Unit 2 - Crime and Punishment

1. Buddhist attitudes towards justice

Buddhist teachings about the nature of justice and why justice is important for Buddhists, including
Dhammapada 256 –257; Buddhist teachings on why justice is important for the victim; non-religious attitudes
(including atheist and Humanist) about why justice is important, regardless of religion and belief, and Buddhist
responses to them.

What is Justice?

Justice is a hugely important concept, but it is surprisingly difficult to find a definition that everyone agrees on.
One relatively uncontroversial idea might be ‘everyone getting what they deserve’. But of course there are
conflicting views about what people deserve.

It cannot be as simple as ‘everyone deserves to be treated the same’. Various differences between people mean
they deserve to be treated differently. Some people face unfair disadvantages (e.g. disabilities or discrimination),
and so deserve extra resources to allow them to have the same opportunities as others. Some people (e.g. young
children) need extra care, and should not be given the same freedoms as adults (e.g. driving or voting). People
who have worked harder or gained special qualifications may deserve more interesting or well paid jobs. Most
relevantly for this unit, criminals may deserve punishment, and may not deserve the same freedoms that other
people do. (And it would be dangerous to allow them those freedoms).

Still, everyone is equal in the sense that we are all alive, and our lives can go well and badly. Maybe that means
everyone deserves some basic standards of respect and dignity, even compassion, no matter who they are or
what they have done. Maybe everyone has the right to a fair trial before any freedoms are removed. And even if
they’re found guilty, maybe everyone deserves to live in safety, without torture or abuse.

Why is justice important to Buddhists?

For Buddhists, there are other ways in which we (and all living beings) are all equal. We are all trapped in samsara,
so subject to dukkha. But we are all capable of escaping this (nirodha). Mahayana Buddhists would also stress the
Buddha Nature that we all share. It would be ignorant not to recognise and respect this basic equality, and
therefore every person should be treated with justice and respect.

Buddhists aspire to cultivate an attitude of metta (loving kindness) and karuna (compassion) to all sentient beings.
This leads many Buddhists to try to work for justice in the world, as injustice is a major cause of dukkha. Most
Buddhists would say that choosing to ignore suffering and injustice will lead to negative consequences for your
own state of mind, whereas working for justice will bring positive consequences.

The universe is governed by the law of kamma. Our actions can be skilful or unskilful resulting in either positive or
negative kamma. Many Buddhists describe this as actions being seeds that ripen into karmic fruits. As there is no
self (anatta) the results of kamma affect not just the doer but all beings which are all interconnected.
For many Buddhists kamma is therefore justice in action.

For some Buddhists it may seem that it is unfair that we can be affected by other people’s unskilful actions,
however for others this is further motivation to work for justice.

Some Buddhists might feel that those suffering injustices are simply reaping the consequences of their own
kamma – and therefore justice is being done and this process should not be interrupted.

The Buddha rejected the hereditary caste system that organised Indian society at the time;

"Birth makes not a man an outcast,

Birth makes not a man a brahmin;
Action makes a man an outcast,
Action makes a man a brahmin."
(Sutta-nipâta, 142)

The Buddha freely admitted people from all castes and classes into his religious order if they were ready to live the
holy life, and some of them (including former barbers, scavengers and slave girls – low caste occupations) became
important in the order.

Many Buddhists try to work for justice by supporting charities such as Oxfam, which helps people in LEDCs, or
Amnesty, an organisation which promotes human rights and highlights cases where people’s rights are abused.
In addition, The Second Precept states: “I undertake to abstain from taking what is not freely given.” This leads
many Buddhists to feel that they have a responsibility to ensure that the earth’s resources are shared fairly.

Dhammapada 256 –257;

To pass judgment hurriedly doesn't mean you're a judge.
The wise one, weighing both the right judgment & wrong,
judges others impartially — unhurriedly,
in line with the Dhamma, guarding the Dhamma, guarded by Dhamma,
intelligent: he's called a judge.

2. Buddhist attitudes towards crime

Buddhist teachings and responses to the nature, causes and problem of crime, including Dhammapada 160–165;
Buddhist teachings about crime; what action is taken by Buddhist individuals and Buddhist groups to end crime,
including the Prison Dharma Network / Prison Mindfulness.

