life, they should lose their own. This is based on the Old Testament teaching:

• The sanctity of life means life is sacred and holy. Some argue that killing a murderer upholds this by showing the seriousness of taking life

• Jesus never directly said the death penalty was wrong

• In the Middle Ages, the death penalty was used to punish crimes against Church authority

• St Paul taught that people should obey those in authority:

• Some Christians interpret this as support for the state’s right to use capital punishment

• The death penalty is seen as giving justice to the victim and their family

• It is also seen as an effective deterrent, helping to maintain law and order

Muslim attitudes to the death penalty

Muslim arguments for the death penalty

• The Qur’an supports the death penalty for the most serious crimes where justice requires it

• Shari’ah law allows capital punishment for certain offences, including:

  • Murder (qisas / retributive justice)

  • Adultery (in some interpretations)

  • Violent crimes that threaten society

  • Treason or openly attacking the Muslim community

• The Qur’an teaches that life is sacred but may be taken “with just cause” (Qur’an 17:33), meaning in cases where justice requires it

• Some Muslims believe the death penalty protects the ummah by removing dangerous offenders

• Others argue it gives retributive justice (qisas) to victims’ families by matching the seriousness of the crime

• In some Islamic legal systems, the death penalty is seen as a strong deterrent intended to prevent further crime

Muslim arguments against the death penalty

• A growing number of Muslims disagree with the death penalty and call for it to be abolished

  • They support this using the same Qur’an verse as those who support it, but they place greater emphasis on the first part of the teaching: 

• The sanctity of life means all life belongs to Allah, and no one but Allah should ever take a life

• The Qur’an teaches that those who show mercy will be rewarded (Qur’an 5:45)

• Some Muslims allow the victim or family to receive compensation or “blood money” instead of imposing the death penalty

  • Many Muslims support this because it promotes peace and reconciliation

• Some Muslim scholars argue that human justice systems can make mistakes, so irreversible punishments should be avoided

• In countries where the death penalty is outlawed, Muslims accept the law of the land as long as it does not force them to act against their faith

• Many Muslims believe that prison sentences can still protect society while allowing offenders to repent and reform

• All Muslims believe that everyone will face Allah’s perfect justice on the Day of Judgment, so some argue that earthly execution is unnecessary

• A number of modern Muslim thinkers argue that capital punishment has been misused by corrupt governments and applied unfairly, which goes against Islamic justice

Humanist views of the death penalty

• Most humanists oppose the death penalty

• They do not use religious ideas such as the sanctity of life

• They use principles of human rights and compassion to support their views

• Justice should focus on protecting society, supporting victims and giving offenders a chance to reform

• Reasons humanists reject the death penalty include:

  • Human rights: All people should be treated with dignity, even those who commit serious crimes

  • Possibility of error: Miscarriages of justice cannot be corrected once someone is executed

  • Lack of evidence: Research shows the death penalty does not work as an effective deterrent

  • Reform is possible: People can change. Execution removes any chance of rehabilitation

  • Discrimination: In many countries, the death penalty is applied unfairly, often affecting poorer people or minority groups

  • State power: Premeditated killing is wrong, even when carried out by the state