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Crime andscalesIts Punishment
The voice of your brother's blood is crying to Me from the ground.
"שׁפך דם האדם באדם דמו ישׁפך כי בצלם אלהים עשׂה את־האדם׃"
"ὁ ἐκχέων αἷμα ἀνθρώπου ἀντὶ τοῦ αἵματος αὐτοῦ ἐκχυθήσεται, ὅτι ἐν εἰκόνι θεοῦ ἐποίησα τὸν ἄνθρωπον."
"Whoever sheds the blood of man, by man shall his blood be shed, for God made man in His own image."
"кто прольет кровь человеческую, того кровь прольется рукою человека: ибо человек создан по образу Божию;"
परमेश्वर ने मनुष्य को अपने स्वरूप में बनाया है। इसलिए जो कोई किसी व्यक्ति का खून बहाएगा, उसका खून व्यक्ति द्वारा ही बहाया जाएगा।
"凡流人血的,他的血也必被人所流,因为神造人是照自己的形像造的。"
"سَافِكُ دَمِ الانْسَانِ بِالانْسَانِ يُسْفَكُ دَمُهُ. لانَّ اللهَ عَلَى صُورَتِهِ عَمِلَ الانْسَانَ."
"...by MAN shall his blood be shed..."


Genesis 4:10
The medieval myth
of the impunity
of heads-of-state

needs to be ended
worldwide!
Genesis 9:6
a statement of
responsibility
which continues
today!
"Laws, like the spider's webs, catch the small flies and let the large ones go free." (Honoré de Balzac)
JUSTICE DOES NOT 'BELONG' IN ANY SENSE TO A DEPARTMENT OF JUSTICE, ITS AGENCIES, OR TO ANY JUDICIARY.
JUSTICE BELONGS ONLY TO VICTIMS, POTENTIAL VICTIMS, AND ULTIMATELY TO THE CREATOR OF ALL. ALL ELSE ARE SIMPLY PROXIES ACTING ON THEIR BEHALF.
Therefore, it is a divinely ordained human responsibility which is not lessened in any way by ineffective government, and for which the hysteria of vigilantism ('mob justice') cannot be a substitute.
Accordingly, whoever takes a human life for selfish purposes (such as Russian President Vladimir Vladimirovich Putin) has lost the right to life!
Sincerity is not enough!
Only Results Count!
"When justice is done, it is a joy to the righteous, but terror to evildoers." Proverbs 21:15 ESV
Too often
the local authority's response to a serious crime is to find 'someone' to blame, rather than
actually trace the culprit and execute justice on behalf of the victim/s.
Victims of crime (or their immediate family) must, must, must, be heard in court before sentencing, concerning the effects... of that crime, or,
1. the court itself is not just;
and,
2. justice is incomplete!
Note: the purpose
of imprisonment is not rehabilitation. That is an extra which is to the long-term advantage of a community.
The primary purpose is punishment in proportion to the crime inflicted on the community.
Judicial officers please note:
Victims are more than
witnesses for the Prosecution!
Victims are justice title-holders
for what they have suffered!
Do not leave it to the police. Your community needs YOU to be watchful and to care.
See Canada link:
'Prince Rupert Justice Portal' below
See also
some tragic examples of
See South Africa link:
'Western Cape Justice Portal' below
 2005 Massacre of Iraqi Civilians by US Marines    military crimes    Israeli Military Crimes in Gaza, Palestine, 2009 
The essential
responsibility of any society is carried in Christ's repetition of God's basic command to all Israel –
"You shall love your neighbour as yourself"
Leviticus 19:18; 19:34; Matthew 19:19; 22:39; Mark 12:31; Luke 10:27; Romans 13:9; Galatians 5:14; James 2:8.
It is a general
command – which in effect means treating your community as your extended family in directly caring for its welfare...
and for any individual within that community. From this arises both responsible government, and a crime-free society!
See:
Human Government
1. The Responsibility Principle  
Human responsibility for the judicial supervision of social behaviour begins in Bible history in God's declaration to humanity after the Global Tsunami of Noah.
 
                        God said to humanity –
The term 'man' is used in a
generic sense for humanity,
Genesis 9:5-6 has
'ambassadorial'
significance
The Primary Principle:
"for your lifeblood I will require a reckoning:
from every beast I will require it and from man.
From his fellow man I will require a reckoning for the life of man.
Whoever sheds the blood of man, by man shall his blood be shed
FOR God made mankind in HIS OWN image
[as His representative]."
This
statement in verse 6 above is a phonetic triple-rythmn-structure (in contrast to its surrounding text) which reflects its pre-literary antiquity – that is, its phonetic structure was a memory-aid from long before Genesis was written, from even before the art of writing had developed. From the earliest time then, this summary-form encapsulates human responsibility for justice and its basis, in the unique relationship to its Creator that the human race constitutionally carries as His representative – as in His 'image'.
 