Any criminal act is going to be regarded as unskilful. It will generate negative kamma and is in most cases against
the precepts and the Eightfold Path.

On rare occasions crime might be considered skilful (for example a protest against a controlling regime). For
example, Tibetan monks have broken laws whilst protesting against China’s repression of their religion.

Crime, because of its negative impact on other people, will be seen to disrupt the balance in samsara. It will also
cause suffering to the criminal who may be affected by guilt and is not at ease in the world.
Furthermore, the belief in rebirth means that ultimately the ‘punishment’ for crime will be a negative rebirth and
a delay in the attainment of nibbana. In this sense crime is bad for the perpetrators and the victims.

Ultimately crime is committed by those who are driven by the three poisons - greed, anger and ignorance – and
will only cause further damage to all beings.

This is one reason why Buddhist organisations like the Prison Mindfulness Institute teach the use of mindfulness
for rehabilitation, self-transformation, and personal & professional development.

Dhammapada 160–165;
160. One truly is the protector of oneself; who else could the protector be? With oneself fully controlled, one gains
a mastery that is hard to gain.
161. The evil a witless man does by himself, born of himself and produced by himself, grinds him as a diamond
grinds a hard gem.
162. Just as a single creeper strangles the tree on which it grows, even so, a man who is exceedingly depraved
harms himself as only an enemy might wish.
163. Easy to do are things that are bad and harmful to oneself. But exceedingly difficult to do are things that are
good and beneficial.
164. Whoever, on account of perverted views, scorns the Teaching of the Perfected Ones, the Noble and Righteous
Ones — that fool, like the bamboo, produces fruits only for self destruction. [14]
165. By oneself is evil done; by oneself is one defiled. By oneself is evil left undone; by oneself is one made pure.
Purity and impurity depend on oneself; no one can purify another.
3. Buddhist teachings about good, evil and suffering
Buddhist teachings about the nature of good actions, how they are rewarded, and the nature of evil actions; non-
religious attitudes (including atheist and Humanist) about why people suffer, including believing in religion and
Buddhist responses to them; divergent Buddhist teachings about why people suffer, including the words of the
XIV Dalai Lama’s Nobel acceptance speech (10 December 1989).

In Buddhism all life is described as dukkha or suffering. Dukkha is one of the three marks of existence that affects
all beings. Dukkha is caused by craving which can be extinguished through following the Eightfold Path. This
process is set out in the four noble truths. Therefore at its most basic level, suffering is inevitable.

Any negative emotion/act or dukkha/suffering is a result of craving driven by the three poisons. In this sense we
cause our own suffering. When bad things happen to us we can also choose how to react and either extend the
suffering (by wishing things were different) or extinguishing the suffering by accepting its existence as part of life.

Buddhists believe that we can also contribute to good and evil through our actions, thoughts and speech. We
perform either good or bad actions which results in good or bad consequences.

Good and evil are slightly problematic terms in Buddhism and it tends instead to see things as either skilful or
unskilful – you will find this in Buddhist literature.

Some Buddhists might argue that suffering in this life is caused by our own previous negative kamma – many
would see this as an oversimplification of the idea of kamma and a confused take on the concept of anatta (no
self).

Humanists, like most atheists, will base their moral beliefs on evidence, and reject any supernatural beliefs since
they cannot be tested. Humanists think moral questions can be answered through science and reason, and we can
explain the influences on a person that might lead them to hurting others. This is more useful than branding them
‘evil’, because it allows us to address the root causes of suffering.

There is no doubt that religions (including Buddhism) have been and continue to be a major source of suffering.
Religion can be used to motivate wars, defend persecution of people with different beliefs and lifestyles, and
make people feel guilty or inadequate if they fail to live up to the ideals their religion calls for. Buddhists, along
with the majority of followers of any religion, would think this is largely due to religion being misinterpreted and
abused. There are ideas that Buddhists can agree with in every religion, especially about compassion for others,
which should help reduce suffering rather than increase it.

the XIV Dalai Lama’s Nobel acceptance speech (10 December 1989).
… As a Buddhist monk, my concern extends to all members of the human family and, indeed, to all sentient beings
who suffer. I believe all suffering is caused by ignorance. People inflict pain on others in the selfish pursuit of their
happiness or satisfaction. Yet true happiness comes from a sense of inner peace and contentment, which in turn
must be achieved through the cultivation of altruism, of love and compassion and elimination of ignorance,
selfishness and greed.

