Chapmanessay on comparison and contrast of criminal justice in westerncivilization and Islamic civilizations does not make a viableargument. While it is true that there exist great variation on howcriminal justice is applied, in his contrast and comparison essay, hetends to favor the Islamic brutal punishment as an ideal way ofimplementing justice. His argument that the Islamic form of criminalpunishment is more brutal than what is practiced in the westernsocieties is valid. However, this argument that the westerncivilizations form of criminal punishment is less effective comparedto the Islamic form of punishment misses a point.
Theargument that, offenders interact with other hardened criminals whilein prisons, and this enhances their chance of repeating criminalactivities after prisons life is a valid point. He observes that, thecorrectional facilities established to punish criminals are noteffective in rehabilitating criminals this argument is not valid. Inaddition, his validation that public punishment as that practiced bythe Islamic societies is effective in instilling fear to othercriminals and avoid recidivist criminal acts, is in no way effectivethan the use of correctional facilities to punish and rehabilitatecriminals. The author’s opinion is not valid by favoring the brutalpublic punishment of criminals to that of the prison prisonsrehabilitation is more human and respects individual rights comparedto the barbaric acts practiced by the Islamic societies (Sutter,2012:1).Prison rehabilitation gives individuals chance to change and reformtheir behaviors without interfering with their human dignity thereis a great difference between societies that respect human rights andthose that do not.
Similarly,the author’s assertion that, the western form of imprisonment isbarbaric misses a point in that efficiency cannot be equated withcruel punishments. Another limitation in Chapman argument is thatthe Islamic ways of dealing with criminals are not effective suchacts represent societies that do not uphold the rule of law. Inaddition, according to rule of law suspects are not guilty unlessproven so through evidence. In this respect, the Islamic way ofpunishment is liable to bias and may lead to misuse of punishment tothe wrong offenders. Therefore, Chapman comparison and contrastbetween the western forms of criminal punishment to that of Islamicworld is not valid. What Chapman calls efficiency and immediatejustice through the Islamic form of punishment is indeed another formof the law breakage.
Inaddition, a culture that allows such form of barbaric punishmentcannot be compared to other cultures that upholds rule of law. Whileone cannot dismiss the effectiveness of public justice administrationthrough open forms of punishment as a warning to would be criminals,the use of brutal and inhuman techniques renders this form ofpunishment less appealing for civilized societies.
Responseto Ryan Malek`s discussion
RyanMalek`s discussion that Chapman assertions are legitimate is flawed.The Islamic way of punishments is liable to bias, misuse and could bewrongfully used to settle other scores rather than the actual crimecommission. Although the western form of punishment may not beeffective considering the conditions in the corrective facilities, atleast this mode is more civilized, applies justice, and there is lesschance of bias or unintended punishment as evidence determines thecourse of punishment to be applied. As such, Chapman’s arguments onthe effectiveness of Islamic way of punishment are not valid.
Furthermore,centrally to Chapman’sand Malek`sclaims, imprisonment is less cruel than the Islamic form ofpunishment and that criminals have time to reform and learn newskills unlike the barbaric form of punishment. Therefore, Malek`sarguments and validation of Islamic punishment are not justifiable.While one cannot categorically insinuate that imprisonment iseffective in crime deterrence, it is far better than the barbarictreatment(Sutter, 2012:1).Given a chance to decide on the two form of punishment most criminalswould choose to be in incarcerated than been amputated of violentlybeaten by the mob that have higher chances of death or cause seriousdisability. Lastly, even in the civilized societies, there are stilltraces mediaeval forms of punishments and, therefore, one cannot bequick to point that western form of punishment is effective or lesseffective to that of the Islamic ways.
Sutter,John D., ‘Welcome to the world’s nicest prison,’2012. Retrievedon 3rdJuly 2014, fromhttp://www.cnn.com/2012/05/24/world/europe/norway-prison-bastoy-nicest/index.html