  Three points arising from its context need to be born in mind –
 
I.
In contrast to the pre-Global-Tsunami / World Flood state of humanity (in which Cain and Lamech's punishment was only in God's hands), this statement declares humanity to now be directly responsible for the administration of justice. This shedding-of-blood statement (as the most serious of crimes) subsumes all other crimes under it.
 
II.
Humanity's unique constitutional design among all biological life as God's direct representative, ambassador, surrogate, toward all earth-life (in God's 'image' to represent Him, Genesis 1:26-28), makes killing a human being (in contrast to killing any other form of life) so serious that it requires the perpetrator's own life be forfeited, thereby referring his/her existence back to God, the originator of humanity's 'breath of life' consciousness (Genesis 2:7).
 
III.
The context of this command of judicial-responsibility (Genesis 9:2-7) is the licence/authorization to use any life form for food (except its blood) in order to grow and spread the human family.  Thus killing animals for food, made from the same soil as humanity, with their many characteristics common with human beings, needed a strong and sharp dividing line to be drawn against killing human beings. It is within this perspective that the beginning of human responsibility for penal justice is now presented in the above declaration in Genesis.

 
2. The Equivalency Principle  
Gandhi's well

Crime & Punishment Balance
known quote – 'eye for an eye would blind the world' – is typical of the gross misunderstanding and ignorant twisting of the Bible's teaching on criminal punishment. It is not the same as victim qisãs (retribution) under Islam's Shari´ah law.
 
God's original statement in this quote is –
 “But if there is harm, then you shall pay:
life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.”
However, its context could not make its meaning more plain!
Exodus 21:23-25.
This
statement is introduced by the case of two men fighting who accidentally injure a pregnant bystander causing a miscarriage. The principle of equivalency is then stated in the above scripture and immediately, in the very next verse, illustrated by the practical example of a slave receiving his freedom because his owner had caused the loss of his eye (Exodus 21:26).
balance beam
 
The slave-owner did not have his own eye removed because he had caused the loss of an eye (as in qisãs the victim could require). Social equivalency is simply applied! How hard is that for Gandhi and other critics to understand?
Recently,
in the USA it has been suggested that 'eye for an eye' means that capital punishment must thereby be restricted to the crime of murder. This is also and no less a perversion of the equivalency principle, for this principle addresses value and not method. This perversion also implies that there is no crime worse than murder, which of course is not what the Bible says.
 
The issue of justice from Sinai is that the scales of justice between crime and its punishment must balance!
 
Crime and punishment must balance each other. That is it! It's the reason why the balance scale became the symbol of justice.
 
Justice is not a balance between the rights of the victim and the rights of the offender, as some officers in the Canadian judicial system currently believe. True justice balances crime and its punishment, and only crime and its punishment!
 
An examination of more Sinai Law simply continues to illustrate the same principle, a principle that has long been accepted by the courts (if not always implemented) of every truly civilized nation.
Unfortunately,
it has become acceptable within judicial circles to match the sentence for a crime to the individual criminal rather than the crime alone. In other words, an elderly person receives as shorter sentence than a younger person for exactly the same crime. This violates the Biblical principle of justice and confuses justice with mercy which are not compatible and only reconcile in Jesus Christ.
It is also
common to think that a prison sentence somehow automatically fulfils this equivalency principle. This is not necessarily so!
 
Author Theodore Dalrymple writes in his book “Our Culture, What’s Left of It,” on the common debt-to-society concept which has so influenced much modern thinking:
"When prisoners are released from prison, they often say that they have paid their debt to society. This is absurd, of course: crime is not a matter of double-entry bookkeeping.
You cannot pay a debt by having caused even greater expense, nor can you pay in advance for a bank robbery by offering to serve a prison sentence before you commit it.
Perhaps, metaphorically speaking, the slate is wiped clean once a prisoner is released from prison, but the debt is not paid off." [emphasis mine].

3. So:
Sentencing and Impartiality
 
Exodus 23:2-3:
 
“Do not be moved to do wrong by the general opinion, or give the support of your words to a wrong decision:
But, on the other hand, do not be turned from what is right in order to give support to a poor man's cause.”
Leviticus 19:15:
“You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbour.”
In this
case cited above, of the woman who miscarries as a result of accidental injury by two men fighting (Exodus 21), the prescribed method for the carrying out of sentence is very interesting.
 
 
In the historical context of Israel's culture at the time, although it is the husband of the injured woman who must give input as to the sentence, it is the judges who must then determine the manner in which sentence is carried out (in this case a fine).
The Florida, US, sentencing on Wednesday 6 April 2011 of Phillip R Greaves (who wrote and distributed a paedophile guidebook with obscene material depicting minors engaged in harmful conduct) to merely two years 'probation' to be served in his home state Colorado, without even needing to register as a sex offender, is a shame upon the American nation.
 
This input from the husband, before sentencing, reminds us of what is often forgotten in our courts today. Justice is not owned by the relevant authorities responsible for its administration!
 