The problems we face today, violent conflicts, destruction of nature, poverty, hunger, and so on, are human-
created problems which can be resolved through human effort, understanding and the development of a sense of
brotherhood and sisterhood. We need to cultivate a universal responsibility for one another and the planet we
share. Although I have found my own Buddhist religion helpful in generating love and compassion, even for those
we consider our enemies, I am convinced that everyone can develop a good heart and a sense of universal
responsibility with or without religion…

4. Buddhist attitudes towards punishment

Divergent Buddhist teachings and attitudes towards the nature and use of punishment, including Dhammapada
197–202 and links to situation ethics; Buddhist teachings on why punishment can be regarded as justice and why
punishment might be needed in society.
Buddhism has no deity which will dish out the rewards or punishments. Instead the natural law of kamma creates
a system in which people are either punished or rewarded. In the Dhammapada the Buddha warned about the
consequences of negative reactions - for example anyone who was violent to someone unarmed would be
punished, via the mechanism of kamma, by going mad or their loved ones dying.

Some Buddhists therefore have an ambivalent approach to human justice systems because punishment will be
given through kamma.

Most Buddhists will support justice systems as a skilful way to help order society.

The Buddha didn’t really set out rules for society or lay people beyond the precepts and the Eightfold Path.
However for the monks there is the vinaya – a set of rules with a list of punishments.

The Buddha generally taught that each crime should be considered on a case by case basis, and therefore that
skilful punishment might change depending on the situation. There are parallels with situation ethics here, which
also avoids fixed rules, and encourages careful consideration of each case individually.

Ultimately punishment should be enacted with metta – it should aim to heal and support rather than cause
further damage.

Dhammapada 201
Victory gives birth to hostility; the defeated dwell in pain.
Happily the peaceful live, discarding both victory and defeat.

5. Buddhist attitudes towards the aims of punishment

Divergent Buddhist attitudes towards each of the aims of punishment (protection, retribution, deterrence and
reformation); Buddhist teachings about punishment, including Bhaddali Sutta.

Most Buddhists regard reform as the main aim of punishment. As nothing in life is permanent, the criminal
mentality can also change (anatta).

An example of this is the Tibetan Buddhist saint and poet Milarepa. As a young man, Milarepa was responsible for
the deaths of 35 people who had wronged him and his family. He came to regret his actions, changed his life and
eventually attained enlightenment and became known for his wisdom and compassion.

Another example of anatta and reform is found in the story of Angulimala, who was a thief and murderer (his
name means ‘necklace of fingers’!) When he attempted to kill the Buddha, however, he was amazed by his
calmness and compassion. He gave up his criminality and trained to become a monk. He reported that ‘I was
reformed not by the rod or the whip, but by the kind words of the compassionate Buddha’.

This is another reason why the Prison Mindfulness Institute teach the use of mindfulness for rehabilitation, self-
transformation, and personal & professional development.

Protection is also a valid purpose of punishment in Buddhism. Buddhists recognise the need for society to be
protected from criminals, but the concept of protection also extends to the criminal; imprisoning a criminal stops
them from committing further crimes and therefore protects them from creating any more negative kammic
consequences for themselves.

Buddhists are unlikely to see retribution as an appropriate aim of punishment. However, the law of kamma means
that criminals will always reap the consequences of their crimes either in this lifetime or in a future one, even if
they appear to have got away with them.

Most Buddhists are against cruel punishments because of the effects they will have on the mind of the person
inflicting the punishment as well as on the physical and mental state of person being punished. The principles of
metta (loving kindness) and karuna (compassion) would also appear to rule out cruel punishments.

Buddhists generally feel that any punishment should be in proportion to the crime committed. The Bhadali Sutta
explores this. Here the Buddha explains how punishments should be enacted on a case-by-case basis, rather than
having set punishments for set crimes. You have to be sensitive to the behaviour and state of mind of the
offender. The function of punishment is to instruct and rehabilitate, never to gain retribution. In other words,
punishments do not make the offender "pay" for his crime. Justice is interpreted in the context of the first noble
truth -- suffering -- and punishments implemented in the way that causes the least amount of pain, stress and
conflict for the offender and the community at large.

