A picture: an old man sits with breathing tube, confined to a wheelchair, slowly dying of congestive heart failure, accused of child molestation over 50 years ago. Inimai M. Chettair, http://www.brennancenter.org/expert/inimai-m-chettiar at New York University School of Law, comments, “Incarceration is the most extreme punishment. And more punishment doesn’t mean more justice.”
Think about that: “…more punishment doesn’t mean more justice.” Isn’t that how we imagine justice ‘being served,’ namely, through punishment? If he is correct, then what constitutes justice? “Tzedek tzedek tirdof” – “Justice justice you shall pursue” (Dt. 16:20) Scripture orders us. If not through punishment, then how do we achieve justice – or at least pursue it?
Another image: a Nazi war criminal lives out his last days in Germany, deported from the United States, subsisting on his Social Security pension. This week The Associated Press broke the story that millions of dollars in Social Security benefits have been and are being paid to veterans of the SS Death’s Head battalions, enabling them to survive quite comfortably upon their return to Germany or Austria. http://bigstory.ap.org/article/eb4a5ff7c40e49bcb310b4ca77694795/expelled-nazis-paid-millions-social-security and http://www.poynter.org/latest-news/mediawire/277279/how-the-ap-busted-nazi-suspects-receiving-social-security-payments/ This was not a bureaucratic mistake, but the Justice Department’s idea to save itself the cost and time of prosecutions. Perhaps more punishment doesn’t necessarily mean more justice, but where is the justice in ‘deportation with a lifetime paycheque?’
As the Canadian Museum of Human Rights prepares to open, as Winnipeg faces the future with a new mayor, and as the city and province continue to work on reconciliation and truth in the wake of generations traumatized by the residential schools, we could consider another translation for ‘tzedek’ – righteousness. What would that look like?