Justice really belongs only to the victim/s of the injustice. The necessary authorities (for providing legislation, policing, judicial implementation, and penal practice) are actually acting on behalf of the victim's interest (not the state) to ensure full, fair, and proper administration of justice.
Although it is not often the practice, the victim of a crime ought always to have the right, after trial and before sentencing, to address the court concerning the nature of the injury suffered and the implications of such injury for the victim. To deny this is to not understand the very basics of justice as it is presented in the Word of God.
 
Encouragingly, for the first time in the history of international criminal justice, victims have the possibility under the 2002 Rome Statute of the International Criminal Court (boycotted by the USA, Israel, and others) to present their views and observations before the World Court.
 
 
Unfortunately, victims are too often treated merely as witnesses, and their ownership of justice for their injury is violated without the authorities even realizing this. Assertion of this right may even raise justifiable fears of vigilantism and warnings to not take the law into one's own hands. But it is only in the hands of the court and its officers by proxy on behalf and for the sake of the injured party.
Judicial Injustice?
Justice
never becomes the property of the court. But it remains its responsibility.
 
Military Courts
It has been common where crimes are committed by members of the military against civilians that their criminal conduct is dealt with by a military court which then tends to have a bias in favour of military personnel and it becomes simply an examination as to whether the proper 'military protocols' were followed rather than justice for the victim. This frequent bias invalidates the court itself!  
The
purpose of justice in each individual case is redress to the victimnot the rehabilitation of the offender. As worthy a motive as rehabilitation of the guilty may be, that is not justice and it lies beyond the competence of the court, any court, even God's Court.
 
 
Rehabilitation is restoration and a work of mercy. Mercy and justice conflict with each other by their intrinsic character.
Justice Does Not Rehabilitate! That is called Mercy, which is the exact opposite of justice.
 
Mercy means one does not receive what one deserves. Justice means one gets exactly what one deserves! The two conflict directly. In Christian terms, this conflict is what happened on the Cross of Christ in which justice was satisfied by the punishment of the innocent on behalf of the guilty. This reconciliation does not apply to the behaviour of human courts – ever!
 
Justice is owned by victims and potential victims, on whose behalf the court acts. The Bible's 'neighbour-love' command requires that each person treat the injured party as seriously as if it were their own injury.
 
For
this reason, the beauty of this Bible illustration (Exodus 21:22) is given to us to bring reconciliation between –
• 
the rights-of-the-victim, represented in this case by the 'husband'; and,
• 
the impartiality-of-the-court, represented by the 'judges'.
Thank You, Lord,
for the illumination of
Your precious Word!
So, in
this manner then, the principle of equivalency between crime and its punishment is preserved.
 
Yet sadly, the modern Human Rights ideology, in Canada for instance, appears to have sometimes changed the symbolic Balance-Scale in the hand of Justice from meaning a balance between crime and its punishment – to being a balance between "the rights of victims and offenders"*, a subtle shift/perversion which appears in judicial practice to obscure the justice of full redress owed to every victim of a crime.

*The quote in inverted commas is from the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003.
Recently
in South Africa (2012), twenty-nine sexual offences in terms of its Sexual Offences Act were declared by a full bench of the Cape High Court to be not crimes simply because the named legislation did 'not specify penalties' (each criminalization clause did not have a penalty clause attached). This decision betrays an ignorance of the essence of justice itself, and that by senior judges. The legislators in parliament who produced this legislation (over a ten-year period) had apparently assumed that the penalties for the named crimes could be left to the discretion of the courts, a discretion which these senior judges in effect rejected or failed.
 
Justice does not derive its authority from legislation of any kind, even if that legislation is contained in the Bible. Legislation determines the parameters within which the judicial process must function but is not its source, its authority. The Cape High Court in this judgment debased the essence of justice to nothing more than an invention of a human government. This kind of failure is an invitation to vigilantism.
How judges invite
public vigilantism!
Eight brutal vigilante-kiilings in Cape Town's Khayelitsha township alone in the last 3-months simply demonstrates this loss of public confidence in the justice system.
(The Times, May 22, 2012).
In all the
above issues, the Creator of all things has the ultimate interest.
For,
apart from the moral character of God's nature from which the essence of justice arises, any object that is used or abused in a crime; any person who participates in or is victimized by a crime; any relationship of any kind that is violated; only occurs by misappropriation and abuse of the Creator's creation.
This
universe is His!
He, as owner of all things, is therefore the final judge in all things.
 
 
"To do righteousness and justice is more acceptable to the LORD than sacrifice [religious practice]."
Proverbs 21:3 ESV
 
Notes RESPONSIBILITY  
The responsibility
of any judicial system is more than to evaluate accusations of wrong doing and to pass sentence based upon the evidences presented.
 