6. Buddhist teachings about forgiveness

Buddhist teachings and responses about the nature and importance of forgiveness, including Dhammapada 3 –
10, how offenders are forgiven by the community and why this is needed; Buddhist responses to the nature and
use of restorative justice, and why it is important for criminals.

For Buddhists, the absence of a deity means that there is no concept of needing God’s forgiveness. Instead, it is
the individual’s state of mind and the consequences of either forgiving or of holding on to anger which are
important. As a result, Buddhists are likely to regard forgiveness and reconciliation as skilful.

Forgiveness is likely to help both the victim and the perpetrator – holding on to anger and refusing to be
reconciled with someone who has wronged you is likely to lead to negative states of mind (for both parties) which
will hinder the individual’s search for enlightenment. By contrast, letting go of hatred and resentment is more
likely to result in a calmer, more peaceful state of mind (upekkha).
Hatred is one of the Three Poisons which keep us tied to the cycle of birth, death and rebirth. In order to break
free from Samsara and achieve enlightenment, a Buddhist must try to overcome hatred. Forgiveness and
reconciliation are important steps towards this goal.

The teachings of the Buddha imply that clinging on to resentment and anger is unskillful, whilst forgiving others
and becoming reconciled with them is skilful.

Dhammapada 3 –10
3. "He abused me, he struck me, he overpowered me, he robbed me." Those who harbour such thoughts do not still
their hatred.
5. Hatred is never appeased by hatred in this world. By non-hatred alone is hatred appeased. This is a law eternal.
6. There are those who do not realize that one day we all must die. But those who do realize this settle their
quarrels.

7. Buddhist teachings about the treatment of criminals

Dhammapada 129–140; divergent Buddhist attitudes towards the use of torture, human rights, fair trial, trial by
jury, including the application of ethical theories such as situation ethics and Buddhist responses to them.

Buddhism sees the point of punishment as reform. In this sense they would advocate the positive treatment of
criminals – they should be treated humanely (within the guidelines of the first precept) and more so, should be
helped to rehabilitate. Treating prisoners positively creates good kamma for the individual and avoids the
negative kamma that could be created through torture.

Many Buddhists would also argue that introducing prisoners to Buddhism would help with their rehabilitation. This is another
reason why the Prison Mindfulness Institute teach the use of mindfulness for rehabilitation, self-transformation,
and personal & professional development.

Non-custodial sentences may be more effective methods of reform than custodial ones. This is especially true
when conditions in prisons are likely to harden criminals, introducing them to more experienced criminals, making
them used to violence and breeding resentment against the society that has made them suffer in this way. It may
also be very difficult for criminals to rehabilitate into ordinary society after getting used to life in a prison.

On the other hand, prison is more effective for protection, deterrence and retribution. It may also be a better
environment in which to persuade / force unwilling criminals to engage in programmes designed to aid their
reformation and rehabilitation.

Dhammapada 129–140;
129. All tremble at violence; all fear death. Putting oneself in the place of another, one should not kill nor cause
another to kill.
130. All tremble at violence; life is dear to all. Putting oneself in the place of another, one should not kill nor cause
another to kill.
131. One who, while himself seeking happiness, oppresses with violence other beings who also desire happiness,
will not attain happiness hereafter.
132. One who, while himself seeking happiness, does not oppress with violence other beings who also desire
happiness, will find happiness hereafter.
133. Speak not harshly to anyone, for those thus spoken to might retort. Indeed, angry speech hurts, and
retaliation may overtake you.
134. If, like a broken gong, you silence yourself, you have approached Nibbana, for vindictiveness is no longer in
you.

136. When the fool commits evil deeds, he does not realize (their evil nature). The witless man is tormented by his
own deeds, like one burnt by fire.
137. He who inflicts violence on those who are unarmed, and offends those who are inoffensive, will soon come
upon one of these ten states:
138-140 Sharp pain, or disaster, bodily injury, serious illness, or derangement of mind, trouble from the
government, or grave charges, loss of relatives, or loss of wealth, or houses destroyed by ravaging fire; upon
dissolution of the body that ignorant man is born in hell.

