"The Lenses of Reformation
Concerning Pretrial Fairness Act"
By Patti Amsden
Justice is the concept that people are rewarded or punished by virtue of their own specific actions, inputs, and contributions to a given situation. Justice is based upon four main pillars or four main axiomatic truths. These four are fairness and recompense for the victim; righteous judgment for the perpetrator, impartiality in dispensing justice, and fair and impartial judges. The first axiom concerns the victim. The victim of a crime has suffered loss at the hands of a trespasser. That loss may include physical injury, asset loss, property destruction, or any condition where someone is deprived or bereaved of something or someone by the non-authorized action of another. Scripturally, justice is served when the perpetrator restores to the victim that which was lost. The payment of the penalty serves to free the guilty and to compensate the victim.
Reformation lens #1 – Terms of compensation as outlined in the case laws of scriptures seek to return the victim to a pre-crime status, minimize retaliation and vengeance from the victim to the criminal, and position both parties to live at peace. When restitution occurs, restoration is then possible.
Justice pillar number two concerns the perpetrator. Scripture defines the penalties and punishments due to the trespasser. Biblical law does not allow the sentencing to be too great or too small but renders a fair “eye for eye” (Ex. 21:23-25) judgment. Greater and lesser punishments are doled out to match greater or lesser trespasses, respectively. Under God’s law and just civil law, the punishment must match, but not exceed, the damage or harm done by the trespasser. Biblical law considers the worth of the trespasser to be that of a person with the potential to be God’s image-bearer and seeks to restore the lawless one to a place of independent dignity as a contributing member of society. The person accused of a trespass must be treated justly and righteously at every level of the justice process.
Reformation lens #2 – The person who is accused of trespass may only be convicted by the mouth of two or three witnesses (Ex. 17:6; 19:15; 2 Cor. 13:1) and only before the jurisdictional officer appointed to hear the witnesses and mete out the judgment. Prior to trial, no sentencing may occur, nor shall any terms of punishment or restoration be enacted.
Justice pillar number three speaks to impartial judgment. Whereas justice is the concept that people are rewarded or punished by virtue of their own actions, equality deals with the concept of equal rights, responsibilities, opportunities, and applications of law common to everyone. The Preamble to the Declaration of Independence states “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Whereas not all people are rewarded equally because just reward is based upon choices and acts, all people are deserving of equal rights to administrate their own property, deserving of equal scale of justice in measuring out rewards or punishments, and deserving of equal protection under the law regardless of race, nationality, ethnicity, social ranking or economic status (Deut. 16:19).
Reformation lens #3 – Every criminal holds a standing of equality before the courts and is, therefore, due the same operation of a fair and impartial hearing and the benefit of actions that are blind to the gender, race, or status of the person under indictment. Whereas justice is reward based and not all guilty receive equal reward; justice deals with everyone receiving the same process to determine guilt or innocence.
Justice pillar number four concerns the nature of the judges. Moses set men in Israel to function as judges and to mediate disputes where trespasses were alleged. God, through Moses, set the qualifications of judges. “You shall appoint judges and officers in all your gates, which the Lord your God gives you, according to your tribes, and they shall judge the people with just judgment. You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous. You shall follow what is altogether just, that you may live and inherit the land which the Lord your God is giving you” (Deut. 16:18-20).
Reformation lens #4 – God empowers men as His appointed agents to guard and enforce justice by requiring the trespasser to make restitution and by measuring out justice in a fair and unbiased manner. If God’s judges do not execute justice in His name, God will execute justice in His own name upon both the trespasser and the judges.
As Reformers, we must consider the concept of justice based on the four principles presented in these lenses. When any of these pillars are missing or replaced by unbiblical ideologies, justice is compromised. When discussing pretrial bail and the Pretrial Fairness Act, we must consider if all those arrested are receiving equality in the process in order that due reward and justice might be dispensed.
Reformation lens #1 – Terms of compensation as outlined in the case laws of scriptures seek to return the victim to a pre-crime status, minimize retaliation and vengeance from the victim to the criminal, and position both parties to live at peace. When restitution occurs, restoration is then possible.
Justice pillar number two concerns the perpetrator. Scripture defines the penalties and punishments due to the trespasser. Biblical law does not allow the sentencing to be too great or too small but renders a fair “eye for eye” (Ex. 21:23-25) judgment. Greater and lesser punishments are doled out to match greater or lesser trespasses, respectively. Under God’s law and just civil law, the punishment must match, but not exceed, the damage or harm done by the trespasser. Biblical law considers the worth of the trespasser to be that of a person with the potential to be God’s image-bearer and seeks to restore the lawless one to a place of independent dignity as a contributing member of society. The person accused of a trespass must be treated justly and righteously at every level of the justice process.
Reformation lens #2 – The person who is accused of trespass may only be convicted by the mouth of two or three witnesses (Ex. 17:6; 19:15; 2 Cor. 13:1) and only before the jurisdictional officer appointed to hear the witnesses and mete out the judgment. Prior to trial, no sentencing may occur, nor shall any terms of punishment or restoration be enacted.
Justice pillar number three speaks to impartial judgment. Whereas justice is the concept that people are rewarded or punished by virtue of their own actions, equality deals with the concept of equal rights, responsibilities, opportunities, and applications of law common to everyone. The Preamble to the Declaration of Independence states “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Whereas not all people are rewarded equally because just reward is based upon choices and acts, all people are deserving of equal rights to administrate their own property, deserving of equal scale of justice in measuring out rewards or punishments, and deserving of equal protection under the law regardless of race, nationality, ethnicity, social ranking or economic status (Deut. 16:19).
Reformation lens #3 – Every criminal holds a standing of equality before the courts and is, therefore, due the same operation of a fair and impartial hearing and the benefit of actions that are blind to the gender, race, or status of the person under indictment. Whereas justice is reward based and not all guilty receive equal reward; justice deals with everyone receiving the same process to determine guilt or innocence.
Justice pillar number four concerns the nature of the judges. Moses set men in Israel to function as judges and to mediate disputes where trespasses were alleged. God, through Moses, set the qualifications of judges. “You shall appoint judges and officers in all your gates, which the Lord your God gives you, according to your tribes, and they shall judge the people with just judgment. You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous. You shall follow what is altogether just, that you may live and inherit the land which the Lord your God is giving you” (Deut. 16:18-20).
Reformation lens #4 – God empowers men as His appointed agents to guard and enforce justice by requiring the trespasser to make restitution and by measuring out justice in a fair and unbiased manner. If God’s judges do not execute justice in His name, God will execute justice in His own name upon both the trespasser and the judges.
As Reformers, we must consider the concept of justice based on the four principles presented in these lenses. When any of these pillars are missing or replaced by unbiblical ideologies, justice is compromised. When discussing pretrial bail and the Pretrial Fairness Act, we must consider if all those arrested are receiving equality in the process in order that due reward and justice might be dispensed.