As
part of a legislative and enforcement framework in any society, the responsibility of the judiciary is also to protect the innocent, the general public, as much as it is ever responsible to punish the guilty. Therefore beyond issues of crime and its punishment –
See:
 This Day in Wikileaks 


Global Witness
Global Witness
Corruption only works when it is hidden from sight. With their investigations, research and lobbying, Global Witness brings into the light the hidden deals and conspiracies which can hold back the development of entire countries, and oppress their people.
 
the protection of human society is the ultimate purpose for the existence of any judiciary,
  as it is for the existence of all government itself.
Here also,
the right of an accused to be released on bail pending trial must be respected, for every accused remains innocent until proven guilty.
Bail may be denied on three grounds only.
1. 
There is a concrete probability that the accused may interfere with the police investigation.
'hamper'
2. 
There is a real possibility that the accused may tamper with evidence.
'tamper'
3.
There is a real possibility that the accused may abscond.
'scamper'
Yet
in the George Zimmerman trial for the shooting dead of an unarmed civilian (Florida, USA), the comment of juror B29 that Zimmerman had a lot to answer for: "George Zimmerman got away with murder, but you can't get away from God" (apparently through lack of evidence), is understandable, but does not in any way lessen human responsibility to God for justice which God Himself placed upon humanity (Genesis 9:6).
Sadly,
it is also to be noted that in some localities the response of law enforcement after a crime is committed tends to be –
'who can we blame?' – rather than to find the person who actually committed the crime.

  Crime Prevention
For those
who care, and for those who do not but are employed to do so –
(TO LAW-ENFORCEMENT)
it must always be remembered that the three essential elements in crime prevention, to diligently aim at, are –
1.  certainty of detection;
2.  speediness of process between arrest and trial; and,
3.  certainty of punishment.
Beyond political assurances, it is these three that help build public confidence and hence public cooperation with law enforcement agencies. WikiLeaks cables showing conversations between U.S. and Mexican authorities have revealed that –
"prosecution rates for organized-crime-related offenses are dismal; 2% of those detained are brought" to court.

  Illegal Evidence Procurement
(TO THE JUDICIARY)
Governments have initiated military conflict in foreign states based on evidence illegally obtained and claimed a 'just war' vindication of their actions. Yet, when the matter is one of public welfare or safety, courts have often dismissed valid evidence of guilt simply because it was not legally obtained. This hypocrisy actually makes justice a technical pretence. It would be wiser to separate any illegal act committed in evidence procurement from the truth-factor in the evidence itself.
 
 
Recently in Canada, a transnational illegal drug smuggler was freed of all charges, although found in possession of his illegal cargo, simply because the search of his vehicle, which provided the evidence against him, was based only on a suspicion of the arresting officer.
 
 
This system of protecting the guilty by the legal technicalities of evidence-procurement
defeats the very purpose of law enforcement and the existence of the judiciary.
 

  Statute of Limitations
Please Eliminate Now!
All Statutes Of Limitations For
Child Sex Abuse!
See:
FBI sex-offender register
Madeleine McCann age-progressed to nine-years. Click for update!
age adjusted
See: Suspect's e-fit picture
This legislation carries the inherent danger of rewarding dishonesty if the crime escapes detection for long enough. No statutory act of any country or community can ever undo or lessen the responsibility for justice of every community toward the Creator, the Supreme Judge, concerning the treatment of anyone. The responsibility remains, regardless! Culpability does not diminish with the passage of time.
The Bible's analogy of "what you sow that shall you also reap" applies to communities as much as to any individual.
Therefore, anyone who cares at all about the future of their community will be actively concerned about unresolved justice issues in their community – for the sake of their own children's future.
Anyone with information on the May 2007 abduction of Madeleine McCann (Praia da Luz, Portugal)
is urged to contact the London Metropolitan Police at +44 2071580 126
(refer Detective Chief Inspector Andy Redwood)
The Portuguese authorities closed their investigation and have refused all appeals to reopen it,
until it became an embarrassment and even then simply to cooperate with the UK police' continuing investigation.
Please disregard the slander against the McCann's by disgraced former Portuguese police chief Goncalo Amaral who enriched himself through their tragedy.
In April 2015 a Portuguese court awards the parents of Madeleine £357,000 damages against d ex-police chief Goncalo Amaral, who led the search for their daughter,
following his claims about them in his book that the McCanns had faked Madeleine's abduction, and he must also pay interest in excess of £70,000.
In October 2015, the number of British Metropolitan Police staff investigating the disappearance of Madeleine McCann is being dramatically reduced, from 29 to four. Despite the move, Scotland Yard insists the investigation has not yet reached its conclusion and "there are still focused lines of investigation to be pursued".
Madeleine was three years old when she vanished while on a family holiday in Portugal in May 3, 2007.
In April 2016, Home Secretary Theresa May grants police an additional £95,000 to extend the five-year-old inquiry for a further six months. The nine-year anniversary of Madeleine's abduction was marked by her heart-broken parents with a prayer meeting in the village of Rothley in Leicestershire where they live. The McCanns are helping to promote a single, called "I Hope", which is being released by the charity Missing People on May 20 ahead of International Missing Children's Day.
It is performed by relatives of missing children alongside stars including Rick Astley, Chesney Hawkes and Lesley Garrett.