8. Buddhist attitudes towards the death penalty

The nature and purpose of capital punishment; divergent Buddhist teachings about the nature, purpose and
arguments surrounding the use of capital punishment, including Brahmajala Sutta 1; non-religious (including
atheist and Humanist) attitudes towards the use of capital punishment, including the application of ethical
theories, such as situation ethics, and Buddhist responses to them.

Many Buddhists regard capital punishment as unskilful and wrong because executing someone goes against the
First Precept. Human life is extremely valuable, because a) our ability to think about and worry about the past and
future mean we are capable of great happiness or suffering, and b) all living beings, but especially humans, are
capable of progress towards enlightenment. We are in the best ‘realm’ for this, because we have intelligence, self
control and a capacity for empathy and compassion. This is why the turtle analogy likens being born as a human to
a turtle crossing a vast ocean coming up to breathe at precisely the point where a golden hoop is floating – rare
and special.

Capital punishment also contradicts ahimsa, the principle of non-violence. Buddhists aspire to cultivate metta
(loving kindness) and karuna (compassion) towards all beings, including criminals.

In addition the law of kamma states that our actions have consequences. Buddhists are likely to be concerned
with the effects of executing criminals for all concerned.

However, there are a number of predominantly Buddhist countries which operate the death penalty and some
Buddhists feel that capital punishment is acceptable because it protects society from dangerous criminals.
 Non-religious Arguments Against Capital Punishment
Sometimes the courts make a mistake. In the USA it is estimated
that at least 45 innocent men have been put to death. Proof of
their innocence did not come to light until after their death and
by then it was too late to do anything about it.
There is no evidence that supports the view that the death
penalty is more of a deterrent than a life sentence.
Locking someone away for life prevents the possibility of that
person re-offending – there is no need to kill them to protect the
public.
In 80% of murders the victim knew the murderer well, in the
majority of cases they are in the same family. Someone who
commits a domestic murder is highly unlikely to carry out
another violent act after release.
Executing people for political reasons would turn them into
martyrs and could lead to more deaths as there are always
people willing to die for a cause to which they are fanatically
committed.
Someone who reforms, having once been a serious criminal, can
be a powerful influence for good, for example. American gang
leader Nicky Cruz is a good example.
Non-religious Arguments For Capital Punishment
It is much cheaper to execute someone, as the cost
of life imprisonment is enormous – at present day
prices it would cost around £350,000 to keep a
person in prison for around 15 years.
The death penalty is the more significant deterrent,
stopping people from committing serious crimes
e.g. murder.
It protects the public as it removes any chance of
the offender escaping and committing another
crime.
The average term served by prisoners given a life
sentence is 15 years. What guarantee is there that
they will not commit another serious crime?
(protection)
Almost every ancient society in the world used to
use it and half the countries in the world still use it
today.
Terrorists and murderers deserve to die
(retribution). If you commit a terrible crime you
deserve an equally terrible punishment. The death
penalty is the most appropriate from of retribution
for someone who has taken the life of another
person.

Brahmajala Sutta 1:8

And how is a bhikkhu possessed of moral discipline? Abandoning the taking of life, he abstains from the taking of
life. He dwells with his rod laid down, his knife laid down, scrupulous, merciful, compassionate for the welfare of all
living beings.

Key concepts
General Principles
Justice – Rightness, fairness, everyone getting what they deserve. Don’t assume this just means retribution;
people can deserve good things too. Maybe everyone deserves a bit of compassion just for being alive / human.
Respect – The basic level of consideration that everyone deserves, regardless of who they are or what they have
done.
Human Rights – Things that everyone deserves just in virtue of being human. Criminals might forfeit some rights
because they have shown they cannot be trusted not to abuse them (e.g. the freedom to go where you want, or
associate with anyone you want to). But others cannot be lost (e.g. freedom from torture, freedom of belief or
religion, maybe the right to life itself.)
Situation Ethics – The idea that the right action always depends on the exact circumstances; there aren’t any
absolute rules that work in all situations.
Humanism – A non-religious ethical philosophy that thinks science, reason and compassion demonstrate the
central importance of the happiness, freedom and well-being of human beings (and other sentient animals).