Cultural Abuse of Justice
 
For instance:
• America imprisons a higher proportion of its citizens than anywhere else in the world, and Louisiana more than anywhere else in America. It is estimated that 14 out of every 1,000 adults in the state are in prison.
• African-American Robert Jones, who was jailed in the 1992 (for 23-years) for killing a young British tourist in New Orleans, a crime another man (Lester Jones) had already been convicted of, but he was nevertheless prosecuted (by Fred Menner).
Judge Calvin Johnson who sentenced this young father to life in prison now says his skin colour sealed his fate.
 
 
• African American, Moses-EL, serves 28-years for attacking a woman despite the fact that the victim named someone else when originally asked who assaulted her. In 1988 she then identified Moses-El and said his face came to her in a dream. He won a legal bid for DNA testing of the evidence, but Denver police threw it away, and then in 2008 the Colorado governor fought legislation that would have given him a new trial.
• In 2015 judge Clarence overturns Moses-EL's rape and assault conviction (after 28-years), saying he would likely be found innocent if the case went to trial again, but prosecutors are still deciding whether to try him again.
 

 Political Abuse of Justice
While
it is necessary to protect the heads of state in office from frivolous law suites being used as a political tool against them, history has demonstrated that criminal immunity of leaders has not served public welfare.
 
(TO ALL)
For 300 years (from the Peace of Westphalia in 1648 until the Nuremberg Nazi war trials) heads of state were regarded as legally immune from criminal prosecution for their crimes, no matter how terrible their crimes may have been. For instance, the United States government insisted on this legal immunity for the German Kaiser at the end of World War I, in spite of Britain's insistence that his unprovoked invasion of Belgium and unrestrained use of submarine warfare against commercial shipping deserved punishment.
International Criminal Court
Established July 2002
Global Policy Forum
Also then: Serbia's Milošević (unfortunately deceased) regarding the Bosnians; Iraq's Saddam Hussein (executed) regarding the Kurds; Liberia's Charles Taylor regarding Sierra Leone; and others who will certainly follow concerning Darfur, Zimbabwe, etc, must be seen to be held accountable for their actions, for public justice to enjoy the confidence of the public it is intended to serve.
See also:  
Global Policy Forum's 'Rogues Gallery' – including US Senator Bob Kerrey (Thanh Phong Massacre); Henry Kissinger; Ariel Sharon (Lebanon massacres); Joseph Kony (LRA massacres on-going); and General Ntaganda of the DRC
plus Mengistu Halle Mariam (mass murderer) given refuge from justice in Gunhill, Harare, Zimbabwe (sentenced to death 26 May 2008 for genocide in Ethiopia); Sri Lankan government executions of prisoners and shelling of Tamil civilian areas, etc.
See also Canada's Border Services Agency's list of war criminals wanted in Canada: HERE.
  Justice delayed is justice denied!  
Remember:   Political morality is no higher than personal morality. See: America's CIA
Whether
the political motivation for the disregard of justice is economic in international trade, or national safety in Cold War 'balance of power' situations (such as tolerating the vicious Khmer Rouge1 criminal rule in Cambodia), self-interest2 has been consistently counted higher than righteousness; and self-preservation valued higher than justice: so national-safety still continues then to turn a blind eye to foreign atrocities. This is as evil nationally today as it is ever evil personally, and equally accountable accordingly.
1A product of Charles de Gaulle's
'Paris Institute of Political Studies'.
2US President Clinton's vetoing of repeated requests by the Canadian General of the UN force in Rwanda for reinforcement to prevent the looming massacre of Tutsis.
In
recent times the call by some African leaders for an African court of Justice to 'prevent' foreign (non-African) interference at its core is another attempt to exempt African political leaders from justice for their actions,
But
God's morality does not change, and all will personally face Him, regardless of their belief-system, as accountable according to His morality and no less, for which humanity was originally morally designed (hence its awareness of guilt). Ignorance may mitigate this judgment, but nothing changes the standard of that judgment!

  Government Vigilantism
State
sponsored vigilantism by its military or security agencies, such as in the extra-judicial killings carried out in foreign countries in the past by Russia, Israel, and the USA, is no more moral than individual vigilantism; and modern history has also shown it to be no less subject to errors of mistaken identity! The International Criminal Court is available for those countries that carry a real respect for justice in more than window-dressing compliance.
Such as:
Israel's Lillehamer
(TO ALL)
All justice requires sentencing-impartiality (3 above) and therefore neither the prosecuting nor the arresting agency must ever be allowed to be the agency applying justice to the criminal.
As a consequence al-Qa'eda is stronger today than before the killing of Osama!
This
surely applies even if the accused person has publicly confessed complicity in the crimes, such as Osama bin-Laden. The only justification for any form of vigilantism at any level is to stop a crime in process. Outside of this, it is a crime!

  Military Court Justice Subversion
(TO THE USA)
The existence of a separate judicial system, such as in the USA, which falls outside the ambit of the protection of human rights enshrined in a national constitution violates the essential impartiality of justice.
Note: Guardian Article.
 
The recently signed Defense Authorization Act which allows the US military to detain its own citizens indefinitely without trial demonstrates this endemic injustice in the very existence of separate judicial systems within the same country which disallow equal application of the constitution.
 

  Parole Subversion of Victim Justice
(Parole is referred to
in the UK as 'license')
.
In 1984, retired Canadian Provincial Judge Les Bewley wrote an essay The Breakdown of the Criminal Justice System in Canada* which contains the following insightful comment –
“Fewer than three per cent of federal prisoners now serve the full sentences imposed by the courts.
As a direct result of this clearly unconstitutional butchery, no trial judge in Canada has any expectation that his sentence will be honoured; the worth of judicial coinage is shamefully debased; the hard and dedicated work of police officers is mocked;
and every crook or would-be crook in Canada is vastly encouraged to commit even more crimes,
and is not deterred, because he knows full well that the court’s sentence: to put it politely – ain’t worth spit.”
*Apparently written for the Vancouver Sun. (Judge Bewley died May 28, 1988, aged 71)
 If a considered judicial sentence is able to be reduced by any factor that is not a mitigating factor relative to the criminal sentence itself, 
it is an abuse of justice and a violation of victims rights without redress for the victim.

  Detention without Trial
See list of illegally US-detained
prisoners at Guantánamo:
with individual details!

 
To deny liberty to anyone indefinitely is a violation of the fundamental principle of justice. The fact that evidence is still being gathered is not a valid reason for detention. Only public safety or flight-risk are issues to be considered, and even then concerning granting bail, it is never an issue of innocent-until-proven-guilty for a bail hearing is not a trial. If flight risk is not a factor, it is only an issue of probable risk to public welfare!
(TO THE GOVERNMENT)
Some countries, such as Canada, allow the issuing of security certificates for indefinite detention without trial by the authorities when it appears to be in the national interest. This is unjust, as also the indefinite detention of immigrants/non-citizens authorized under America's Patriot Act of 2001.
In the
Israeli occupied West Bank of Palestine, civilians arrested are often imprisoned indefinitely without trial, as Israeli claims to apply military jurisdiction. This is a basic violation of justice in both principle and process.
Alleged evidence against any accused must be testable before an impartial court of justice.
 

  Concurrent Sentences
2 October 2013: Judge Mabesele (Johannesburg High Court, South Africa) sentenced parents of a 10-month-old baby whom they had raped and beaten to death to '3-years for culpable homicide' and '15-years for rape', served concurrently. So effectively –
no penalty
for beating their child to death!
(TO THE JUDICIARY)
Concurrent sentences pay lip-service to justice and they devalue the victim. Where mitigating circumstances apply they must affect the sentence itself and not effectively nullify a sentence by making it concurrent with another; that is, effectively non-existent as far as the guilty person is concerned.
 
Judicial technicalities that demean effective justice for individual crimes are an offence before God.

  Trading in Justice
(TO THE PROSECUTION)
The common practice by prosecutorial services to trade lighter sentences for the sake of cooperation by the accused, and so save them work or enable a successful prosecution, too often leads to inequity in sentencing and violates the principle that justice needs to be seen to be done. When a judge imposes a plea-bargained sentence, it constitutes an avoidance of the duty to conduct a public hearing and decide, alone, without the contrivances of counsel, a sentence that squares with the facts.
Plea Bargaining
corruption of justice
Retired Judge's
Comment
Retired Judge of Canada's Vancouver Criminal Division of the Provincial Court of British Columbia, Justice Wallace Craig,
comments –
"Plea bargaining has been rampant for decades and shows no sign of diminishment. Cries of injustice from victims of crime are studiously ignored by a judiciary that views plea bargaining as a major factor in efficient processing of cases".

In South Africa's
Criminal Procedure Act
Plea Deals: Section 105A
Immunity Deals: Section 204
'Glenn Agliotti' &
'John Stratton'?
for the killing of Kebble?
Sadly:
encouragement for 'plea-deals'
came from Washington's
'Bureau of Justice Assistance'

 
in June 2015
South Africa traded justice
for political gain concerning
the ICC Dafur-genocide
warrant of arrest for
Sudan's president al-Bashir.
The
confidence of the public requires visible and equitable justice, in order to retain public cooperation and to avoid fuelling nascent vigilantism out of sympathy for the victim of the crime.
To
this violation of justice should also be added the shameful injustice to victims of prisoner-releases because of prison overcrowding or because of the cost of imprisonment.
 