Buddhist Beliefs
Kamma – The natural law of cause and effect, where your actions and mental states determine what happens to
you in the future, maybe even for many rebirths to come. It is impersonal; it doesn’t involve any deity judging who
deserves what.
Deity – A personal, supernatural being like a god or goddess. Buddha was pretty non-comital about them – they’re
certainly not the central focus of his thinking, and there’s no mention of the kind of all-knowing, all-loving creator
God of monotheism.
Anatta – There is no permanent self (literally, no ‘atman’). We constantly change. This implies the constant
possibility of reform, even of the worst criminals.
Skilful / unskilful – Skilful thoughts and actions are those which have been intelligently chosen because they will
reduce suffering, and help people more towards enlightenment. Unskilful ones do the opposite. Buddhists use
these more specific terms rather than the broader ‘good’ or ‘evil’.
Samsara – The cycle of life, death and rebirth.
Nibbana – The cessation of dukkha, either following enlightenment in this life (nibbana with remainder), or after
death (nibbana without remainder).
Nirodha – The possibility of the cessation fo suffering. This is the third noble truth
Enlightenment – The state of perfect wisdom and compassion, when you have let go of all delusions and the
craving that goes with them.
Buddha Nature – The Mayahana belief that we all share something in common with the Buddha; our capacity for
enlightenment.
Mahayana – a progressive Buddhist denomination known as the ‘greater vehicle’ or ‘Buddhism for the masses’
Ignorance – one of the three mental poisons that cause kamma and keep you trapped in samsara.
Caste system – The social system in India at the time of the Buddha (and still influential today). Everyone was
sorted into different castes or ‘varnas’, inherited from their parents at birth. Your caste dictated what sort of job
you could do, and your status in society. People from different castes did not marry or mix socially. Brahmin were
at the top and outcasts at the bottom, suffering greatly from discrimination.
Upekkha – The perfect calm tranquillity of mind that Buddhists aim for, and achieve through enlightenment.
Interconnectedness – Nothing in samsara exists in isolation. As described by paticca samuppada (dependent
origination), everything depends on or is conditioned by other things. You can see our interconnectedness as a
society, or as part of the natural world, as examples of this. None of us is immune to the things going on in the
world around us.
Metta – Loving kindness for all living beings.
Karuna – Compassion for all living beings.
First Precept – I undertake to abstain from taking life.
Second Precept – I undertake to abstain from taking that which is not freely given.
Ahimsa – Non-harm.
Three poisons – Three negative mental states that hinder your progress towards enlightenment, and often cause
suffering for others. They are ignorance, greed or craving and anger or hatred.
Mahayana – A Buddhists denomination also known as the ‘greater vehicle’ or ‘Buddhism for the masses’. This is
because the emphasis is not just on personal enlightenment but on helping all living beings to avoid suffering, by
realising the ‘Buddha nature’ that we all share.
Vinaya – A sacred test recording the rules the Buddha set out for monks and nuns (bhikkus and bhikkunis).
Prison Mindfulness Institute – a Buddhist group who teach the use of mindfulness for rehabilitation, self-
transformation, and personal & professional development.

Criminal Justice
Protection – An aim of punishment. Society deserves to be protected from the harm that criminals might do to
them.
Deterrence - An aim of punishment. Punishing criminals might help convince others not to commit crimes
themselves, again keeping society safe.
Retribution - An aim of punishment. It means causing someone to suffer purely because they deserve to.
Reformation / Rehabilitation - An aim of punishment. We should treat criminals in such a way that they might
understand why their actions were wrong, and become better people that can function in and contribute to
society.
Forgiveness – Letting go of negative thoughts about a person who has harmed you.
Reconciliation – improving a poor relationship, e.g. by accepting guilt and trying to make amends for your crimes.
Restorative Justice – ‘Restoring’ things to how they should be, by making up for the harm you have done.
Capital Punishment – The death penalty, where a criminal is executed for their crime.
Custodial sentence – Time in prison as a punishment for a crime.
Non-custodial sentence – a punishment that does not involve prison, e.g. a fine, suspended sentence, electronic
tagging, probation etc.
Parole – early release from prison with various conditions on behaviour. If you break these you go back to prison.
Probation – not going to prison at all, so long as you meet various conditions on behaviour. If you break these you
go to prison.