These actions by authorities add to the increasing collapse of public confidence in judicial process as providing justice for victims. The ultimate end of the loss of public confidence is the rise of vigilantism, with its horrific effects such as when a paediatrician in the UK was attacked by a community which did not know how to spell 'paedophile'.
But
on the other hand, in the US between 90 and 95 percent of all state and federal criminal cases are resolved by plea bargains. Prosecutors threaten defendants with far higher sentences if they do not plead guilty and rather choose to assert their right to a trial. Among federal drug defendants, for example, those who refuse to plead receive sentences that are on average three times higher than those received by people who plead guilty. Not surprisingly, only three percent of federal drug defendants risk going to trial. The US Sentencing Commission took a step towards fairer drug sentencing when it amended its guidelines to reduce sentences for most federal drug offenders, including over 46,000 federal prisoners currently (2015) serving unnecessarily long sentences who now will be eligible to seek a reduction.

  Correctional Supervision (Prison Services)  
The

attitude of prison/correctional service authorities and their staff toward prisoners is an important part of the judicial process in any society. Therefore it is important to note the principle contained in the command of God to the newly forming nationhood of Israel –
"And if a man has committed a sin worthy of death, and he is put to death, and you hang him on a tree, his body shall not remain all night on the tree*; but burying you shall bury him the same day. For he that is hanged is a reproach to God."
Deuteronomy 21:22-23
Literal Translation
*That is,
it shall not become
fodder for predators.
So, even the worst are
not to be humiliated!
This is not a religious ritual issue. It is the attitude to the offender, even the worst offender, which is here expressed in how his body is treated even after his death. This is because respect for the Creator is expressed in how we treat every part of His creation especially human beings, for God's authorizing of capital punishment (Gen.9:6) was based upon the fact that humanity, no matter how fallen, still carries the inherent constitutional design factor of representing the character His rule ('image of God' Gen.1:26), no matter how far fallen humanity ever becomes.
For instance
therefore, where prison-rape among prisoners has become accepted by prison staff as simply a part of prison-life – the existence of that prison authority is a reproach to God and its personnel are in direct danger of termination by His holy judgment.
 
Every
US jurisdiction allows children under the age of 18 to be prosecuted as adults and sentenced to adult prison terms in certain circumstances. At the end of 2013, 1,200 children were being held in adult state prison facilities. Florida (enabled by its "Direct File" Statute) held a greater number of children in adult facilities than any other US state, partly as a result of its policy of granting prosecutors sole discretion over the prosecution of children in adult court. Fourteen other US states also permit prosecutors to send children to adult courts for prosecution without judicial review in at least some cases.
 
 No leeway may be given to any factor that dehumanises even the most guilty of offenders! 
'Restorative
Justice'
 
 
This term is sometimes used to mean the restoration of a 'relationship' between the perpetrator and the victim of that perpetrator, but this is NOT what justice means! If there is to be any 'restoration', it is the payment of the moral debt owed to the victim/s as a consequence of that crime. It is not a relationship issue, for any positive relationship must involve some level of trust and trust must always be earned.
 
The
essential aspect of any justice system is to prevent a repeat of that crime. Prison itself does not do that. Prison simply provides breathing-space to a community by removing the perpetrator from its ranks for a time that may result in a change in the character of the perpetrator.
 
  Capital Punishment
A human being, no matter how degraded, is still by original design an ambassador of the Creator, no matter how corrupt an 'ambassador' (Gen. 1:26; 9:6) hence the special value of human life.
The original
mandate given by the Creator for the death penalty was within the context of the unique and incomparable value of human life (as made to represent the Creator), in contrast to all other animate life, in specifically authorising meat-eating. Humanity was made in His image (His representative). The succeeding cultural decline in the valuing of human life and the commendable development of respect for the environment with its variety of animate forms has falsely made the death penalty to seem barbarous and unethical.
1.
"But you shall not eat flesh with its life, that is, its blood. And for your lifeblood I will require a reckoning: from every beast I will require it and from man. From his fellow man I will require a reckoning for the life of man. Whoever sheds the blood of man, by man shall his blood be shed, for God made man in His own image."
Genesis 9:4-6.
2.
"Whoever kills any person, the murderer must be put to death by the word of witnesses;
but one witness cannot testify against any person to cause him to be put to death.
Moreover, you must not accept a ransom [payment] for the life of a murderer who is guilty of death; he must surely be put to death."
Numbers 35:30-31
3.
"You must not pollute the land where you live, for blood defiles the land, and
the land cannot be cleansed of the blood that is shed there, except by the blood of the person who shed it.
Therefore do not defile the land that you will inhabit, in which I live, for I the Lord live among the Israelites."
Numbers 35:33-34
4.
"If a man is found kidnapping a person from among his fellow Israelites, and regards him as mere property and sells him,
that kidnapper must die. In this way you will purge evil from among you."
Deuteronomy 24:7
5.
"Your eye shall not pity him, but you shall purge the guilt of innocent blood from Israel, so that it may be well with you."
Deuteronomy 19:13
6.
"Fathers shall not be put to death because of their children, nor shall children be put to death because of their fathers.
Each one shall be put to death for his own sin."
Deuteronomy 24:16.
7.
"Moreover, you shall accept no ransom [fine*] for the life of a murderer, who is guilty of death, but he shall be put to death."
Numbers 35:31
*before prisons existed.
In certain circumstances death may be socially therapeutic if it is public, as prescribed by God for Israel.
Nevertheless:
•  “When it is reported to you and you hear about it, you must investigate carefully.
•  If it is indeed true that such a disgraceful thing is being done in Israel, you must bring to your city gate that man or woman who has done this wicked thing — that very man or woman — and you must stone that person to death.
•  At the testimony of two or three witnesses they must be executed. They cannot be put to death on the testimony of only one witness.
•  The witnesses [for the prosecution] must be FIRST to begin the execution, and then all the people are to join in afterward. In this way you will purge evil from among you.
•  If a matter is too difficult for you to judge — bloodshed, legal claim, or assault — matters of controversy in your villages — you must leave there and go up to the place the Lord your God chooses.
•  You will go to the Levitical priests and the judge in office in those days and seek a solution; they will render a verdict.
•  You must then do as they have determined at that place the Lord chooses. Be careful to do just as you are taught.
You must do what you are instructed, and the verdict they pronounce to you, without fail. Do not deviate right or left from what they tell you.
•  The person who pays no attention to the priest [as judge] currently serving the Lord your God there, or to the verdict — that person must die, so that you may purge evil from Israel. Then all the people will hear and be afraid, and not be so presumptuous again.”
Deuteronomy 17:4-13.

Degrading Human Identity
The United States
of America
Yet sadly and very foolishly, John Adams, a prominent early American leader, placed the value of liberty above the value of human life:
"The right of a nation to kill a tyrant, in cases of necessity, can no more be doubted, than to hang a robber, or kill a flea."

in 'Defence of the Constitutions of Government of the United States of America' (1787).
 
It is probable that this perversion of perspective arises in part from the modern myth of regarding democracy as a divine right of nations.
It is always an earned right before God by the morality of a particular society (caring about others). Degenerate societies unhappily tend to produce dictatorships.
Our New Testament has clear teaching on how to treat tyrants (such as their Roman Emperor Nero, the worst of them all): respect them regardless!
The Kingdom
of Saudi Arabia
Saudi Arabia's use of crucifixion – hadd al-haraba in Arabic – arose again in 2014 when Saudi cleric Sheikh Nimr Baqir al-Nimr was sentenced to be beheaded and crucified as a punishment for "waging war on God" and encouraging pro-democracy protests against the Saudi authorities in its restive eastern province, which is home to the country's substantial Shia minority. Preventing this kind of violation of human identity is the very reason why God instructed Israel that a human body was not to be left hanging up overnight.
Like public beheading – widely carried out in Saudi Arabia –
and the displaying of severed heads in public squares after the sentence is carried out, crucifixion
(which takes place after death in Saudi law, not before) is designed to warn others from breaking the law.
Sadly this punishment is enshrined in Saudi Arabia's penal code without the biblical safeguard.
Deuteronomy
21:22-23



The Qur'an reads: "The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is:
execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land"
(Qur'an 5:33).
Saudi Arabia is ruled by a strict form of Islam known as Wahhabism, after scholar and cleric Mohammed ibn Abdul-Wahhab, which arose in the heart of Saudi Arabia's Najd desert in the 17th century.
Abdul-Wahhab and his followers formed a political alliance with the al-Saud family, which enabled Ibn Saud to conquer most of the Arabian Peninsula and establish Saudi Arabia in 1932.

      Now, a little wisdom from humanity's past:
 
"The noblest motive is the public good" Virgil (Roman Poet)
"The good of the people is the chief law" Cicero, De Legibus.
"The biggest criminals write laws that make their crimes legal" Giannina Segnini
(La Nación newspaper, Costa Rica)
"The main strength and force of a law consists in the penalty annexed to it." Sir W Blackstone
(English Judge)
"The law is right reason conformably to nature, universal, unchangeable, eternal,
whose commands urge us to duty, and whose prohibitions restrain us from evil."
Cicero
(Roman Philosopher)
"The universal and absolute law is that natural justice which cannot be written down, but appeals to the hearts of all.
Written laws are formulas in which we endeavour to express as concisely as possible that which,
under such or such determined circumstances, natural justice demands."
Victor Cousins
(French Philosopher)
"Kant, who exerted his great logical ability to prove that the speculative reason in searching after God
inevitably loses itself in sophisms and self-contradictions, believed himself to have found in the practical reason or moral faculty
an assurance for the divine existence and government capable of defying the utmost efforts of scepticism."
Prof. Flint 'Theism'
"Freedom prospers when religion is vibrant and the rule of law under God is acknowledged." Ronald Reagan
  "The LORD saw... and it displeased Him that there was no JUSTICE." Isaiah 59:15
— LOVE IS THE REAL ROOT OF ALL TRUE JUSTICE, AS EXEMPLIFIED IN THE BEHAVIOUR OF GOD, THE ULTIMATE JUDGE OF ALL —